Resurgent Capital / LVNV Funding HELP

[Gill_N]

Please I would like to see if someone can help me draft a response to the BBB,  on my first attempt this it the response I got from LVNV.  I am not sure what the best course of action is here to have these accounts removed from my credit file.  I know that many of you on this forum have been able to do it.  So if you can please email me or post a response.   Thank you G

April 3, 2013

RE:      xxxxxxxxxxxxxxx

Reference Numbers:  xxxxx, xxxxx, xxxxx, xxxxx, xxxx

Dear Ms.:

This letter is in response to your correspondence dated March 24, 2013 regarding the referenced consumer.  LVNV Funding LLC (“LVNV”) owns multiple accounts for Mr. Exxx.  Resurgent Capital Services L.P. (“Resurgent”) is the servicer of these accounts owned by LVNV. These accounts were purchased from the previous creditors and all rights to collect were transferred at that time.  Please review the following account information:

Account No. xxxxxxxx                   Reference No. xxxxxxxx                  Previous Creditor: MHC

This account originated on August 11, 2003 with MHC Receivables, LLC (“MHC”) and was opened with Credit One Bank, N.A. (“Credit One Bank”).

This account charged off on August 27, 2008 with a balance of $1,484.99.

This account was purchased from LVNV on September 15, 2008.

The last payment in the amount of $125.00 was received on May 27, 2008.

No payments have been received since Resurgent started servicing it on September 18, 2008.

The current balance of this account is $2,829.91.

Account No. xxxxxxx                   Reference No. xxxxxxxxxx                  Previous Creditor: Arrow

This account originated on June 17, 2006 and was opened with HSBC Bank Nevada, N.A. (“HSBC”).

This account charged off on May 31, 2008.

This account was purchased from Arrow Financial Services, LLC (“Arrow”) on September 23, 2011.

The last payment in the amount of $39.00 was received on October 20, 2007.

No payments have been received since Resurgent started servicing it on September 23, 2011.

The current balance of this account is $2,634.32.

A transfer of ownership letter was mailed on October 28, 2011 and a letter advising of multiple credit bureau disputes received, including validation, was mailed on August 30, 2012. Enclosed are copies of these letters for your records

Account No. xxxxxxxx                   Reference No. xxxxxxxx                  Previous Creditor: Arrow

This account originated on December 7, 2003 and was opened with HSBC.

This account charged off on June 30, 2008.

This account was purchased from Arrow on September 23, 2011.

The last payment in the amount of $99.00 was received on October 26, 2007.

No payments have been received since Resurgent started servicing it on September 23, 2011.

The current balance of this account is $1,974.08.

A transfer of ownership letter was mailed on October 28, 2011 and a letter advising of multiple credit bureau disputes received, including validation, was mailed on August 30, 2012. Enclosed are copies of these letters for your records.

Account No. xxxxxxxx                   Reference No. xxxxxxxx                  Previous Creditor: GE

This account originated on November 21, 2003 with General Electric Capital Corporation (“GE”) and was opened with Sam’s Club.

This account charged off on June 6, 2008 with a balance of $488.33.

This account was purchased from GE on April 27, 2009.

No payments have been received since Resurgent started servicing it on April 27, 2009.

The current balance of this account is $1,156.03.

Account No. xxxxxxxxx                   Reference No. xxxxxxxxxx                  Previous Creditor: GE

This account originated on June 13, 2006 with GE and was opened with PayPal Buyer Credit.

This account charged off on April 22, 2008 with a balance of $158.32.

This account was purchased from GE on May 28, 2008.

No payments have been received since Resurgent started servicing it on May 28, 2008.

The current balance of this account is $766.81.

A letter advising of multiple credit bureau disputes received, including validation, was mailed on September 7, 2010. Enclosed is a copy of this letter for your records.

In accordance with the Fair Credit Reporting Act, the LVNV tradelines are being reported as “disputed” with the three major consumer reporting agencies. They will continue to report as such unless the accounts are closed due to a valid dispute or the statute of limitations for credit bureau reporting expires.

