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Dealing with 2nd CA after LVNV did not validate debt

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jsk300
Regular Contributor

Dealing with 2nd CA after LVNV did not validate debt

I had sent 3 validation requests to LVNV Funding.  First one was in Oct 2007, I sent 2nd request in Nov 2007, then final demand for validation in Jan 2008. At the same time, I disputed with Transunion and Experian and both came back as "verified" (not currently showing on Equifax).  I never received any reply or validation from LVNV.  I have now received a new dunning notice from Capital Management Services indicating that they are now servicing this account for Resurgent Capital (and all of their tentacled entities which includes LVNV).  I am going to ship off another validation request to Capital Mgmt, but my question is would this be considered continued collection activity by LVNV?  Can I sue these cretins for violating the FDCPA and FCRA?
TU 673 EX (720 Credit score) EQ 690 (08/2009)
TU 698 EQ 697 EX ?? (07/2010)
Message 1 of 17
16 REPLIES 16
Junejer
Moderator Emeritus

Re: Dealing with 2nd CA after LVNV did not validate debt

IMVHO, yes, they are still attempting collection activities. Send an ITS.






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Message 2 of 17
Anonymous
Not applicable

Re: Dealing with 2nd CA after LVNV did not validate debt

$1K for each time they reported.
 
Send a DV to the new CA and also file complaints with your stae's AG and the AG where CA#1 resides...
Message 3 of 17
Anonymous
Not applicable

Re: Dealing with 2nd CA after LVNV did not validate debt



jsk300 wrote:
I had sent 3 validation requests to LVNV Funding.  First one was in Oct 2007, I sent 2nd request in Nov 2007, then final demand for validation in Jan 2008. At the same time, I disputed with Transunion and Experian and both came back as "verified" (not currently showing on Equifax).  I never received any reply or validation from LVNV.  I have now received a new dunning notice from Capital Management Services indicating that they are now servicing this account for Resurgent Capital (and all of their tentacled entities which includes LVNV).  I am going to ship off another validation request to Capital Mgmt, but my question is would this be considered continued collection activity by LVNV?  Can I sue these cretins for violating the FDCPA and FCRA?


Remember that after the CA receives the DV letter that they have 30 days in order to answer it. So if you dispute within that time they CAN continue to report!
 
A DV letter is asking for VALIDATION of the debt......they verify thru the CRAs.
 
Send LVNA  an ITS letter....tell them that they have 5 days in order to delete!
 
Capital Mang.   send them a DV  CMRRR   This is not a request...it is a demand for validation.
 
What is the DOFD or DOLA  on this TL???   What is the SOL on it?
 
Do not dispute again YET
 
DV letter to send     make changes where needed......DO NOT SIGN  just type your name!
 
 
CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name          do not sign  just type your name!

 

 

 




Message Edited by HappyDays on 01-21-2008 01:02 PM
Message 4 of 17
Anonymous
Not applicable

Re: Dealing with 2nd CA after LVNV did not validate debt

I'd say watch out with these guys - they NEVER responded to my DV request...the statement I sent the first two CA's worked, no contact again, however, the 3rd CA, I've already done the Summary Judgment hearing, now we have trial in April.
 
THey didn't respond, Lady has helped me out, so I am going after LVNV for reporting & verifying duplicate accounts.
 
AS reported on here long ago - validation is NOT required within 30 days...unless I am mistaken they have forever to do this, and they NEVER validated with me.  My account was PURCHASED and that's going to be the argument in court - I already tried negotiating w/the 3rd CA since they sent me a settlement offer after the hearing - not a peep from them.
 
Here is the new, latest twist - they just "closed" the reporting on TU...EQ is my problem, however last month I got EQ to remove the duplicate account (after 2 years of disputes).  I am in the dark as to "why" LVNV reported the account closed.
 
Don't give up the fight - these guys will ruin your life!
Message 5 of 17
jsk300
Regular Contributor

Re: Dealing with 2nd CA after LVNV did not validate debt

Remember that after the CA receives the DV letter that they have 30 days in order to answer it. So if you dispute within that time they CAN continue to report!
 
A DV letter is asking for VALIDATION of the debt......they verify thru the CRAs.
***I thought the CRA's verified with the OC when disputed with CRA's.  The LVNV TL came back as verified with TU and Experian (not showing up on Equifax).
 
Send LVNA  an ITS letter....tell them that they have 5 days in order to delete!
***Sent ITS letter to LVNV after no reply after 60 days on 1st and 2nd request for validation. After they received my ITS letter (all via CMRRR) I got the new dunning letter from Cap Management indicating that they are now servicing the account for Resurgent, with LVNV showing as the current creditor, and Wells Fargo as Previous creditor.
 
Capital Mang.   send them a DV  CMRRR   This is not a request...it is a demand for validation. 
***Sending DV letter today to Cap Management - I send these out as soon as I get any letters from collection agency.
 
What is the DOFD or DOLA  on this TL???   What is the SOL on it?
***DOLA is 06/2002.  SOL in Illinois is 5 years (at least I believe that's what it is)
 
Do not dispute again YET. 
***Not disupting with CRA's again.  I've already advised TU that LVNV never validated the debt with me and they never complied with my request for MOV.  Waiting for their reply.  I'm holding off on Experian because I just had them investigate another collection account from Midland Credit that they just deleted from my CR.
TU 673 EX (720 Credit score) EQ 690 (08/2009)
TU 698 EQ 697 EX ?? (07/2010)
Message 6 of 17
Anonymous
Not applicable

Re: Dealing with 2nd CA after LVNV did not validate debt

LVNV is horrible.  I actually had to contact an attorney to get their attention.  No problems since thoughSmiley Sad
Message 7 of 17
Anonymous
Not applicable

Re: Dealing with 2nd CA after LVNV did not validate debt

Do you think they'll back off when I file in Small Claims?
 
As for validation in 30 days - please advise where this is stated because I read on myFico forum they can take all the time in the world.
 
Also -Lady - where did you find proof that it's each time reported for a violation?  An Atty I contacted about this a while back stated it is NOT each time, it's ONE time for each violation.  I was thinking I could sue for 12 months worth!
 
Thanks - I hate these guys too, but it's almost over!  I'm hoping they just don't schedule the required mediation ordered by the judge...to me that's not following the order, and I have done nothing since the local CA is the one suing me on behalf of LVNV!
Message 8 of 17
Anonymous
Not applicable

Re: Dealing with 2nd CA after LVNV did not validate debt

I would love to know how you got them to respond (or your lawyer), they don't answer my CMRRR mail (or at least not back in April 2007!
Message 9 of 17
Anonymous
Not applicable

Re: Dealing with 2nd CA after LVNV did not validate debt

Each time they report it is a violation because they haven't validated IMO (and many others).  Reporting is considered 'collection activity' by the FTC (white paper)
Message 10 of 17
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