Internet's first get-out-of-debt community - 123,000 members

NDebt · Posted: Sun Sep 03, 2006 9:59 pm Subject: Debt on CR was never validated

Last fall one of my charged off Sears CC accounts was sold, and placed with LNVN funding for collection. I requested validation of this debt within the 30 day FDCPA and NEVER got it. I haven't heard anymore from LNVN since, but they are reporting the amount owed on my credit report. Can they do that since they NEVER validated?? I don't understand how they are able to legally report negative information without first validating the debt. The debt has now been placed with another collection agency, and looks as if it may have also been sold again. How can I get LNVN off my credit report, or are they within their legal right by doing this without validation?? The debt is mine, and I hope to settle it soon. It's the last of 7 accounts I placed with a debt settlement company last January. I know there is a lot of bad information about debt settlement out there, but if I can get this last account cleared up I will one of the debt settlement success stories. Please let me know if LNVN is in violation of the FDCPA by reporting a debt they didn't validate.

Thanks,
NDebt

Posted: Mon Sep 04, 2006 9:02 am Subject:

Hi NDebt! first off---it is illegal for a CA to report to the credit bureaus without being able to validate the debt. You mentioned that LNVN has passed the debt off to another collection agency??? is LNVN still on your report? I had this happen to me once and what I did was write the collection agency and tell them I was planning to take them to court for making a false report to the credit bureaus without being able to back up validation, which is illegal and then I also wrote the credit bureaus and explained that they were making false reports--by reporting something that a collection agency had not validated. I soon got a letter from the collection agency apologizing, said they would take it off of my report and I would not be hearing from them again....The credit bureaus took it off of my report as well. LNVN is in violation of the FDCPA by reporting a debt that they can't validate. you have grounds here...use them. hope I have helped. =) shirley

Posted: Mon Sep 04, 2006 9:37 am Subject:

Shirley is right. You can get the negative item of LVNV Funding removed from your credit report. If they are doing the reporting in the fair way, their must be some details to be given to you in writing through the debt validation process. I can only understand that they have nothing about your file and are reporting falsely to the bureaus. Write a letter to the collection agency mentioning that they are breaking the FDCPA laws by reporting incorrect information in your file. They are legally bound to remove it. Send a dispute letter to the credit bureau and ask them to investigate your records. They are also bound to put correct information in your file.