Dealing with LVNV Funding, please help

[Anonymous]

So It looks like LVNV purchased some chase debt (and wamu debt) that I would like to get rid of. This debt is from 2007

I heard that they are a pain to deal with so I would like some assistance. I have never received a dunning notice at any address from them so I dont know if I should send a DV or just call and offer $x agreeint to delete. The only reason I know this is because I saw it on my credit report. What are my steps to get this removed? 

Please help

[RobertEG]

First, reporting to a CRA is an action that triggered their requirement to send dunning notice.  So they are in violation of dunning notice requirement if you did not receive one within 5 days of their reporting.  A side issue, as that wont get you any CR deletion, but something to keep in mind.......

Lack of dunning notice means any DV you send will be timely, and thus invoke an automatic cease collection bar on the debt collector until such time as they provide debt verification. 

Whether to send a DV is dependent upon what you wish to do at this point.  If primary concern is the legitimacy of the debt, the debt collector's ability to obtain verification from the creditor, to obtain the identity of the OC, or to get an itemized statement of the debt before you proceed, then a DV would probably be your choice.

However, sending a DV will place the debt collector under an automatic cease collection bar, thus precluding them from any negotiations with you until such time as they provide debt verification.  If attempting prompt CR deletion is your primary objective, a DV will put you in limbo pending a response to your DV.  Since failure to provide debt verification is not grounds for CR deletion, you may just sit.

[Anonymous]

My concern/objective in a tentative order is:

1) To prevent any legal action (the debt now that the old WaMu and Chase debt is combined, is somewhere in the $3xxxx)

2) Remove the debt from the CR as a whole ( I will deal with the legacy Chase / WaMu CR later (worst case scenario they will age off in a couple years)

3) Negotiate the PIF to a less than total balance 

4) Validate my debt (while I am not confident the debt is mine, I know I have outstanding debt)

I realize that I can't have my cake and eat it too, but from what I have been able to piece together on here, this CA is less than pleasant to deal with not only in the sense of negotiating a settlement amount but also removing derogatory marks and just plain responding to any sort communication.

Any advice with such matter, and specific advice with dealing with LVNV 

I also believe this debt is from as far back as 2007 so I dnt know its worth waiting it out

[mompreneur1]

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@Anonymous wrote:

My concern/objective in a tentative order is:

1) To prevent any legal action (the debt now that the old WaMu and Chase debt is combined, is somewhere in the $3xxxx)

2) Remove the debt from the CR as a whole ( I will deal with the legacy Chase / WaMu CR later (worst case scenario they will age off in a couple years)

3) Negotiate the PIF to a less than total balance 

4) Validate my debt (while I am not confident the debt is mine, I know I have outstanding debt)

I realize that I can't have my cake and eat it too, but from what I have been able to piece together on here, this CA is less than pleasant to deal with not only in the sense of negotiating a settlement amount but also removing derogatory marks and just plain responding to any sort communication.

Any advice with such matter, and specific advice with dealing with LVNV 

I also believe this debt is from as far back as 2007 so I dnt know its worth waiting it out

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From my experience with LVNV this is very true. Like you, I also never received a dunning notice regarding an old WF account LVNV  purchased and began reporting. Because I just wanted the CA gone from my CR, I sent PFD letters and never received a response. After some digging, I went ahead and filed a BBB complaint based on never receiving a dunning notice. Within 2 weeks, I received the results from BBB indicating LVNV will be deleting the tradeline from all 3 CRAs.

My advice to you is to do the same and file a BBB complaint.

[Anonymous]

What state did you file the BBB complaint in?

What language did you have in the complaint. 

Thanks for your response in advance?

[RobertEG]

You can also file a complaint with the FTC, who has the actual responsibility for enforcement of the FDCPA.  While the FTC does not take legal action on individual consumer complaints, they will at least send a letter of inquiry to the debt collector.

But regardless of what the FTC does or does not do, you can forward a cc: of the complaint to the debt collector, making them aware that you are pursuing their FDCPA violation through the party that has the authority to take action against them.

I would take both the BBB and FTC complaint route.  Maybe it will get their attention.......

[rckstrscott]

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@Anonymous wrote:

What state did you file the BBB complaint in?

What language did you have in the complaint. 

Thanks for your response in advance?

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I had success removing one of these accounts from LVNV using the BBB -- I threw in an FTC compaint for good measure.

It took 19 days start to finish. In the verbiage of the letter, just state what your complaints are.. the fact you recieved no dunning and the fact the address they list on credit reports is incorrect (it is, I sent a DV to it and it was returned) so you weren't able to send a DV. I am sure the BBB is quite familar with LVNV/Resurgent -- Actually, Resurgent has a decent rating, probably because they do respond to these complaints..

File it with the South Carolina BBB.. it will more than likely come off. Remeber, for everyone of us who are informed, 100 are getting taken to the cleaners so they will often fold to those who have knowledge.. not always tho.

-scott

[Anonymous]

I dealth with LVNV last month.  I filed a BBB complaint (South Carolina BBB) against Resurgent/LVNV and requested that they remove the tradeline from all three bureaus as well as send me a letter stating that the account would not be sold and that my information would be deleted.  Within 3 weeks, the tradelines were gone and the letter was sent via email to the BBB for me to download.

Like you, they never sent a dunning notice and just added an account to my report.

[Familywantsahouse]

I'm 2 for 2 on the "no dunning notice' BBB and AG complaint = tradeline deleted.

I initially sent PFD's to EVERY collection account on my husband's report. I just wanted them gone. Those who accepted, I paid and were deleted. The ones that remained, I was SURE 2 had not notified us and the correct address is on the report. (and they were the most recent and I have been watching his credit like a hawk so I darn well knew no dunning)

I made my complaint and was specific to the fact I was never notified before they reported (or after), never had a chance to validate, could they please provide me a copy of such notice and a date it was sent and voila...both were deleted.

All of his debts were old, old old...one 2009, and the rest were 06-early 08. I think that helped with the fact most took 25% on my PFD offer. I'd suspect more recent debts would be so agreeable to a smaller settlement offer. The one debt from 2009 wouldn't take less than 60%.

Best of luck!

[wmcodywilson]

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@Familywantsahouse wrote:

I'm 2 for 2 on the "no dunning notice' BBB and AG complaint = tradeline deleted.

I initially sent PFD's to EVERY collection account on my husband's report. I just wanted them gone. Those who accepted, I paid and were deleted. The ones that remained, I was SURE 2 had not notified us and the correct address is on the report. (and they were the most recent and I have been watching his credit like a hawk so I darn well knew no dunning)

I made my complaint and was specific to the fact I was never notified before they reported (or after), never had a chance to validate, could they please provide me a copy of such notice and a date it was sent and voila...both were deleted.

All of his debts were old, old old...one 2009, and the rest were 06-early 08. I think that helped with the fact most took 25% on my PFD offer. I'd suspect more recent debts would be so agreeable to a smaller settlement offer. The one debt from 2009 wouldn't take less than 60%.

Best of luck!

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This is good to know. I still have 2 baddies left and I cant afford to PFD. 

The LVNV thing is also good to know since Im dealing with them now. I keep asking for DV but nothing so far. Ill go ahead and try the complaint with BBB and update that progress.