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Guest · Posted: Mon Jun 23, 2008 6:22 pm Subject: LVNV Validation Joke

I get a collection letter from Resurgent Capital..one of LVNV's entities. I send them a DV letter. They send me what they consider validation....something printed on their letterhead that says "We are collecting for Washington Mutual, the amount is $XXXX and there may have been interest added to make it $xxxx.

Can u believe this!!! Laughing

Guest · Posted: Mon Jun 23, 2008 6:43 pm Subject:

good luck with them, they put me threw hell and I never got validation. They did get a judgment though, pieces of $H!T.

original poster · Posted: Mon Jun 23, 2008 7:00 pm Subject:

Guest, are you serious? I am sorry to hear that. Just wondering, how did they get the judgement without validation?

Posted: Tue Jun 24, 2008 5:03 am Subject: reply

OP unfortunately,yours and guests experiences are the rule not the exception.re-send your validation letter stating that is not validation.

Guest · Posted: Tue Jun 24, 2008 5:25 am Subject:

Well I dealt with them last year and then they passed it to an attorney in my state, at the time I was in the hospital. LVNV Funding is unlicensed in my state and was still able to win. I called all the branches of my state and because there are not enough complaints, they won't help or do anything.

Keep on your toes and send everything you can and make sure you document everything. If they pass it to an attorney, DV them too. It will be a tough fight but if they don't have any documentation, then they will just keep passing it around hoping you slip up and fail to answer within 30 days.

If they did have validation, they would respond immediately and then sue.

hope everything works out for you.

Posted: Tue Jun 24, 2008 7:41 am Subject:

I would send them another letter stating that is in no way validation.

Posted: Tue Jun 24, 2008 7:53 am Subject:

Correct me if I'm wrong; however, if they sue after validation is requested, without validating the debt of even responding to your request, that is a violation of the FDCPA. Once validation is requested, they must suspend all collection attempts until they validate.

A lawsuit is considered collection activity.

And as PaulMergel stated and from what I have read, LVNV has a terrible track record with adhering to the FDCPA.

Posted: Tue Jun 24, 2008 8:11 am Subject:

Yep if you sent validation prior to receiving a summons the suit would be considered collection activity. You would need proof of delivery which is why we advocate sending everything certified return receipt mail.

original poster · Posted: Tue Jun 24, 2008 9:54 am Subject:

Thanks for the help everyone.they are getting a follow up letter from me today CMRR. I laughed when i opened it and couldnt believe it. Mad

Posted: Tue Jun 24, 2008 10:20 am Subject: reply

sounds good OP,keep us posted.we are here to help. Very Happy

lindy48 · Posted: Fri Jun 27, 2008 12:26 pm Subject: LVNV FUNDING

I too am dealing with them. They have a lawyer in my state (GA) representing them. They sent me a "verification" with name of creditor, amt owed, date of last payment" - I sent them back a letter requesting validation again and I stated "your verification leaves a lot to be desired and in no way resembles validation of this debt". Then they sent me admissions, documents request, etc. asking me to admit to all kinds of questions and provide them with documents. I replied back to which some of my answers were "defendant does not admit, etc". Of course the lawyers sends me another reply stating I did not properly answer his questions and I have seven days to reply or he will compel the judge to make me pay attorney fees. Why should I provide him with documents or answers, that if he has a case against me, he should have? correct.

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