Internet's first get-out-of-debt community - 122,000 members

Guest · Posted: Thu Jul 31, 2008 5:38 pm Subject: LVNV Funding....new question

I sent LVNV a DV letter cmrrr...8/6/08 is the date validation is due back to me.

Today on my home answering machine a message was left from Weltman, Wineberg & Reis (sp) asking me to contact them. In doing a search on this forum, I've learned they are attornerys and/or a collection agency.

My question is...are they acting on behalf of LVNV in an attempt to collect a debt or does this mean LVNV has sold the debt to WW&R?

Any idea anyone? I knew this time was coming and was preparing myself for contact from LVNV, but this is a new fly in the oinment that I am unprepared for and I'm not sure what to do. Thanks. btw, I'm in NC

Guest · Posted: Thu Jul 31, 2008 5:43 pm Subject:

Sorry....I have a second question too. Since they contacted me today leaving a message on my answering machine, is this considered first contact and that I should receive a debt collection letter from them in about 5 days? Thanks

Posted: Thu Jul 31, 2008 9:54 pm Subject:

Welcome to the community, LVNV usually farms it's accounts out to other collection agencies. WW&R is commonly employed by them for legal measures or simply as a scare tactic.

Also since LVNV is a debt buyer they often have nothing more on the original account than a spread sheet and probably won't be able to produce any sort of validation.

Posted: Thu Jul 31, 2008 9:54 pm Subject:

As to your second question, they have not really established contact with you as they were not able to speak to you directly.

Posted: Fri Aug 01, 2008 2:52 am Subject:

I sent LVNV a DV letter cmrrr...8/6/08 is the date validation is due back to me

Did you DV based on your discovering their tradeline on you credit report? Have you received anything from them previously? They do not have a time limit to provide validation. You have a 30 day window to respond to a dunning letter and if your DV is timely, all collection efforts must cease but they do not have to respond.

Guest · Posted: Fri Aug 01, 2008 3:59 am Subject:

Yes...it was GE Capital and last payment was either 10/07 or 11/07....I tried to work with them, but they refused and when I tried to explain they hung up on me. They charged off the acct and then I recd phone calls from LVNV and a dunning letter. They gave me 3 different amts due so I sent the DV letter. I guess I have to call WW&R to see if they are retained by LVNV or if WW&R is the CA...I don't know what to expect and I am looking for advice.
I didn't know LVNV did not have to contact me back regarding the DV letter.

Posted: Fri Aug 01, 2008 4:56 am Subject:

If you sent your DV w/in the first 30 days of receiving the initial dunning letter from LVNV(sure it wasn't Resurgent Capital, the CA for LVNV?) then all collection efforsts must cease until validation is provided. LVNV however, has many different CA's they use to collect for them. Their procedure is to send it to one, if that CA is DV'd, they send it to another and so on and so on. If you actually sent your DV to LVNV, and it was timely, then by sending it from CA to CA w/out first providing validation, then that is a violation and actionable by the consumer. If your DV was un-timely, then collection efforts do not have to cease and they never have to respond to your DV. Timely or untimely, they never have a time limit to respond. The factor that works to the advantage of the consumer is timely DV'ing all dunnings w/in the first 30 days to halt collection efforts.

Posted: Fri Aug 01, 2008 6:57 am Subject:

There are some states that do require a response within a time frame, I know that Texas has a required 45 day response time.

Posted: Fri Aug 01, 2008 7:08 am Subject:

The 45 pertains to the CRA's. For CA's and JDB's Texas has a 30 day response time under Chap 392 of the TFC but you have to invoke that right in your DV. Even then, it doesn't really give you that much:

Quote:

