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Sending a Debt Validation after 30 days - LVNV Funding

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Anonymous
Not applicable

Re: Sending a Debt Validation after 30 days - LVNV Funding

The Maryland Consumer Debt Collection Act ("the Act")1 provides recourse to Maryland consumers whose rights under the Act have been violated. Please be advised that the Act does not apply to any commercial transaction or transactions entered to carry on a business interest. Also, the collection of certain obligations owed to a state or the federal government may preempt the law. Under the Act, a collector who violates any provision of the Maryland law is liable for damages proximately caused by the violation, including damages for emotional distress or mental anguish suffered with or without accompanying injury.

 

Furthermore, LVNV is an unlicensed debt collection agency in the State of Maryland.  The Maryland Collection Agency Licensing Board recently found grounds to allege that LVNV Funding has engaged in acts or practices constituting violation of the Maryland Collection Agency (MCALA), the Maryland Consumer Debt Collection Act (MCDA) and the Fair Debt Collection Practice Act (FDCPA) and revoked the LVNV Funding license to collect debt in the State of Maryland.  (See http://www.dllr.state.md.us/finance/consumers/pdf/lvnvc&d.pdf )

Message 11 of 13
Anonymous
Not applicable

Re: Sending a Debt Validation after 30 days - OLAV Funding

I have a similar situation with LVNV and I'm in the state of AZ.  In December they placed a TL in my Credit Report for a bank account that I had in 2006 that was overdrawn.  They are reporting it as a factoring account and that it was opened in 9/2011.  This caused us to miss out on purchasing a home as it dropped my credit score about 100 points because it was reported as a new collection.  I tried using a well known agency, but they have not been much help and were sending letters to just OLAV and not any of their other sister companies.  I also tried disputing online, but all the scar's do is update the tl as verified.  I called and they do not do a pay for deletion, so how should I approach this?

 

Start over with a written DV to OLAV, Resurgent etc?

Do I do written disputes with the scar's at the same time I do the DV with OLAV?

 

Looking for a place to restart this process.  Thanks in advance for any help you can provide.

Message 12 of 13
RobertEG
Legendary Contributor

Re: Sending a Debt Validation after 30 days - LVNV Funding

Google on "Statute of limitations," "debt," and state name.

You will get a bunch of junk cites, most outdated, but try to find the actual citation of the state civil code for SOL on debt.  Read your state statute.  They are relatively straight-forward.  If a CC debt, it will be covered under "open" type debt.

Message 13 of 13
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