Mr. xxxxx’s  letter asserts that LVNV “re-ages” accounts.  We believe he means the life of the debt has been extended for credit bureau reporting purposes by manipulating certain data, which is incorrect.  It is likely that he believes that the “Open Date” is used in the calculation of the 7-year life of his debt’s derogatory classification on his credit report.  This is not the case.  For debt purchasers, the credit bureaus use the “Open Date” field to capture the date that the account was purchased.  The “Open Date” is not used by the credit bureaus in calculating the 7-year life that derogatory information remains on a credit report.  The “Date of First Delinquency” is the date the credit bureaus use for determining the start of the 7-year reporting period.  The date the delinquency was first reported by LVNV is the date that LVNV first started reporting these accounts to the bureaus.

The consumer reporting agencies define 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.

LVNV is licensed, registered, and/or bonded where required.

If, after review of the above referenced information Mr. xxxxxxx  believes these accounts are fraudulent, we would ask for 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 these accounts were paid or settled in full, the settlement offer, cancelled check(s), and/or confirmation of payment(s) in full would help us resolve this complaint.  In addition, if Mr. xxxxxx  has any correspondence to/from the original and/or previous creditors concerning his dispute, it may help with our investigation, so please have him 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,

P. Holladay

Compliance Department                                             

Resurgent Capital Services L.P.

Enclosures

(I can post what I wrote if that helps, please let me know)

[fishbjc]

The only way to get them to go away is:  They cannot prove you owe the $$$, ID THEFT, Settle with them and try a goodwill deletion.  What is the SOL in your state, as some of these debts are from 2008. 

They're pretty good about settling for around 50%, then removing the accounts by goodwills.  Bad debt isn't going to just go away, someone will continue to chase you.  Are you in a position to settle these accounts?  I'd begin with one of the smaller accounts...pay it off, and try the gw.  If that is successfull, climb the ladder.

[guiness56]

The one thing they did not mention was the DoFD of all the accounts. 

Most were CO around May 08 which would mean the DoFD was before that time.

Two of them list your last payments as Oct 07.  With nothing else to go on, I would guess that would be the DoFD of these 2 accounts.  The exclusion date based on that date would be between Oct 2014 and Apr 2015.

What exactly was your compalaint?

[Gill_N]

This is what I sent to the BBB orginally, with the response I got they did not answer a number of the requests that I had.  I asked them to prove that I owned the accounts and owe the money and they didnt 

Better Business Bureau of South Carolina,

I am in need of your assistance I have been trying to contact Resurgent Capital DOB as LNVN Funding LLC.  I have sent numerous letters to them in order to have them address misrepresentations on my credit reports. Below is the latest letter that I have sent them asking them for documentation pertaining to the accounts they have placed on my account.  Thank you in advance for your assistance with this matter it is greatly affecting me.

Thank you

XXX XXXXX

LVNV Funding LLC

700 Executive Center Drive

Greenville, SC29615

LVNV Funding, LLC,

DBA/ Resurgent Capital Services, LP

DBA/ Alegis Group, LLC

AKA/ Sherman Financial Group, LLC

AKA/Pinnacle Financial Group

FKA/ Sherman Acquisitions

AKA/FNBM, LLC

AKA/Ascent Card Services

AKA/Ventus Capital Services

AKA/Performance Recovery Group

Re: Acct Ref.

893xxxx

0420xxxx

798xxxx

234xxxx

69xxxx

To Whom It May Concern:

