|
#1
05-24-2008, 03:32 AM
|
|||
|
|||
LVNV Funding Questions
LVNV Funding was not formed until the day of April 13th,
2005 in the state of Delaware. They put on my 3 credit reports that they opened an account with me on 5/2005. Not one month from the date they opened their business. The problem is that they have a South Carolina address listed on my credit report. They didn't open in SC until September 12th, 2006. Another problem I see is in my state, they owned the account in 05/2005 not even a month after they opened up shop. They did not register with my state as a foreign entity until September 15th, 2006 at 5:32pm. They are still not registered as a debt collector in my state. So, am I the only one who thinks that they conducted an illegal business in my state by contacting me before 09/2006? What about now if they keep contacting me? Is that still illegal, One because they owned the debt and contacted me before they where registered in my state and TWO because they fail to get a debt collectors license. 
|
|
#3
05-24-2008, 11:24 AM
|
||||
|
||||
|
I'm not as experienced with CA issues as many others on this site, and (unfortunately for you at this point), it's a beautiful day across most of our country, a holiday weekend, and most people are outside instead of on the computer!
Hopefully someone with more experience will be along this evening, if you can just hang tight until then! (I'm only in front of the computer right now because I just finished mowing the grass and my allergies are kicking my butt! :lol: ) __________________
A journey of a thousand miles begins with a single step...and becoming debt free is a journey!
|
cancer sucks.
|
#5
05-24-2008, 11:53 AM
|
||||
|
||||
|
This company is a beast by many names.
LVNV Funding, LLC, DBA/ Resurgent Capital Services, LP Dba/ Alegis Group, LLC Aka/ Sherman Financial Group, LLC aka/Pinnacle Financial Group Fka/ Sherman Acquisitions Aka/FNBM, LLC Aka/Ascent Card Services Aka/Ventus Capital Services Aka/Performance Recovery Group Aka/Receivables Management Solutions? SUE ARGENTIERI IS A LIAR! DOCUMENT SIGNOR LIES ON AFFIDAVITS, COMMITS PERJURY? (SEE BELOW) Addresses: Bank of America Building 200 Meeting St., Suite #206 Charleston, SC 29401-3187 15 South Main Street, #600 Greenville, SC 29601 (Caution: Phone numbers are disconnected on a regular basis) Phone: 888-665-0374-864-678-8421 877-264-5884 Fax: 888-546-7697- 864-370-4998 (Phones ring at Resurgent Capital, Greenville, SC) __________________
Cajunbulldog Keeping an eye out for consumers. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 http://www.ftc.gov/os/statutes/fcrajump.shtm http://www.debtconsolidationcare.com.../about216.html Use this letter to protect your rights under the FDCPA myfairdebt.com & myfaircredit.com-Good source of case law in forums.
|
|
#6
05-24-2008, 04:59 PM
|
|||
|
|||
|
Oh I know all too well about LVNV. I am in the process of getting a involuntary dismissal against them for:
Lying about not getting interrogatories and asking for a default judgment, I have the slip when the attorney got them. Not being licensed to collect debt. Owning the account and trying to collect on it before they where a registered corporation in my state started at 2005 and didn't register till 9/2006. Lying on my credit report about the south Carolina address and an open account in 2005 when they weren't in business in SC until 9/2006 Listing it's principle address with the secretary of state as being Las Vegas NV when in fact their principle address is in Delaware. I think I have a few more reasons written down but can't think of them right now. Would that get it thrown out you think?
|
|
#7
05-24-2008, 05:02 PM
|
||||
|
||||
|
You sound like you have some things the current judge needs to know about & possible violations pertaining to their conduct.
__________________
Cajunbulldog Keeping an eye out for consumers. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 http://www.ftc.gov/os/statutes/fcrajump.shtm http://www.debtconsolidationcare.com.../about216.html Use this letter to protect your rights under the FDCPA myfairdebt.com & myfaircredit.com-Good source of case law in forums.
|
|
#8
05-24-2008, 05:26 PM
|
|||
|
|||
|
I might have an attorney threw free legal aid, ill call on Tuesday. If not I will do my best at typing up a letter and going to the court house with it and hopefully talk to the judge or someone at least before they get a default.
LVNV's attorney has about 50 debt collectors in his office, and 6 attorneys, so I think someone messed up or they are lying.
|
|
#9
05-25-2008, 06:58 AM
|
|||
|
|||
|
The other thing I am going to do is call the attorney on Tuesday. I am going to tell them I am recording the call and ask for the attorney on my case.
The president of the law firm signed all the papers including the initial lawsuit. Last time I called he is not the one working on the case, I was given a different attorneys name. If the president of the company signed all the papers and is not in charge of the case, would that be against the law if I have it on tape? I think his signature was forged to be honest and he never even seen the case. He is never at the office when I call. BTW, all his signatures on the papers is just the letter K scribbled. On the debt collection letters I got in the past, it is an actual signature and the K doesn't even come close to his writing.
|
|
#10
05-25-2008, 07:07 AM
|
||||
|
||||
|
If you live in South Carolina, you do not need to tell them you're recording the call. So dont.
__________________
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.]
|
|
#11
05-25-2008, 07:14 AM
|
|||
|
|||
|
No I am in Massachusetts. Is it illegal for the attorney to file an affidavit saying he is the attorney on the case when he isn't involved at all?
|
|
#12
05-25-2008, 07:21 AM
|
||||
|
||||
|
In Massachussetts, you'll need to notify the other party before you record, and give them the opportunity to opt out. As for the attorney issue, I'd think it would be irregular at the very least. Illegal or not would be up to your state's rules of civil procedure.
__________________
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.]
|
|
#13
05-25-2008, 09:07 AM
|
|||
|
|||
|
Well I think I found my answer. It is up to me to get it on tape and catch them in a lie.
RULE 11. APPEARANCES AND PLEADINGS (a) Signing. Every pleading of a party represented by an attorney shall be signed in his individual name by at least one attorney who is admitted to practice in this Commonwealth. The address of each attorney and his telephone number shall be stated. A party who is not represented by an attorney shall sign his pleadings and state his address and telephone number. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney to a pleading constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is a good ground to support it; and that it is not interposed for delay. If a pleading is not signed, or is signed with intent to defeat the purpose of this Rule, it may be stricken and the action may proceed as though the pleading had not been filed. For a wilful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted.
|
|
#14
05-25-2008, 11:59 AM
|
|||
|
|||
|
Another thing I noticed is that on the complaint, It is listed that LVNV Funding does it's usual place of business at
15 south main st. suite 500 Greenville, North Carolina 29601 I find it funny, because LVNV Funding is not in North Carolina and the attorney signed the affidavit that they are. They are in South Carolina but as a foreign entity. Also as I stated before, their business is incorporated under Delaware, not South Carolina and not Nevada...... Could that be a technicality as far as SC and NC to get this thrown out also?
|
|
#15
05-25-2008, 02:59 PM
|
||||
|
||||
|
One thing I can tell you to look out for with LVNV Funding. Check your credit report, I bet you that they listed themselves with a open date that is different than the account with the original creditor, the date of last delinquency will be different, the account will be listed as open as well as possibly a line of credit or installment loan and as a factoring company account. These are all FCRA violations.
|
|
#16
05-25-2008, 03:26 PM
|
|||
|
|||
|
Yup they violated a lot but unfortunately it is too late for me to file a counterclaim. I am just trying to get this case thrown out, involuntary dismissal. I stated all the things I found on them earlier. I am hoping something will give as they have failed to validate before the lawsuit.
|
Linear Mode
