topic Re: Law Firm as CA Help Anyone (LVNV) in General Credit Topics

Law Firm as CA Help Anyone (LVNV)

Anonymous — Wed, 02 May 2007 11:41:51 GMT

I'm new to the board, and have reviewed some of the postings. I know it's illegal to "re-age" a collection account, but I've disputed it for the past two years. The account has changed hands 4 times now, and this latest one never validated the debt. My most recent threat against one CB stated I was frivolous. NOT true. How would anyone know who to pay when you receive notices from (3) different companies within two months of each other. This was RIGHT after I got taken to the cleaners from a different law firm in my State. I had responded to that one, but they filed a notice with the Courts stating "NON-Responsive" and got an automatic default. Wiped out my account for 3 times the amount.

I saw on a posting in here that if a mortgage company pulls your credit the CA will think you can pay, timing is everything because I tried to get DV in May 2006, then in Nov or Dec I heard from them again.They have sent some other crud asking ME to produce documents. I didn't respond because they were way over the 30 days to validate.

Heard nothing again until March this year, they sent an "Informational Statement". I did not respond. Then I received within a week an "assignment of case & judge". This time I responded with certified notice they were violating my rights. Two days later I receive a notice that the judge was reassigned. They did this to get someone who JUST started on the bench vs. the other judge that was on the bench for years. I can see what they are doing, I just do NOT know how to stop it?

The OC charged it off, original DOFD was 2002, and through bad advice at that time I was told not to worry about a charge off to get a mortgage so I didn't. However, now this company lists as a NEW account in 2004.

Anyone have any advice at all?

Thank you!

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Wed, 02 May 2007 11:58:40 GMT

I know what you are talking about. I had a card with Providian and only one card. They have it listed on my CR 3 times with different account numbers. One with Washington/Mutual, One with LVNV Funding and the OC Providian. I disputed with CRA as being Duplicates and it came back as verified (Yea Right) and on top of that we did not make any payments after Oct of 2001 and they have last activity as sometime in the end of 2002 but with LVNV funding they have it open in 2004 and last act in 2005 cant figure that out. I wish there was more that the FTC could do for consumers on things like this. By letting them do what they do by reselling and listing all of them on your report makes it hard to get your report repaired and makes it look even worse. I am about to give up on mine and just go back to paying cash for everything and forget about buying my first home. I wish you luck with them because I have had no luck getting it taken care of.

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Wed, 02 May 2007 12:04:05 GMT

This is the same group. The thing is I know they probably "bought" because they are listed as one of the top JDB and they paid probably $2.00 for the account. I did file with the FTC on the latest company as well but as you said there isn't much they seem to do.

Any other ways to handle this? It's obviously not showing what the OC charge off was either, it jumped several hundred as they all do, even though that's illegal too. I can't understand why this is being allowed through our Courts!

Advice greatly appreciated, I sent a certified letter to the judge yesterday asking for immediate dismissal of this case because they violated the laws, however if nothing else, at least she is now aware I fully expect a court hearing.

I'm pulling all articles I find on how this latest company is gaining default judgments to use as proof as well.

Thanks!

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Wed, 02 May 2007 12:07:47 GMT

I am sorry to hear you are giving up, I am hitting 41 and never owned a home either, but I want security for my kids so I can't give up the fight. I have to know I tried everything. My elderly Mom lives in an area where this is big and I thought perhaps I could help people there too. If nothing else, it makes them aware of their rights and what they can "attempt" to do.

Your history sounds just like mine. And I have gone to where cash is just better. I haven't had a late payment except once when I was out of work last fall in 6 years, I am determined to never get caught in that trap again and since my divorce, I haven't. I do hate the thought of having any credit card (I have two) without going through my bank or something that appears safer, and just pay on time, all the time.

Good luck to you!

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Wed, 02 May 2007 12:32:24 GMT

Who was the OC on that account. you can also go to google and type in the name and class action lawsuits and it will show if they have ever had one like providian has had several and they were for the same thing that they have done to me and several people I have meet in my area. I have also helped people in my area for free in cleaning up their report with letters and sending them to this web site and other sites that I have been told about. It seems that thier scores are going up quicker than mine and I cant understand that. All we need is 4500.00 to pay off everthing and several has said when I can pay they will do a delet but they are waiting on me to be able to get the money. I start a 2nd job this weekend cleaning cottages in our area I am hoping to be able to use this money to pay those off. but until I can get rid of LVNV and the others Providian sold to Then I wont be able to buy my first home. I am 36 and have 4 teenagers. I have been married to my highschool sweetheart for 18 yrs and together for 21. I dont normally give up very easy but I am starting to get tired and no where to turn with them reaging and selling so many times. I will you the best with them

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Thu, 03 May 2007 15:57:52 GMT

Interesting you say you are helping people clean up their report, that's what I've been doing since this entire thing started with the other one that got me no thanks to the help of the courts. The same one, it's Providian - you sound like my mirror image except I don't have teenagers yet. However, I am continuing to arm myself with documents that show what LVNV is, and will continue to fight because I do NOT owe LVNV one single flipping penny. For whatever reason, they are getting away with many violations including illegal re-aging. I have never had an account with LVNV, I've requested the DV, nothing. This latest Law Firm (they are the 4th to try to get something) keeps popping up with a new approach or whatever every 6 months or so. I didn't hear boo when I sent the validation, that was almost exactly one year ago - now they have it "assigned" to some General Case whatever - so I sent a certified letter yesterday to the Judge requesting immediate dismissal for violating the law. I also copied the former assigned Judge because she was seasoned. I have no faith anything will happen other than to be notified of a hearing day. The CB now is calling me frivolous, which seriously peeves me because it isn't - they don't even validate - probably just getting a paycheck from them too.

