after 30 days fighting with LVNV Funding

[TrishN]

i pulled my credit report and saw LVNV funding in my credit report with out any dunning noited for me.

1: called them ask for debt validation ( i gave them my SSN)

2: then sent my a paper start with fraud paper and print out by computer my SSN and my name.

3:i leave it alone

4: file complain with BBB asked them for original contract and payment history i made to these account.

5: i also sent them a DV

6:2 week later they respond to BBB like this

Account No. xxxxxxxxxxxxxx Reference No. xxxxxxxxxxx Previous Creditor: xxxxxxxxxxxxxxxx

This account originated on March 15, 2007 and was opened with Total Card, Inc. (“Total Card”).
This account charged off on June 12, 2007.
This account was purchased from North Star Capital Acquisition LLC (“North Star”) on December 30, 2011 with a balance of $xxx.xx
No payments have been received since Resurgent started servicing this account in December 2011.
The current balance of this account is $0.00.
This account has been closed and a request to remove the LVNV tradeline will be submitted to the three major credit reporting agencies during the next reporting cycle.
Account No. xxxxxxxxxxxxxxReference No. xxxxxxxxxx Previous Creditor: xxxxxx

This account originated on April 22, 2007 and was opened with GE Money Bank Peach Direct (“GE”).
This account charged off on December 24, 2007.
This account was purchased from Arrow Financial Services, LLC (“Arrow”) on September 23, 2011 with a balance of $x,xxx,xx
No payments have been received since Resurgent started servicing this account in September 2011.
The current balance of this account is $x.xxx.xx
This account is being reported as “disputed” to the three major consumer reporting agencies.
Verification of debt with validation was mailed to Mr. xxxx on April 23, 2012 and October 19, 2012 in compliance with the Fair Debt Collection Practices Act (“FDCPA”). Enclosed are copies of each of these letters.
Enclosed is the bill of sale showing the transfer of ownership of this account.
Account documentation, such as the credit application and billing statements, are unavailable from Arrow.
It appears this account originated and was charged off eight months after origination. If, after review of the above referenced information Mr. xxxx believes this account is fraudulent or he did not authorize it, 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. A blank form is enclosed and is also available at the FTC’s website: http://www.ftc.gov/bcp/edu/microsites/idtheft/. In addition, if Mr. xxxx has any correspondence to/from Arrow and/or GE 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

Now i just sent reject there respond for the second account

i'll fight with it 

i asked for debt validation. not fraud paper work. i'll fight them beacuse i never get any dunning noited from them. If they dont remove the second account out of my credit report. I'LL SUE LVNV for validation the law !

I'll update when second round or final round is done

[rckstrscott]

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@TrishN wrote:

i pulled my credit report and saw LVNV funding in my credit report with out any dunning noited for me.

1: called them ask for debt validation ( i gave them my SSN)

2: then sent my a paper start with fraud paper and print out by computer my SSN and my name.

3:i leave it alone

4: file complain with BBB asked them for original contract and payment history i made to these account.

5: i also sent them a DV

6:2 week later they respond to BBB like this

Account No. xxxxxxxxxxxxxx Reference No. xxxxxxxxxxx Previous Creditor: xxxxxxxxxxxxxxxx

This account originated on March 15, 2007 and was opened with Total Card, Inc. (“Total Card”).
This account charged off on June 12, 2007.
This account was purchased from North Star Capital Acquisition LLC (“North Star”) on December 30, 2011 with a balance of $xxx.xx
No payments have been received since Resurgent started servicing this account in December 2011.
The current balance of this account is $0.00.
This account has been closed and a request to remove the LVNV tradeline will be submitted to the three major credit reporting agencies during the next reporting cycle.
Account No. xxxxxxxxxxxxxxReference No. xxxxxxxxxx Previous Creditor: xxxxxx

This account originated on April 22, 2007 and was opened with GE Money Bank Peach Direct (“GE”).
This account charged off on December 24, 2007.
This account was purchased from Arrow Financial Services, LLC (“Arrow”) on September 23, 2011 with a balance of $x,xxx,xx
No payments have been received since Resurgent started servicing this account in September 2011.
The current balance of this account is $x.xxx.xx
This account is being reported as “disputed” to the three major consumer reporting agencies.
Verification of debt with validation was mailed to Mr. xxxx on April 23, 2012 and October 19, 2012 in compliance with the Fair Debt Collection Practices Act (“FDCPA”). Enclosed are copies of each of these letters.
Enclosed is the bill of sale showing the transfer of ownership of this account.
Account documentation, such as the credit application and billing statements, are unavailable from Arrow.
It appears this account originated and was charged off eight months after origination. If, after review of the above referenced information Mr. xxxx believes this account is fraudulent or he did not authorize it, 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. A blank form is enclosed and is also available at the FTC’s website: http://www.ftc.gov/bcp/edu/microsites/idtheft/. In addition, if Mr. xxxx has any correspondence to/from Arrow and/or GE 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

Now i just sent reject there respond for the second account

i'll fight with it 

i asked for debt validation. not fraud paper work. i'll fight them beacuse i never get any dunning noited from them. If they dont remove the second account out of my credit report. I'LL SUE LVNV for validation the law !

I'll update when second round or final round is done

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Just FYI, usually debt validation does not require anyting more than a printout.. they don't need to send you statements, bills, itemized things of that nature.. just the original creditor and the amount..

-scott

[rckstrscott]

Adding this: It came from a post from RobertEG about debt validation:

"Most jurisdictions hold to the interpretation that obtaining concurrence from the credtior as to the validity of the debt and providing a listing (not documentary support) of the debt is adequate.  Some courts have ruled that more is required.  There simply is no univeral standard.

Due to the vaugeness of the statute, which only states that they must obtain verification and provide that to you, along with a statement of the debt, those specific requests for documentation are not based on a statutory requirement.

You will find yourself in a predicament if they provide verification that they consider adequate, and you do not.  They will resume collection activities.  You then assert that those activities are a violation of their cease collection bar, lacking prior verification of the debt to your satisfaction.

Your recourse then is to go to one who has the authority to agree with your interpretation of what is adequate debt verification.  That person is a judge.

It is not inadequate debt verification until a judge says so."