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Posted: Wed Oct 03, 2007 5:13 pm Subject: LVNV Violations!

I am going through my credit report with a fine toothed comb, making sure everything is reported correctly.

One of the accounts I settled on several years ago was owned by LVNV at the time of settlement. This is still coming out in the negative items section of my credit report, though none of the other settled accounts are showing here. I noted some violations of the FDCA, and I am planning on sending the following letter:

Posted: Wed Oct 03, 2007 5:31 pm Subject:

I think it sounds good to me. It's short, sweet, and to the point. Smile

Posted: Wed Oct 03, 2007 5:40 pm Subject:

Looks good to me:) Send that BABY OUT Twisted Evil

ladybug

Posted: Wed Oct 03, 2007 5:51 pm Subject:

Thanks eleroo and ladybug! I plan on sending this out tomorrow. Part of me can't believe these folks are pulling this junk! What do they have to gain? The account was settled back in 2002. They accepted the settlement. I made my payment as agreed. I mean, though illegal, I could see them doing this if the account was still collectable....trying to get me to pay it to make it go away...but LVNV has nothing to gain by re-aging this settled account! All they would be accomplishing is keeping this thing on my record until 2014, when it is supposed to fall off of my record next year.

Part of me is secretly hoping they do not correct the information, so that I get to sue the pants off of them!

Posted: Wed Oct 03, 2007 6:15 pm Subject:

You might also add that they've violated the FCRA. You can sue for this as well.

Posted: Wed Oct 03, 2007 6:24 pm Subject:

Thanks, LawStudent! I will add that, as well!

Posted: Wed Oct 03, 2007 9:03 pm Subject:

They have a nasty habit of listing them as factoring company accounts (another FCRA violation) check to see if they have done that. The reason they do that is because it hits the consumers FICO score alot harder than a collection account.

Posted: Wed Oct 03, 2007 9:14 pm Subject:

In reading this, I know I really need to pull a credit report and go through it. I have an account in collections with them so I want to make sure they aren't doing the same thing. Thanks for posting this Subi. It's a real reminder that we are dealing with some nasty and unfair characters.

Posted: Thu Oct 04, 2007 4:50 am Subject:

Please don't forget Fcra violations when dealing with these jokers.They can add up quickly with 1K per violation per credit bureau as well as real damages,tort damages,and punitive damages.

Posted: Thu Oct 04, 2007 4:52 am Subject:

I don't know much about collections, but have people actually sued these collection agencies & gotten money from THEM?

Posted: Thu Oct 04, 2007 4:59 am Subject:

collection agencies and attorneys have paid out quite a bit on violations.Google Nco,Arrow,Asset with court case. Wink

Posted: Thu Oct 04, 2007 8:02 am Subject:

eleroo....what I have learned on this site in the last couple of weeks, let me to start digging around in my credit report! I kind of knew my rights, and a little about what CAs and such could and could not do, but was shocked at everything I was reading here....all of the underhanded stuff these CAs were doing. It made me wonder, so I started looking. Sure enough, I found these violations on my own credit report!

I mean, you would expect to find bad stuff about accounts you defaulted on, right?

When I settled most of the accounts I defaulted on after my divorce, I expected that all was good! I didn't think I would ever have to deal with these people again! I did the right thing...I sought out help, contacted the people I owed money to, worked out a deal that was acceptable to both of us, signed the paperwork, made the payments. Now, to find out 5 years after settlement that this company is still trying to punish me? I thought in my mind I made good on the debt!!!! Sure, I settled for an amount less than the balance they said I owed, but LVNV agreed to that amount as well! If they really wanted the whole thing, they could have turned the settlement offer down! They FORGAVE the rest of the debt, I paid my taxes to the IRS on the forgiven portion, etc. Why do they want to try to continue to punish me by reporting inaccurate information on my credit report? What is it gaining them other than pleasure in knowing they are screwing me over?!?!?!?!

Sorry I'm on a soap box at the moment, but I am really that ticked! There are LAWS! These laws are being broken for nothing more than someone else's pleasure to keep us down for making a mistake, going through hard times, coming down ill....whatever our reasons were for defaulting on these debts in the first place!

And the debt in question at this point? Ya'll are going to love this one! This wasn't a debt for clothes, furniture, cars, or anything fun. This was a personal loan I took out so that I could fix the plumbing in our home!! That's right...we were springing new leaks about every month...the main line outside broke twice on our side of the meter, so it became my responsibility to fix AND pay the enormous water bill that came out of it, because it broke while I was at work or we were sleeping, so we didn't realize it for several hours, and by the time I turned the water off at the meter, a few hundred dollars of water already flooded my yard! I then not only had to pay for the repairs, but the high water bill that came with it...I could not have kids in a house with no running water, so this was a priority...a need...not a want! This was while I was trying to do everything on my own right after a divorce from an abusive marriage! So I defaulted because I couldn't pay the bill! I didn't do anything different than anyone else would have done if faced with the same set of circumstances! I didn't intend to not pay the bill. Things just kept breaking. I couldn't move! I would have to sell the house, which I had to fix all of this stuff to do in the first place, and where was I going to find a place to rent for the $400/month my house payment was? I was very literally between a rock and a hard place, but I did what I had to do to make good! Why should I continue to be punished?

Okay, I'll get off my soap box, now. I just had to get that out, as I know so many of you feel the exact same way I do about these CAs!

Posted: Thu Oct 04, 2007 8:13 am Subject:

I think I read somewhere, not sure where, that LVNV is in alot of trouble in Texas, maybe suits-can't remember. I will try to figure out where I saw that and get back to you..Karen

Posted: Thu Oct 04, 2007 8:21 am Subject:

I know it will not help you now but for future reference most water companies will reduce your bill if you can show documentation that proves a busted waterline. If you are on city sewer you can get your sewage bill reduced as well.

Posted: Thu Oct 04, 2007 8:28 am Subject:

I actually tried that at the time. I presented the bills and everything, and was told my income was too high for any kind of help or assistance!! I don't know if things have changed, but you basically had to be a welfare recipient to get any kind of help or reductions! I was just told, "Sorry, the leak was on your side of the meter, so you are responsible for the charges."

Posted: Thu Oct 04, 2007 8:31 am Subject:

Hey Bossy...let me know if you find anything. If there is a class action or something, I'm in!!! Who knows how much extra interest I have had to pay because of these yahoos because of a lower credit score. An OPEN negative account affects a score more than a closed settled account! I am willing to bet that if the reported information is corrected, I could even refinance my car and home for a lower rate, because these folks tend to look more at the age of negative items. As LVNV has been reporting this as a newer item, I'm sure it has been affecting my interest rates!

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