I'll look into the Providian Class Action lawsuit - interesting. They take forever too - we could be way to dang old!

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Thu, 03 May 2007 16:24:18 GMT

I have 3 other people besides my self that are willing to join a class action against them what they are doing is so wrong just like the SOL for them in my state is 4yrs and now they are reporting that we have been 30 to 120+ days late from March of 2003 thru April of 2005 and the card was closed in Dec of 2001 but they have date of last payment listed as July of 2002 which is wrong I stopped paying them Dec of 2001 when they would not honor the insurance and I found out that they were being sued for the same reason. The Balance on the card at that time was only 215.00 go figure now they have me owing them 1015.00 that is outragiouse. Plus they are listed like 3 times on my report as individual and on my husbands like 3 or 4 times the same way and they all have different account numbers when we only had 2 cards with them. I wish we could do something to them for this. It is stopping us from getting a house since they say we still have a balance due to them and none of the amounts are the same.

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Thu, 03 May 2007 17:25:34 GMT

I don't know about all Providian accounts, but I had a similar problem. Providian apparently sold part of their cc portfolio to Chase. I had a Providian account and a Chase account show up on my CB for the same amount, same CL, etc. The only difference was the account #. I called and called, because I never had an acct with Chase. Just 2 days ago, I called Providian and tried to get them to remove the account [because it was showing balance owed and way past due, like for 3 years]. Anyway, no one knew what they were doing and could not locate an account for me under my ssn. Providian said that I never had an account with them. I told them that that was actually not true, but they couldn't locate anything. It was funny, because the CB "verified" the account as mine. Anyway, they finally transferred me to Chase and after an hour discussion with one of the reps there, he determined that the Providian and Chase account were the same. He told me that he would correct it. Yesterday, by fax, I got notice from Chase that the TL would be removed. How about that. So, my advice is to call and try to speak with someone and get the OC [Providian or Chase] to remove the TL.

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Thu, 03 May 2007 17:47:38 GMT

you dont know how many times I have called them and the hours I have put in on the phone and it has been using my cell phone so that run up my min but I thought that it would be worth it if I could get them to remove the item. NO such luck so far with that.

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Thu, 03 May 2007 20:58:38 GMT

beach123,

With LVNV, or another other CA or JDB, rules don't change.

DV a CA and dispute with the CRA.

Give 'em 30 days. If they don't validate, and the TL is still there, send 'em a second DV letter.

If the CRAs verify, then pursue MOV.

Understand that with validation, should they fail to validate, they are not allowed to pursue ANY collection efforts. Some courts have ruled that ANY communication to you with anything other than validation is a violation--including letters to you for more information or even statements that they are "still attempting to obtain" validation. Not positive, but I think that was in Guerrero v. RJM. Ninth Circuit still has not issue an opinion on the appeal.

With some of these JDB nitwits, you have to be willing to collect a paper trail and sue.

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Sun, 06 May 2007 03:27:48 GMT

Wow - thank you all for your advice. Here is the latest...I sent the "assigned Judge" a letter stating they did NOT validate, and the stupid admin or whatever sent the stinking letter BACK TO ME because I did NOT copy the law firm coming after me.

I'm going to send the copy to them certified, along with another DV request as you stated. Because I am still new (feel old) what is MOV?

I have been requesting all 3 CB's for the past two years to remove it, and they WON'T. This latest attempt (I notified them I'd sue for the violations) they called me frivolous. Talk about inferiorating! I will go on the FTC website and file complaints though not sure what it will do.

Game on for me and whomever else wants to do a class action on LVNV.

I have another new one for all of you, which I'll post under Chase Custom Finance - STEALING!

Thanks all of you, been under the weather so I've not been online.

I so appreciate knowing I'm not alone, wish there was more we could do. I swear, I want to become a loud mouth advocate to bring this to people's attention!

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Sun, 06 May 2007 03:46:07 GMT

beach123,

Hop on over to creditinfocenter. Go into the "Is There a Lawyer in the House" forum, read the stickys on "If You're Suing or Being Sued". Sounds like you've been served with a summons. If you timely DVed, and they are suing, you've got 'em dead to rights on at least one violation.

MOV is Method Of Verification, and I can walk you thru that. But first thing, tackle the legal issues.

FTC and BBB are good for racking up the complaint tally, but it ain't gonna help you with most things involving credit. IMHO, the times you need 'em the most are the times they provide the least assistance.

