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Posted: Thu Jan 03, 2008 9:06 am Subject: Going after LVNV

Well the time has come. These people have absolutely nothing to prove that this alleged debt is actually mine! I know this because I called Weltman, Weinberg & Reis and asked them about it. Basically they ‘ordered’ the documentation over 2 months ago but they have heard nothing, I will just have to wait with them. Um hmm. Fat chance. These bozos had 30 days.

I am sending one last ditch effort letter to LVNV, I figure it will look good to the judge when I haul their sorry butts to court…that I sent multiple letters and made multiple phone calls to try and resolve this issue but that I am being totally ignored, so had no other choice but to file suit. I gave them 15 days. I am through playing with them. Here is the letter I wrote:

Dear LVNV:

On 09/17/2007 I sent you a debt validation by certified mail, return receipt ############# which you signed for on 09/19/2007. In this letter was a demand for validation of this alleged debt, which is my right under Texas Finance Code §392.202. This notice gave you 30 days to provide to me the proper documentation to validate this alleged debt and to cease all collection activity until you have done so.

To date you have violated my rights numerous times and have thus far given a total lack of regard to these rights afforded to me by the state of Texas. Below are the violations:

1. After receiving the demand for validation you assigned the account to Weltman, Weinberg & Reis for active collection. I have the letter from them to prove this claim as well as recorded phone calls.
2. You have validated this disputed account with Equifax (as well as reported it incorrectly despite my pointing out these inaccuracies) I have copies of my credit report from various dates to prove this claim.
3. You have reported this disputed account with Experian even though as yet you have no documentation proving this debt is valid and have reported it knowing it is disputed.
4. Despite my sending you and Weltman, Weinberg & Reis a letter pointing out the above violations (including to send copies of all correspondence as well), your collection agency has once more sent me a letter attempting to collect on this disputed debt. I have also spoken to them on the phone and while they claim they have ordered the validating documents, it has been over 2 months and they have received nothing whatsoever. I have the letter in question to prove this claim as well as a recording of the phone conversation that no documentation exists so far.

I gave you a written notice, required by Texas law (Business and commerce code chapter 17) giving your company 60 days to provide the documentation and fix the credit report inaccuracies or to close out this account and remove the listing from my credit reports. It has been over a month since the date required by the written notice and still I have yet to hear anything from your company and have only further collection attempts from your collection agency acting with your authorization.

Your company is leaving me no other choice but to take you to court. Right now you have violated my rights and Texas Code six times. According to Texas law I can and will take you to court for $9000, which is $500 for each violation trebled according to Texas Business and Commerce Code, Deceptive Trade Practices.

I am making one last attempt to resolve this matter outside the court system. Please remove this un-validated account from my credit reports and cease all collection attempts until such a time as you can provide the proper documentation. I will give you 15 days before you force me to file suit. If I do not hear from you by 1/24/08 my next communications with you will be a court summons. Please note I gave you 15 business days to allow you plenty of time to send me a letter confirming that the account has been removed.

Thank you for taking care of this matter

Goldenbast

Posted: Thu Jan 03, 2008 9:43 am Subject:

You are being more than reasonable! Please be aware that there is a good chance they are monitoring this site.

Posted: Thu Jan 03, 2008 9:45 am Subject:

Heck with them.File suit now and party is at your house! Laughing

Posted: Thu Jan 03, 2008 9:57 am Subject:

What sweet words!!! The letter sounds great!! Let me know what happens- as you know I amdealing with them also.

I do know that they have visited this site. Speaking with one of the Sherman groups DBAs, they told me where I was getting my info- and that it was wrong Laughing

Good Luck--keep us posted..Karen

Posted: Thu Jan 03, 2008 10:17 am Subject:

They pulled my account and reassigned it with Hanna and associates, who have no attorneys licensed in my state! Laughing

Posted: Thu Jan 03, 2008 10:28 am Subject:

Yep ca's,creditors,and some cra employees have been known to sniff out these types of sites. All the heartburn an informed consumer gives them can be solved if they would just follow the law. Fairly easy concept to me,but maybe I ain't cut out to be an office guy! Laughing

Posted: Thu Jan 03, 2008 10:31 am Subject:

No, a CA can follow the law and still make a killing in business. It depends on how they train their agents.

Posted: Thu Jan 03, 2008 12:13 pm Subject:

Right..besides, I figure that it can only work in my favor to try one last letter, then I can, with no qualms, say to the judge: "See? I have tried numerous times, even after by law I could take them to court, to attempt settling this matter between us, but they absolutely refuse to do so." Smile

Oh and I don't give two hoots if they are monitoring this site. More power to em. Maybe if they see this post they will know I mean what I say. Smile

Posted: Thu Jan 03, 2008 1:05 pm Subject:

I am with Cajun. Sue em' now. I will come to the party!

Posted: Thu Jan 03, 2008 5:30 pm Subject:

Yeah, they have refused to work with me too. The thing that is so ironic- before I found this site, I didn't know who they were or even if they had my account-just took their word. I wanted to set up payments to pay them-they refused- I found this site and did some calculating and found out I had overpaid my cc account by thousands-besides they won't tell me who the account is with. If they had taken my payment arrangements- they would have been paid off by now Shocked

They got really mad at me one time and said "we know you are debt educated, and where you get your info from,DCC and it's wrong" I just laughed and said --whatever- it's about time I became debt educated and know my rights!!..Good Luck..Karen Very Happy

texasrobinhood.com · Posted: Mon Jan 07, 2008 2:05 pm Subject:

In Texas, a suit under the DTPA should not be filed until after the 60 day waiting period after you give notice. It can be done, but the law gives a defendant the 60 days to review your notice/demand. Of course, file away if the statute of limitations is going to expire on your claims before the 60 days runs. Call a Texas naca.net attorney if you have questions or need some muscle for the lawsuit.

Posted: Tue Jan 08, 2008 12:30 am Subject:

It's been way past the 60 day notice I gave them a long time ago. Smile

I had that covered early on.

Posted: Tue Jan 08, 2008 1:09 am Subject:

I'd sue right away then. In Texas, the beauty of it is, every violation of the state's debt collection act is by default also a violation of the state's Deceptive Trade Practices Act (as texasrobinhood said), and a criminal act as well. These, along with violations of the FDCPA might give you a nice bit of cash. Keep us posted.

Posted: Tue Jan 08, 2008 10:24 am Subject:

Go for it Golden Bast, give them a nice boot for me too. Smile

Posted: Tue Jan 08, 2008 10:29 am Subject:

I had my own run-in with LVNV a while back. A family member had charged off a credit card in my name to the tune of $5876. Yikes! I was back in forth with the credit bureaus and LVNV for months. Finally, I got the bright idea to file a police report in my city. It was really simple--I just called and filed and identity theft report over the phone, citing the specific amount and company. They gave me the report number. I then immeditely called LVNV and told them about the report and gave the report #--lo and behold I get the apology speech and an overnighted letter from LVNV stating the card and debt were not mine. It is so nice to NOT see that on my credit report.

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