Member
NotIT
Posts: 6
Registered: ‎07-27-2012
Re: LVNV Issues

I am in an odd situation... I sent LVNV a DV letter (also stating they are to cease TELEPHONIC communication... verbatium from my letter... "I am also stating, in writing, that no telephone contact be made by your offices. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.").  Never receive a response back.  DV'd again - no response.  DV'd again - still no response and yes I waited longer than appropriate for responses.  After SEVERAL months of frustration, I decided to utiilize the BBB to aide in verification.  Here is what I got from them:

 

-----------------------------------------------------------

This letter is in response to your correspondence dated October 26, 2012 regarding the above referenced account. LVNV Funding LLC (“LVNV”) currently owns the account number ending in xxxx. Resurgent Capital Services L.P. (“Resurgent”) is the servicer of the account owned by LVNV.  The account was previously sold by Arrow Financial Services, LLC (“Arrow”) on or about September 23, 2011 at which time the balance was $603.45. As of the date of this communication, the account balance is $630.14.  Please review the following account information:

 

  1. This account originated on April 30, 2007 and was opened with CorTrust Bank N.A. (“CorTrust”).
  2. This account charged off on November 1, 2007.
  3. Arrow advised the last payment in the amount of $125.00 was received on June 24, 2007.
  4. No payments have been received since Resurgent started servicing this account in September 2011.

 

It appears there is some confusion regarding the credit bureau reporting of this account.  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.

 

In most cases, creditors charge off accounts once they are 120 days or more past due/delinquent. 

The statement “120 days past due” is generally how a charged off account is defined by the credit bureaus. Due to the account being charged off, the bureaus still report it as 120 days past due.  This comment is added by the bureaus to further define the account; therefore, this statement cannot be altered.

 

Additionally, Resurgent did not provide validation of debt in response to NAME DELETED repeated requests due to the fact that her letters requested that we cease telephone contact with her.  Accordingly, this account was placed in a cease status, which resulted in no further contact, written or otherwise, from our office. 

 

If, after review of the above referenced information NAME DELETED believes this account is 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.  A blank form is enclosed and is also available at the FTC’s website:http://www.ftc.gov/bcp/edu/microsites/idtheft/.  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 NAME DELETED has any correspondence to/from Arrow and/or CorTrust 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,

 

 

P. Holladay

Compliance Department                                               

Resurgent Capital Services L.P.

--------------------------------------------------------------------------------------------------

 

I am now at a loss on how to proceed.  My initial thought is to reply via BBB with something to the effect of "Please see the attached letter in which LVNV if referring to, it stipulates no telephonic contact may be made, but to verify said debt via USPS." or of the like.  

 

Thoughts?

 

I won this battle with Arrow, but they decided to sell it to LVNV... it's a constant chasing of my tail.


Starting Score: 7/27/12 TU 622 / EQ 584 / EX 642
Current Score: TU 10/22/12 609 / EQ 695 / EX 658
Goal Score: 713 All 3


Take the FICO Fitness Challenge