LVNV sent dunning letter after DV

[seruby]

Seems like everyone here just loves LVNV     

I noticed a TL for LVNV on my CR from October, but never received a letter from them regarding the account.  It has a Date Open of 3-13, so they've probably been reporting it since then.  I sent them a DV letter on Nov 9: In the letter it states: "Your company is reporting a collection account on my credit report.  I do not have an account with you....I request validation of this debt, and request your office provide me with evidence that I have a legal obligation to this debt..."

I sent it CMRRR and they received it on the 12th.  Today, I received a letter (appears to be a dunning letter) from them that was dated Nov 19th.  The letter reads:

"Resurgent Captial Services LP manages the above referenced account for LVNV Funding LLC and has initiated a review of the inquiry we recently received.

Should you desire to pay off the amount in full, you should contact us to determine the payoff balance..." 

At the bottom is the required verbiage, "Unless you notify us within 30 days after receiving this notice that you dispute the validity of this debt...."

Do I have to send them another letter?  Wasn't my first letter a dispute and verification request?  And if Resurgent is managing, shouldn't the TL say Resurgent and not LVNV, even though they are the parent/child company?

[starry1]

Just to be safe I would reply with another DV within the 30-day window.  

[guiness56]

They are actually the same company.  LVNV/Resurgent/Sherman all owned by the same company.

They may not have taken your DV as timely. 

They do not have to provide you with any evidence that you are legally obligated to pay the debt.  Just who is currently collecting, the amount and name and address of the OC if you ask for it.

[seruby]

How can they say my letter wasn't timely, when they didn't send a letter until after I sent mine?   Guess I'll just re-send the letter I sent.

[guiness56]

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@seruby wrote:

How can they say my letter wasn't timely, when they didn't send a letter until after I sent mine?   Guess I'll just re-send the letter I sent.

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Only because they have had it since 3/13.  They could say they already sent a dunning notice months ago.

Just send it again and see what happens.

[RobertEG]

I would send a new letter, but would not call it a new DV.  I would not raise any issue on their part regarding the date of their cease collection bar by calling it a new DV.

You have filed a timely DV, and thus I would simply remind them that their communication dated after receipt of your DV, which included a barred collection activity by requesting you contact them in regard to payment of the debt, would, if they had knowldege of your tmely DV, be a violation of FDCPA 809(b), and that any such further communication wiill result in a formal complaint to the CFPB. 

I would, in view of the close dates, not pursue a violation of their cease collection bar.

Dunning notice itself after reporting is not a violation other than the issue of it not having been sent within 5 days after reporting their collection.

You could pursue a complaint to the CFPB related to the timeliness of their dunning notice, but that is a side issue.

Personally, I would let it be, as you now have the notice.