NEED HELP WITH LVNV LLC

[Anonymous]

Hello everyone this is my first time posting on myFICO so if this is on the wrong page I apologize. Here it goes....

LVNV LLC is reporting on my credit report for an old debt I had with Mervyns before they went bankrupt. I have sent DVs to the CRA 's and they have verified the account as being legitimate with LVNV. The problem I am having is that when I called Resurgent/LVNV to try and settle they said they no longer have my debt Northland Group has it now. However Northland group used to be on my credit report but when I disputed it they deleted it. **bleep**

My questions is this, I just want to settle the account and pay it, but I don't know who to pay since I have sent settlement offers to both LVNV and Northland and neither have responded. **bleep** How do I handle this? Please help!

[RobertEG]

If debt collector 1 has informed you that they no longer own the debt, then they of course cannot accept payment.

If debt collector 2 previously deleted their prior reporting as a result of a dispute, then any reinsertion of their collection would have to follow the reinsertion provisions of FCRA 611(a)(5)(B).  Perhaps debt collector 2 does not want to or cannot provide the required certification to have it reinserted, so is simply not reporting.

However, that does not preclude them from conducting collection activities on the debt.

Apparently, debt collector 2 has not yet contacted you, so does not as of yet have a requirement to provide dunning notice.

However, it is not necessary for you to have first received dunning notice in order to send them a DV.  By sending them a DV, you will both require debt verification from them, AND impose an automatic cease collection bar on them.  That would preclude their reporting to the CRAs until such time as they have provided debt verification.

However, if your goal is to simply pay the debt, then sending a DV might not be the best option.  Once you send the DV, they cannot negotiate with you until they provide verification of the debt.

What is your primary goal?  Credit report exclusion, or paying the debt?  While you can of course have both goals, your tactics for addressing each are different.

[llecs]

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@Anonymous wrote:

Hello everyone this is my first time posting on myFICO so if this is on the wrong page I apologize. Here it goes....

LVNV LLC is reporting on my credit report for an old debt I had with Mervyns before they went bankrupt. I have sent DVs to the CRA 's and they have verified the account as being legitimate with LVNV. The problem I am having is that when I called Resurgent/LVNV to try and settle they said they no longer have my debt Northland Group has it now. However Northland group used to be on my credit report but when I disputed it they deleted it. **bleep**

My questions is this, I just want to settle the account and pay it, but I don't know who to pay since I have sent settlement offers to both LVNV and Northland and neither have responded. **bleep** How do I handle this? Please help!

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Welcome to the forums!

I'd suggest reading the following:

Common Abbreviations

Credit Scoring 101 - great for knowing what is in your credit score and to see how your score is impacted.

What Steps Do I Take - great for learning the repair process.

and Example letters - PFDs, GWs, DVs, etc.

You're posting in the right spot!

DV letters only go to CAs (like LVNV). They don't go to CRAs. DV letters are allowed by the FDCPA which covers CAs only.

Don't aim for a settlement. Aim for a PFD. Any PFD would go to the one reporting the debt, which I guess would be LVNV based on your post. Always mail a DV to the CA before sending them a PFD.

[RobertEG]

If you want to send a PFD, then you would not "always send a DV."

If you DV, you must wait until they verify before beginning the PFD process.  You cant impose a cease collection activity bar on them, and then request they conduct collection activities by negotiating terms with you.  It puts them in a situation of violating FDCPA 809(b).