(b) Not later than the 30th day after the date a notice of
inaccuracy is received, a third-party debt collector who initiates
an investigation shall send a written statement to the individual:
(1) denying the inaccuracy;
(2) admitting the inaccuracy; or
(3) stating that the third-party debt collector has
not had sufficient time to complete an investigation of the
inaccuracy.
(c) If the third-party debt collector admits that the item
is inaccurate under Subsection (b), the third-party debt collector
shall:
(1) not later than the fifth business day after the
date of the admission, correct the item in the relevant file; and
(2) immediately cease collection efforts related to
the portion of the debt that was found to be inaccurate and on
correction of the item send, to each person who has previously
received a report from the third-party debt collector containing
the inaccurate information, notice of the inaccuracy and a copy of
an accurate report.
(d) If the third-party debt collector states that there has
not been sufficient time to complete an investigation, the
third-party debt collector shall immediately:
(1) change the item in the relevant file as requested
by the individual;
(2) send to each person who previously received the
report containing the information a notice that is equivalent to a
notice under Subsection (c) and a copy of the changed report; and
(3) cease collection efforts.
(e) On completion by the third-party debt collector of the
investigation, the third-party debt collector shall inform the
individual of the determination of whether the item is accurate or
inaccurate. If the third-party debt collector determines that the
information was accurate, the third-party debt collector may again
report that information and resume collection efforts.

Posted: Fri Aug 01, 2008 7:15 am Subject:

Thanks for the clarification Nascardevil.

Posted: Fri Aug 01, 2008 7:18 am Subject:

I've been going round and round with LVNV for the last 10 months. They considered my limited C&D a full cease comm so will not respond to me.

Posted: Fri Aug 01, 2008 8:27 am Subject:

I have been dealing with them for over 2 years! They pass it around among their many agencies when you DV them. I would not try to call WW&R and talk with them, you won't get anywhere but frustrated. They are part of LVNV, and just as nasty.

What I have done is, when I sent the original DV letter, no response, I sent a copy of it and a follow up letter stating I was still waiting. I heard nothing for several months, then they passed it to another of their companies. I then sent them a DV letter, along with a copy of the first one, explaining it has not been validated, an have kept this up.

I also sent a letter to one of them detaling the many violations they have broken, such as trying to contact me, giving my info to another company to contact me for a loan, threats, etc.

They are also well know for sending false affidavits, with Allison Moon or some other name, so be careful.

I am a firm believer that you need to pay what you owe, but this company goes after people who never had accounts, don't have the right person, etc..Good Luck..karen

Guest · Posted: Fri Aug 01, 2008 9:26 am Subject:

"sure it wasn't Resurgent Capital, the CA for LVNV"

It was Resurgent Capital collecting for LVNV...my dv letter was addressed to all names shown on the dunning letter with an 'etal'. My dv was timely and I have the initialed green card.

I'll have to look at the back of the dunning letter to see if WW&R is listed as a subsidiary or affiliate company.

I just don't have what it takes (balls?) to call WW&R today. I have a mom in a nursing home who is not doing well, I'm working a full time & part time job to catch up on bills AND be able to eat
(there was a time I had to decide between gas for the car and food for me..its a helluva way to lose those excess lbs but I'm sure some of you know that). I'm just not up to being browbeaten by some smartass who hasn't 'walked a mile in my shoes' today.

I sincerely appreciate everyone's help and response.....without you guys I would have no one to discuss this with.

Posted: Fri Aug 01, 2008 9:51 am Subject:

Guest, you don't have to take any abuse from a CA. In fact abusive language is prohibited by the FDCPA. What I do when a CA becomes belligerent with me is I first give them a verbal warning, something to the effect of "listen, I'm trying to be civil and professional here, and as a professional I expect you to do the same" if the keep up I'll tell them that I won't tolerate that type of language, and when they feel they can talk to me like they have some commonsense call me back, then I hang up.

If they call back with the same type of attitude I'll report them to my state attorney general's office and the FTC. Also let them know that you can file civil suit and they (the agent, or the company) can be named as the defendant. If they say they didn't know they couldn't do that, I just tell them that ignorance cannot be used as an affirmative defense in court.

Guest · Posted: Sun Aug 03, 2008 5:47 am 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.

*Name:
*Email:
*Phone:
*Zip:
Debt

	* denotes required field

Internet's first get-out-of-debt community - 122,000 members

LVNV Funding....new question

Members Area

Free Debt Counseling

Ask the community

Featured Discussions

Featured Articles

Question of the Month

Useful Links

Recent Forum Discussions

Recent Blog Post