This letter is being sent to you in response to an alleged debts. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is not a request for verification or proof of my mailing address, but a request for validation made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. I have sent several letters to your company and all have gone unanswered.  I would like to inform you that it is your job to provide me a response of your findings within 30 days of receipt of my mail.  Each time I submitted a letter to your establishment, I was not responded to the only response I got from you was a change in my credit report showing my accounts were more delinquent than what it initially was to begin with.  , I was not responded to with the 30 days allowed per the FDCPA.  Then, in the process of reviewing my credit reports I notices the unethical practices that I referred to in the beginning of this correspondence, you re-aged my accounts to make it appear as though I had several different accounts.  All credit reports indicated that the accounts were updated which also substantiates my claim that you received my letters but failed to respond to me but in turn updated my credit report and reflected that my accounts were active.  Then you opened a duplicate trade line to reflect that it was opened after the date of my letters.  Please tell me how in the world an account could be opened after the last day of activity was before it.  Then, lastly; please explain to me in writing why you are reporting my debt as a FACTORING ACCOUNT?  The definition of a factoring account is as follows: a company that buys contracts and accounts receivables but not delinquent debt accounts.  The only reason you have coded my account with such information is to avoid having to obey the FDCPA and law suits stemming from failure to follow the rules.   In addition, since you are reporting this as a factoring account, and since businesses are hit with factoring accounts send me any correspondence or any evidence that I have functioned as a business. Please send all information to the address listed above.  You have been in many violations just to name a few, and at this time I am in the process of involving the Federal Trade Commission regarding these FACTS because in essence what you did was violate 15 USC ?1692e(2)(A) by misrepresenting the amount of the debt and by incorrectly characterizing the account as belonging to a “factoring company”..

What I need you to provide as the debt validation is as follows:

1. What the money you say I owe is for;

2. Explain and show me how you calculated what you say I owe;

3. Provide me with copies of any papers that show I agreed to pay what you say I owe;

4. Provide a verification or copy of any judgment if applicable;

5. Identify the original creditor;

6. Prove the Statute of Limitations has not expired on this account

7. Show me that you are licensed to collect in my state of Florida

8. Provide me with your license numbers and Registered Agent of the state of florida

9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.

10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..

11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:

1. Violation of the Fair Credit Reporting Act

2. Violation of the Fair Debt Collection Practices Act

3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 15 days investigating this information and during such time all collection activity must cease and desist being that I have been sending letters to you since June of 2012.

Please note that during this validation period, if any action is taken against me could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 15 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me must be done in writing and sent to the address noted in this letter.

Thank You,

[Cheryla18]

The agency just showed up on my report within the last few days. I don't have any of the original info as far as DoFD and such. How do i get this info? Also I take it that a credit card is a written contract? Correct?

Thanks Cheryl

[infantry08]

Whatever you do with this company, keep a paper trail. If they call, do not discuss the debt at all. Tell them that all future communication to you needs to be done in writing. Immediately send them the DV letter, and do it certified mail with return receipt. Keep a copy of the letter that you sent to them. EVERYTHING needs to be on paper so you can document their failure to the BBB, the FTC, and every other agency possible if they fail to follow the rules.

[Gill_N]

This is the response I got from the messages above and my other post.   I am not sure if I should just give up or keeping going with the BBB at this point, I feel I can win with LVNV.

April 18, 2013

RE:      xxxxxxx xxxxxxx

Reference Numbers:  2351, 1827, 4101, 4066, 6308

Dear Ms.:

This letter is in response to the additional concerns Mr. xxxxxxx submitted on April 8, 2013.  LVNV Funding LLC (“LVNV”) owns numerous accounts for Mr. xxxxx  Resurgent Capital Services L.P. (“Resurgent”) is the servicer of these accounts owned by LVNV.

Our previous response satisfies the requirements for validation of debt in compliance with the Fair Debt Collection Practices Act (“FDCPA”).  Additionally, enclosed is a bill statement on file for Mr. xxxxx account number ending in 6471. Account documentation is not available for Mr. xxxxxx account numbers ending in 3692 and 0621. Account documentation for Mr. xxxxxx account numbers ending in 8235 and 5784 has been requested from the seller. Please note it may take a minimum of 30-45 days to receive the requested documentation from the seller and we will forward the documents upon receipt, if available.

The tradelines will not be deleted; however, they are being reported as “disputed” to the three major consumer reporting agencies. They will continue to report as “disputed” until the accounts are closed due to a valid dispute or the statute of limitations for credit bureau reporting expires.

If you have any further questions, comments or concerns, please contact Customer Service at

Sincerely,

P. Holladay

Compliance Department                                             

Resurgent Capital Services L.P.

Enclosure

[blk8]

Is this your debt and do you owe it?