What should I reply in response to BBB Dispute for LVNV Funding?!

[Kristie390]

I have disputed LVNV through the bureaus and thorough the BBB as recommended on the forum. Here is my response through the BBB. Any suggestions on what I can do next to get this removed? 

Original Creditor:  General Electric Capital Corporation

Original Creditor:  Wal-Mart

Current Owner:  LVNV Funding LLC

Account Number:  xxxxxxxxxxxxxxxxxxxxxx

Reference Number:  xxxxxxxxxxxx

Current Balance:  $1,157.17

Dear Ms. Bentley:

This letter is in response to your correspondence dated January 14, 2014 regarding the above referenced account.  LVNV Funding LLC ("LVNV") owns the account number ending in 3147. Resurgent Capital Services LP ("Resurgent") is the servicer of the account owned by LVNV.  The account was previously sold by General Electric Capital Corporation on or about November 23, 2009.  As of the date of this communication, the account balance is $1,157.17.  Please review the following account information:

1. This account originated on December 7, 2005 with General Electric Capital Corporation and was opened with Wal-Mart.
2. This account charged off on October 25, 2009 with a balance of $260.31.
3. No payments have been received on this account since Resurgent started servicing it in November 2009.

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 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.

Resurgent received multiple disputes that Ms. S  submitted electronically through the credit bureaus.  Resurgent responded to each one in the adequate time by providing the corresponding information to the respective credit bureaus.  In accordance with the Fair Credit Reporting Act, the LVNV tradeline is being reported as “disputed” to the three major consumer reporting agencies. It will continue to report as such throughout the permissible reporting period unless new information indicates that the dispute should be removed.

Ms. S is correct that the statute of limitations for seeking legal action, such as a judgment, has expired.  However, the account balance is still collectible as expiration of the statute of limitations does not invalidate the obligation or Ms. Steiger’s responsibility for the balance due on this account.

If, after review of the above referenced information, Ms. Steiger 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 Ms. S has any correspondence to/from Wal-Mart or General Electric Capital Corporation 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

[RobertEG]

I see nothing that would require deletion of their reporting.

Their summary states that the debt collector owns the debt, and thus has legitimate authority to report a collection.

While the basis for your disputes via the CRA is not stated, whatever their basis, they have apparently verified, thus concluding all disputes.

The only issue might be if the dispute is still showing as pending.  After resolution, the fact of the dispute remains, but must be updated to show that it has been concluded.

That would be resolvable through the CRA by informal request to remove any remaining pending dispute flag, or via a formal dispute of the accuracy of that reporting.

Conclusion of any dispute can be by way of correction, and does not mandate deletion of the reported collection.

You could offer the debt collector a PFD.  Deltion on their part is discretionary.

[Kristie390]

Darn, was really hoping for a way I can get this deleted off of my credit report.

[RobertEG]

You still could, by offering to pay the debt in exchange for their agreement to delete the reported collection.

[Kristie390]

Have others had success with this particular creditor to delete for payment?