PLEASE HELP

[evoeli]

Okay, Im new to this and need some guidance. Im fed up with LVNV. I filed a case with the BBB stating they never send me any notices via mail, nor responded to my debt validation letters.  BBB came back with a response from LVNV....

RE:      XXXXXXXX; Case/File No. ######

            Original Creditor:         Capital One Bank (USA), N.A.

            Current Owner:           LVNV Funding LLC

            Account Number:        ########

            Reference Number:     ########

            Current Balance:          $1,354.68

Dear Consumer:

This letter is in response to your correspondence dated May 21, 2014 regarding the above referenced account.  LVNV Funding LLC ("LVNV") owns the account number ending in 1605. Resurgent Capital Services LP ("Resurgent") is the servicer of the account owned by LVNV.  The account was previously sold by Capital One Bank (USA), N.A. on or about May 12, 2009.  As of the date of this communication, the account balance is $1,354.68.  Please review the following account information:

1. This account originated on December 16, 2007 with Capital One Bank (USA), N.A.
2. This account charged off on April 16, 2009 with a balance of $762.28.
3. No payments have been received on this account since Resurgent started servicing it in May 2009.
4. Enclosed for your review are bill statements for this account. 

All ownership rights were transferred to LVNV when this account was purchased from the previous creditor.  Those include the right to collect and report to the credit reporting agencies (also known as “credit bureaus”).  Currently, this account is being reported to the three major consumer reporting agencies on behalf of LVNV.  The original creditor may also continue to report the history of this account from the origination date to the time of sale.

Receipt of this complaint is the first communication, written or otherwise that Resurgent has received from Ms. XXXXXXX regarding the above referenced account.  In accordance with the Fair Credit Reporting Act, a request to update the LVNV tradeline as “disputed” will be submitted to the three major consumer reporting agencies during the next reporting cycle.

The consumer reporting agencies reporting guidelines have defined a "factoring company" as a company or individual who purchases accounts with the intent of collecting debts owed.  Therefore, the term is accurate in this situation and the account is reported correctly. 

Resurgent utilizes third party collection agencies to service accounts on its behalf.  This account has been placed with various collection agencies since LVNV acquisition.  Any notification requirements for this account would have been met by these collection agencies. 

If, after review of the above referenced information, XXXXXXXX believes this account is fraudulent, we ask that she provide a completed police/incident report regarding the fraud, or a notarized fraud or identity theft affidavit in order to help us resolve this matter.  Blank forms are available at the FTC's website:  http://www.consumer.ftc.gov/articles/pdf-0094-identity-theft-affidavit.pdf. 

If this account was paid or settled in full, the settlement offer, cancelled check(s), and/or confirmation of payment in full would help us resolve this complaint. 

In addition, if XXXXXXXX has any correspondence to/from the previous creditors concerning her dispute, it may help with our investigation, so please have her forward it to:

                        Compliance Department          or         Fax:  866-467-0918

                        MS 250

                        P.O. Box 10497

                        Greenville, SC 29603

If you have any further questions, comments or concerns, please contact Customer Service at 888-665-0374.

Sincerely,

Modcut

Compliance Department                                             

Resurgent Capital Services L.P.                      

I replied back "Capital One was charged off with  0 balance. High balance of $300. LVNV has never sent me any notices regarding this debt, they never replied to me when I requested verification. Those are fake statements. I want them cleared from all three credit bureaus.

They responded back to BBB today and this is what they wrote...

This letter is in response to the additional concerns submitted by XXXXX dated June 9, 2014 regarding the above referenced account.  LVNV Funding LLC ("LVNV") owns the account number ending in 1605. Resurgent Capital Services L.P. (“Resurgent”) is the servicer of the account owned by LVNV.

Resurgent is in receipt of XXXXX letter of dispute pursuant to 15 U.S.C § 1681s-2 of the Fair Credit Reporting Act (“FCRA”).  Please be advised Resurgent has reviewed XXXXX dispute and our records indicate we have already responded to a previous inquiry substantially the same as her May 21, 2014 dispute.  Because her dispute alleges no new facts and includes no new information on which to form the basis for a new investigation, Resurgent will not be conducting another investigation of the dispute pursuant to 15 U.S.C. § 1681s-2(a)(8)(F)(i)(II) of the FCRA.  Should XXXXX have additional, relevant information, please provide it so we may assist.

Based on XXXXX previous dispute, Resurgent previously requested the account be listed with the three major consumer reporting agencies as "disputed".  It will continue to report as such for the appropriate reporting period unless new information indicates that the dispute should be removed.

