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#17
05-25-2008, 03:31 PM
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Continuing collection activity [in this case, suing] without providing validation when asked is a violation of fdcpa. That right there should be sufficient to get the case thrown out. You'll need to appear in court and make certain the judge knows that they didn't validate. __________________
Wulfisms: my blog The four 'no's of dealing with collectors: No validation? No payment. No way! No kidding!! Tellin' you all the zomby troof Here I'm is, the zomby woof [Frank Zappa, 1988 - R.I.P.] 
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#18
05-25-2008, 03:55 PM
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well the problem is that I didn't send it out CRR i just mailed it normal. So I have no proof I sent it or they even got it. although with their past, maby the judge will side with me.
Also their already asking for a default judgment saying I failed to file an answer and didn't answer the interrogatories which I do have the slip from the post office for that. Plus the attorney is lying on the affidavits giving the wrong addresses plus other things. Another thing I noticed is that he said as of last Friday, the amount I owe to LVNV Funding is $3,214.76. But if i look at 2 of my credit reports, it says I owe $3,321 and $3,317. both updated 5/2008
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#19
05-25-2008, 04:53 PM
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Do you have a copy of the validation letter you sent to LVNV? You'll want to show that to the judge, even if it wasn't sent CM/RRR. You never know, he might just take your side. That would be reasonable under the 'least sophisticated consumer' doctrine. Did you know at the time that you needed to send it CM/RRR? Hell, we get folks on these boards every day who don't realize that! You are not alone. Most people don't even know they have a right to validation.
Another thing that should weigh heavily in your favor is their attorney's saying you didn't answer the interrogatories. If you have the green card from that, you have them cold on that point. A copy of what you sent would also be helpful here. On your credit reports and the amount the attorney says you owe... You have them dead to rights on at lest one FCRA violation. Possibly two, depending on what the actual total is. Somebody will pop up and correct me if I'm wrong, but if memory serves, those are worth $2,500 each in statutory damages. Though you may have to bring a separate action for them at this point. __________________
Wulfisms: my blog The four 'no's of dealing with collectors: No validation? No payment. No way! No kidding!! Tellin' you all the zomby troof Here I'm is, the zomby woof [Frank Zappa, 1988 - R.I.P.]
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#20
05-26-2008, 05:23 AM
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Heres the thing with the interrogatories. I used the envelope provided to by by the attorney. I think they where trying to be sneaky from the beginning. Because of the type of envelope,I couldn't send it CM/RRR. So what I did was I had to buy a bigger envelope just so I could send it for delivery confirmation. They got it 3 days after I sent it and I even got the print out of the tracking from the USPS website.
As far as my credit reports go, II also noticed that the attorney swore that the interest was from 10/16/07 to 05/16/08 for a total of $3,214.76 but in a letter he sent me in March 31st, it says at this time I owe $3,243.71. Hope your still with me, this is the kicker: On the papers requesting a default judgment, dated May 16th,it says Current Balance:$3,243.71. it was that total over a month ago. BUT!!!!!!!! if I go to the 4th page it has how they calculated interest from 10/16/07-5/16/08 and a grand total of $3,214.76 $28.95 less than what they put on the previous page saying I owed. Anyone see anything wrong with that? I wonder what the judge will think.
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#21
05-26-2008, 09:10 AM
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Quote:
Quote:
And, BTW... You aren't the only one who wonders what the judge will think. Keep us posted, OK? __________________
Wulfisms: my blog The four 'no's of dealing with collectors: No validation? No payment. No way! No kidding!! Tellin' you all the zomby troof Here I'm is, the zomby woof [Frank Zappa, 1988 - R.I.P.]
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#22
05-26-2008, 03:44 PM
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I found something else out today. The attorney also owns another company called HEMLOCK GORGE HOLDINGS, LTD. and it is at the same address as the attorneys office. That is his internal collections company and they deal in Investments, Purchase and collection of accounts. All the same guys appointed as President, director and secretary at the law firm are the same as HEMLOCK GORGE HOLDINGS, LTD. They even have the same registered agent.
Now I am really starting to think the attorney knows nothing and either signed the affidavits or they where forged.
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#23
05-27-2008, 06:19 AM
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UPDATE!
I just got off the phone with the attorneys office. I told them I requested validation in writing and I included the C&D in the DV letter. They put on my account that it was for in writing too. I told them it was only for phone calls.
The attorney who signed ALL of the papers is NOT the attorney dealing with the case. So they wouldn't even let me speak to the President of the company who filed all the papers. Is that legal?
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#24
05-27-2008, 05:57 PM
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LVNV Showed up on my Credit report
The account was with NCO in Jan 08 they could not Validate ..So they sold it to Global Vantage who could not Validate .. who gave it to Mer/Brachfield and Associates who have not Validated ...I check my credit report every month this was not on my report till this month. They have reported me disputing They opened the file in Feb 08... I did not hear from Global till March... I assumed it was still with NCO but they moved it out quick...
It does say LVNV.. The also show a big red charge off for May .... So as it was with them through all their alias .. Can they do this and put a big red charge off on this month as I have not received any reply from any of their alias ...Thanks
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#25
05-28-2008, 09:37 AM
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I really hate these people. What needs to be done is to get all the people like us who have been harrassed and had our credit destroyed file a class action law suit against them and make the Credit Reporting Agencies follow-up on these known offenders and help us out a bit.
__________________
Terrell SAHM and Scrapbook Kit Designer
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#26
05-29-2008, 07:54 AM
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How do you find out if a collection agency is licensed in your state? Is there a list or a specific website that will tell you where they are licensed?
__________________
Terrell SAHM and Scrapbook Kit Designer
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#28
05-29-2008, 09:19 AM
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Uncle Wulf, it's actually $1,000 per violation or 1% of the company's net worth (which ever is lesser)
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#29
05-29-2008, 09:19 AM
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I am now in TN we moved here in November of last year.
__________________
Terrell SAHM and Scrapbook Kit Designer
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#30
05-29-2008, 09:21 AM
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IMHO I think it should be whichever is greater. So if it was a company that was worth $1,000,000,000 you could sue them for $10,000,000. It might be abusive but it sure would give them incentive to stay within the legal guidelines.
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#31
05-29-2008, 09:40 AM
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LVNV Funding
I too am dealing with this company, however they have an attorney in my state (georgia) sending me correspondce. I answered there summons asking for validation - they sent me a settlement offer 3 days after they received my letter, then 5 days later they send me a letter "verified" the debt is true with a signed affivadit. I sent them another letter stating verification was not validation and in the meantime I receive a interragatory asking me a bunch of questions. I am going to answer there questions, however I am curious as to whether "verification" is the same as validation and if this were to end up in court can I request that produce hard copies proofing that own this account. They have already listed this on my credit report as a factoring account, however the balance keeps changing. Please help. Thanks.
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#32
05-29-2008, 10:23 AM
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Lindy, I am also dealing with LVNV who has turned the account over to an Collection Attorney in South Ga.
I have turned this over to my Attorney who just last week sent a dispute letter and request for validation. In the first part of your post, you mentioned that the Attorney has been sending correspondence. You also mentioned answering their summons. Have you been legally served with a civil summons? If you have not been legally served, you are under no legal obligation to answer their interrogatories. Verification that a debt is true is not the equivalent of validating a debt by providing sufficient documentation to prove you owe the debt. Yes, you can ask for full validation (proof that you owe the debt) during the discovery process.
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