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Sun, 06 May 2007 03:53:15 GMT

Hey Noah

Thanks for helping - I did request their MOV, their statement said they aren't required to keep or request documentation (CB's).

How stupid!

I was served their stinking summons back in May of last year, to which I promptly responded with my DV. NO RESPONSE received until November of last year when a mortgage company pulled my credit.

I wish there was some convention we could arrange for all of us to get together and create a really big stink - I'd plan it too - I'm guessing we would have several thousand people show up!

Any other advice, I am seriously all ears! I'm never going to get that house and I do NOT believe it's right...I keep printing articles to show the new Judge but I have this feeling I'm never going to get there.

Do you think the best thing is just to proceed filing? I don't know how to sue CB's when I live in MN and they are not located here

Thanks!

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Sun, 06 May 2007 04:05:54 GMT

There's a number of possibles. Are they required to be licensed in state and flying along unlicensed? I think they have to have a resident agent in state in order to collect. You sue their local agent.

I'm not the most knowledgeable in this area. Post on the CIC Lawyer forum. Lots of litigious minds in there.

You might not have to file the suit yourself, and a lawyer with either naca.net or myfaircredit.com might take your case on contingency. If you've been keeping a paper trail, you might be able to walk in their offices and have 'em tell you, "OK, looks like we've got X number of solid violations, maybe an additional Y." Might even steer you to filing the paperwork yourself, and try to get 'em to blink without having to hire a lawyer.

Message Edited by Noah_Bodie on 05-05-2007 09:05 PM

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Sun, 06 May 2007 04:58:00 GMT

The CB's are one of the groups I want to sue because they clearly do not abide by our rights.

History on this LVNV - right now the latest collector is a law firm here in this state. The first collector was located in NY, I sent them a letter stating there was no such debt, do not contact me. Never heard a word.

Two months later I received a notice from a collector that was located in GA, sent them the same lettter. Nothing.

One month later, Dec. 2005 - received the notice from this law firm here, sent them and LVNV a letter, not certified, figured by this time it was getting a little ridiculous. No response.

May 2006 is when I received the summons, and I promptly responded with the DV. I sent that certified. No response...EVER, until November - sent me some stupid thing asking ME to PROVIDE documentation that I OWE. I never responded because they did NOT validate the debt.

Nothing until March, when I received the "Information Statement" stating the hearing would take less 2 hours, was scheduled for October.

Again, as I mentioned, I wrote the Judge, but it was sent back. So, I'll send it back w/CC and the law firm name. I did find some derogatory comments about what the firm has already done to others in the state on Bud Hibbs website.

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Mon, 07 May 2007 18:42:41 GMT

beach123,

If you need any one to join a class action just let me know I have myself and 3 others willing to join that with you. Do you mind me asking what part of MN you are from. We lived there for 10 years. In the lower part close to Iowa and the Dakotas. I wish you the best with this and if I can help just let me know, I am so tired of LVNV and there other companies is not funny. Thats the main thing stopping us from getting our first home as well.

Re: Law Firm as CA Help Anyone (LVNV)

Tuscani — Mon, 07 May 2007 21:11:15 GMT

I am also from MN.

Re: Law Firm as CA Help Anyone (LVNV)

Anonymous — Tue, 08 May 2007 11:28:06 GMT

I live in the Twin Cities. I wouldn't know where to begin for the Class Action, but I'm game.

Thanks to this board I found a lawyer in MN on the myfaircredit.com website that I'm hoping can help with my other problem, and perhaps this one. He has 37 years of experience. My hope is that he'll do it on a contingency. I can't give up the dream of a house, I want the security for my kids.

Today I'll file the FTC complaints on all (3) bureaus regarding the LVNV, have you done that yet? That would help of course...we'll wing it together and hopefully raise more awareness for consumers.

I had only filed with the FTC on the latest law firm that continues to attempt collection. Apparently I have the so called hearing, which I am looking forward to. Funny though it isn't until Dec., which is like two months prior to SOL.

Let me know - I'll be back on later today or tonight again. We can create a new post for Class Action against LVNV and see what it brings out.

Re: Law Firm as CA Help Anyone (LVNV)

Tuscani — Tue, 08 May 2007 11:30:04 GMT

beach123 wrote:
I live in the Twin Cities. I wouldn't know where to begin for the Class Action, but I'm game.

Thanks to this board I found a lawyer in MN on the myfaircredit.com website that I'm hoping can help with my other problem, and perhaps this one. He has 37 years of experience. My hope is that he'll do it on a contingency. I can't give up the dream of a house, I want the security for my kids.

Today I'll file the FTC complaints on all (3) bureaus regarding the LVNV, have you done that yet? That would help of course...we'll wing it together and hopefully raise more awareness for consumers.

I had only filed with the FTC on the latest law firm that continues to attempt collection. Apparently I have the so called hearing, which I am looking forward to. Funny though it isn't until Dec., which is like two months prior to SOL.

Let me know - I'll be back on later today or tonight again. We can create a new post for Class Action against LVNV and see what it brings out.

Good for you! Keep us updated.

PS... I live in the SouthEast Metro.

Message Edited by Tuscani on 05-08-2007 06:30 AM