Capital One Bank (USA), N.A. charged off this debt and sold the account.  It is likely that XXXX believes that the "Charge-Off" means that the debt is satisfied; however, this is not the case.  Charge-off is an accounting requirement which means that an account has been recognized as unlikely to repay and no longer considered an asset to the original creditor.  It does not affect the debtor’s responsibility for the account debt.  After charge-off, an account remains collectible, and if sold, the current owner has the right to collect.  A charged-off account may remain on a credit report for up to seven years.  It is the "Date of First Delinquency" that the credit reporting agencies (also known as “credit bureaus”) use to determine the start of the 7-year reporting period.  The "Date of First Delinquency" for this account is October 15, 2008.  The tradeline will be deleted on or before July 15, 2015.

If XXXXXX believes this account is fraudulent, we ask that she provide a completed police/incident report regarding the fraud, or a notarized fraud or identity theft affidavit in order to help us resolve this matter.  Blank forms are available at the FTC's website:  http://www.consumer.ftc.gov/articles/pdf-0094-identity-theft-affidavit.pdf. 

How, and what should I reply with?? I have proof on my CR the account was supposedly "closed" at the end of MAY. Was this because the account was being investigated? Please help

Minor modcuts to remove names, unaware if they were actual or not, just being cautious for OP's sake.  

[JennaD075]

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@evoeli wrote:

Okay, Im new to this and need some guidance. Im fed up with LVNV. I filed a case with the BBB stating they never send me any notices via mail, nor responded to my debt validation letters.  BBB came back with a response from LVNV....

RE:      XXXXXXXX; Case/File No. ######

            Original Creditor:         Capital One Bank (USA), N.A.

            Current Owner:           LVNV Funding LLC

            Account Number:        ########

            Reference Number:     ########

            Current Balance:          $1,354.68

Dear Ms. :

This letter is in response to your correspondence dated May 21, 2014 regarding the above referenced account.  LVNV Funding LLC ("LVNV") owns the account number ending in 1605. Resurgent Capital Services LP ("Resurgent") is the servicer of the account owned by LVNV.  The account was previously sold by Capital One Bank (USA), N.A. on or about May 12, 2009.  As of the date of this communication, the account balance is $1,354.68.  Please review the following account information:

1. This account originated on December 16, 2007 with Capital One Bank (USA), N.A.
2. This account charged off on April 16, 2009 with a balance of $762.28.
3. No payments have been received on this account since Resurgent started servicing it in May 2009.
4. Enclosed for your review are bill statements for this account. 

All ownership rights were transferred to LVNV when this account was purchased from the previous creditor.  Those include the right to collect and report to the credit reporting agencies (also known as “credit bureaus”).  Currently, this account is being reported to the three major consumer reporting agencies on behalf of LVNV.  The original creditor may also continue to report the history of this account from the origination date to the time of sale.

Receipt of this complaint is the first communication, written or otherwise that Resurgent has received from Ms. XXXXXXX regarding the above referenced account.  In accordance with the Fair Credit Reporting Act, a request to update the LVNV tradeline as “disputed” will be submitted to the three major consumer reporting agencies during the next reporting cycle.

The consumer reporting agencies reporting guidelines have defined a "factoring company" as a company or individual who purchases accounts with the intent of collecting debts owed.  Therefore, the term is accurate in this situation and the account is reported correctly. 

Resurgent utilizes third party collection agencies to service accounts on its behalf.  This account has been placed with various collection agencies since LVNV acquisition.  Any notification requirements for this account would have been met by these collection agencies. 

If, after review of the above referenced information, XXXXXXXX believes this account is fraudulent, we ask that she provide a completed police/incident report regarding the fraud, or a notarized fraud or identity theft affidavit in order to help us resolve this matter.  Blank forms are available at the FTC's website:  http://www.consumer.ftc.gov/articles/pdf-0094-identity-theft-affidavit.pdf. 

If this account was paid or settled in full, the settlement offer, cancelled check(s), and/or confirmation of payment in full would help us resolve this complaint. 

In addition, if XXXXXXXX has any correspondence to/from the previous creditors concerning her dispute, it may help with our investigation, so please have her forward it to:

                        Compliance Department          or         Fax:  866-467-0918

                        MS 250

                        P.O. Box 10497

                        Greenville, SC 29603

If you have any further questions, comments or concerns, please contact Customer Service at 888-665-0374.

Sincerely,

Compliance Department                                             

Resurgent Capital Services L.P.                      

