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Posted: Sun Aug 03, 2008 4:20 pm Subject:

As I said in a earlier post I sent a dv to LVNV, cmrrr. In yesterday's mail I recd a dunning letter from WWR saying basically the same thing as the letter from LVNV and giving me 30 days to respond. I will send a dv, cmrrr. But why the second letter? Does this mean the debt purchased by LVNV from GE has now been sold to WWR...WWR's letter shows LVNV as the original creditor, which they are not.

LVNV still owns the debt, WW&R are just another CA. When a JDB purchases a debt, they legally step into the place of the OC. GEMB is completely out of the picture except they still have the right to report on your CR's for the full 7.5 years from DOFD. When you DV'd Resurgent and added the LVNV et el, etc, that should have ceased collection efforts and if LVNV never responded with validation, then they have violated by sending ot to WW&R. Unfortunately 1 violation just isn't enough to make a case. I would DV WW&R and LVNV directly, enclose a copy of your original DV and copy of the CMRRR showing when and who signed for it. Remind them that moving the debt from one CA to another without providing validation is a violation. Then file with the BBB, SC AG and your states AG, the FTC and finally the ACA. Get your papertrail together and then, when you have a pattern of willful non-compliance and several documented fdcpa and FCRA violations, you should have enough leverage to make them either disappear or be paying you. Remeber this is not a quick process. A BBB complaint may take 6 weeks or so to resolve, AG's may not be quick to respond, etc.

To answer Shazzers question: BBB complaint went nowhere, filed with AG's and waiting to hear back. I'm in no particular hurry but I will file when I have all the pieces to make a slam dunk case.

Guest · Posted: Mon Aug 04, 2008 11:29 am Subject:

A man form WW&R just called and stated they would provide verification, but I said I wanted the validation that I am entitled to under the Fair Debt Act. He said I was making it difficult for myself and that he was willing to make a settlement (one time offer), but if I was demanding validation there would be no going back and WW&R would be demanding the full amount plus 8% interest. He didn't say the 'miranda' right (this is an attempt collect a debt, etc). He just ask me to verify my address. The letter I recd says LVNV is the owner of the debt, but in his call he said GEMB is the owner. I feel the need to vomit.

Posted: Mon Aug 04, 2008 11:36 am Subject:

Did you record? If so hang on to that as it smacks a bit of overshadowing and violated the fdcpa in regards to the "mini-miranda". Not sure where the 8% interest would be coming from though. If it is a CC, it can continue to accrue interest but that sounds like judgement interest rate which would first require....you guessed it....a judgement.

Guest · Posted: Mon Aug 04, 2008 12:44 pm Subject:

WOW!!! I swear that I wrote that origional post!!!! EXACTLY the same thing happened to me in this past week or so. I sent LVNV a DV letter about 6 months ago, they never responded but sure kept calling, leaving messages, rude when i talked to them and reminded them about the DV letter, and they then sent it on to another of their companies to collect. ALL I want is DV! A few days ago, this WW&R place started in on calling here. I tried calling back but after waiting for a few minutes I hung up.
So LVNV must have had a mass mailing to this WW&R. Great!

I am just waiting for the DV!!!!!!

Guest · Posted: Mon Aug 04, 2008 5:01 pm Subject:

they just called and i asked AGAIN for a DV. The man stated that they can not do that. I said that I have talked to the AG office and they should be able to produce some type of validation. He disputed the fact and said that they do not do that. That I will be sued unless I pay this bill right away. I said that according to AG and other resources 'yes they can'. He put me on hold and came back saying to call them in 7 days to see if they have the paperwork I requested. He was NASTY!!!!!!!!!! I just want validation!!!!!!

Guest · Posted: Tue Aug 05, 2008 3:46 pm Subject:

I didn't record because I was at work. I really couldn't speak with the guy...I told him I did dispute and that I would send a dv request.

Guest · Posted: Mon Oct 20, 2008 8:36 pm Subject:

Nascar...
I noticed that your signature advises TX residents to site federal laws & violations along with state laws & violations. While I agree that one should keep up with both in case one decides to file suit... including fed violations along with state violations opens up the opportunity for the JDB/CA to have the case moved to federal courts. It is usually better for the individual to remain in their own county court.

Do you not agree?

Posted: Mon Oct 20, 2008 9:09 pm Subject:

I guess I'm not following you. There's nothing in my signature about violations, only validation per the fdcpa. The TFC gives them a 30 day deadline for providing said validation. Most suits involving debt in TX are being filed in JP courts and district court. If you only request validation under the FDCPA, wouldn't that open up the opportunity for them to move it to a federal court anyway?

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