Re: LVNV Issues
11-19-2012 01:28 PM
The subsequent cease communication letter sent to them was totally redundant and immaterial until such time as debt verification was provided. In fact, it unnecessarily created a basis for them to assert that it prevents them from now providing debt verification.
I would never send a cease communication letter after a DV. Period. A DV is more comprehensive than a cease communication letter, as it imposes a total cease collection bar on them, only a part of which includes inititating communications with the consumer. To send a request for debt verification and then inform them that they are not to communicate with you is a contradiction. Save a cease communication until after verification is provided, should you want to then continue blocking communications with you.
The issue of their reporting as a factoring company is not, in my opinion, the real issue. The issue is whether reporting as a factor makes them a creditor as opposed to a debt collector. They seem to contest that it does by reporting an installment account obligation to them. That is bogus, as you have no installment account agreement with them.
Thus, the only reporting of account delinquencies in your credit file should be that of the creditor, not any debt collector.