I replied back "Capital One was charged off with  0 balance. High balance of $300. LVNV has never sent me any notices regarding this debt, they never replied to me when I requested verification. Those are fake statements. I want them cleared from all three credit bureaus.

They responded back to BBB today and this is what they wrote...

This letter is in response to the additional concerns submitted by XXXXX dated June 9, 2014 regarding the above referenced account.  LVNV Funding LLC ("LVNV") owns the account number ending in 1605. Resurgent Capital Services L.P. (“Resurgent”) is the servicer of the account owned by LVNV.

Resurgent is in receipt of XXXXX letter of dispute pursuant to 15 U.S.C § 1681s-2 of the Fair Credit Reporting Act (“FCRA”).  Please be advised Resurgent has reviewed XXXXX dispute and our records indicate we have already responded to a previous inquiry substantially the same as her May 21, 2014 dispute.  Because her dispute alleges no new facts and includes no new information on which to form the basis for a new investigation, Resurgent will not be conducting another investigation of the dispute pursuant to 15 U.S.C. § 1681s-2(a)(8)(F)(i)(II) of the FCRA.  Should XXXXX have additional, relevant information, please provide it so we may assist.

Based on XXXXX previous dispute, Resurgent previously requested the account be listed with the three major consumer reporting agencies as "disputed".  It will continue to report as such for the appropriate reporting period unless new information indicates that the dispute should be removed.

Capital One Bank (USA), N.A. charged off this debt and sold the account.  It is likely that XXXX believes that the "Charge-Off" means that the debt is satisfied; however, this is not the case.  Charge-off is an accounting requirement which means that an account has been recognized as unlikely to repay and no longer considered an asset to the original creditor.  It does not affect the debtor’s responsibility for the account debt.  After charge-off, an account remains collectible, and if sold, the current owner has the right to collect.  A charged-off account may remain on a credit report for up to seven years.  It is the "Date of First Delinquency" that the credit reporting agencies (also known as “credit bureaus”) use to determine the start of the 7-year reporting period.  The "Date of First Delinquency" for this account is October 15, 2008.  The tradeline will be deleted on or before July 15, 2015.

If XXXXXX believes this account is fraudulent, we ask that she provide a completed police/incident report regarding the fraud, or a notarized fraud or identity theft affidavit in order to help us resolve this matter.  Blank forms are available at the FTC's website:  http://www.consumer.ftc.gov/articles/pdf-0094-identity-theft-affidavit.pdf. 

How, and what should I reply with?? I have proof on my CR the account was supposedly "closed" at the end of MAY. Was this because the account was being investigated? Please help

---

 I also have a closed charged off account through Capital One.  They haven't sold it though.  I thought closed just meant that the account is no longer open and they have to $0 the balance to charge it off making it still a valid debt?

[evoeli]

Someone please?????

[Shogun]

OK.... but you're not going to like what I have to say.  It looks perfectly fine to me.  I think LVNV did a really good job of addressing the issue.  I don't understand what your question about this is.  What is the reasoning for the complaint?

Did you have a debt that you did not pay that they now own?  If it was fraud then that would be the only reason I would say that this is not reporting correctly.  It is old, is it passed the SOL of your state?

[xaiduz114]

I don't know what to do here, I'm just as clueless as you, but maybe change the title of the topic to help with BBB complaint? I'm hoping a more knowledgeable member will pop on soon to help you. I know you're probably anxious to send a prompt response.

[Shogun]

Only violation I could see is if they didn't send a dunning notice, and since they've had the account since 2009, it would be difficult to prove that they didn't.   And with that, the DV would not have been timely, so they would not be required to respond to it.

[Erusidhion]

    I agree. They probably already sent you a dunning notice at an old address you have had and now you have no way to prove they did or didn't. When you move to a new address you always change the address of all your bills, driver's license, etc. You should also do the same with the Credit Bureaus that way if someone every tries to use your old mailing addresses and it isn't your current address it will throw a red flag when someone attempts to get credit in your name. Also, not updating your address means people are receiving your pre-qualified offers and maybe even credit reports showing your social security among other things. It can be pretty scary.

    You should always try and get the old addresses deleted as well AFTER you update closed/open tradelines to your new address. You have to take things into your own hands and be proactive about protecting your identity because no one else will. Sorry Shogun gave you the bad news but looks like you owe the debt and may have even poked the bear by doing what you did I hope everything gets resolved peacefully.

[evoeli]

I understand what your saying and appreciate it 100%. If there is a way I could  just show you all whats on the credit report.. It'll make more since on what im trying to fight here, or at least point me in the right direction if you will.....