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09-05-2007, 11:10 PM

Hi,

I posted in one of the forum/topics under LVNV, but still ended up being stuck. To make the story short, I was denied in being able to rent an apartment (parents trying to get me and my family and brother out of the house now that I started working again) due to screening my background and finding one collection in both my TransUnion & Experian credit reports by LVNV for $3003, with a credit limit of $2208.

I tried to talk to my friend, who works in the mortgage business, about it, and although he tried to explain it to me the best way possible, I still don't understand it.

During the time period I posted here and from the time I met with my friend, I happened to find an old credit report back in 2004. I showed this old credit report to my friend and compared it with the ones I got for free from Experian (I should be getting a free report from TUC & EFX soon by mail). He told me to write a dispute/validation letter, gave me a sample letter, but it doesn't seem right to me. Tried to look around here but got even more confused. Nonetheless I contacted all three CRAs by phone (from I read, I might have made the process longer, possibly start it over again) to dispute it, as well as calling the collector themselves to dispute it. They have till the 29th of this month, says the CRAs.

So now I look back at the old credit report. Sears was the OC of this LVNV funding collector agency, but nowhere in my old CR does it show LVNV in it. Mind you this is 2004, already rented an apartment at that time with no problems and no collections showing. The Sears account had the limit of $2208 (paid some off thru Ameridebt), and shows the date of last payment as 02/2002 (This was the last time I used Ameridebt as well). However this CR also shows Sherman Acquistion (never got a letter) with a higher balance ($2274) and the last payment of 07/2001, but the account was opened in 6/2003. I don't even recall sending them the money; last I remembered, I sent the money directly to the original creditor. I thought this account (Sears) was charged off, but I was wrong...and nowhere in this old CR does it show I had to close the account due to someone using my identity. It just doesn't make sense to me.

Now back to the present, LVNV shows that it was opened as 6/2003 (remember old credit report was in 2004...DOES NOT SHOW ANYWHERE!). The amount now is $3039 and on this screening report, it shows payment history from 6/2006 to 7/2007. Comparing it to the OC's account, I now know it's the old Sears account.

I'm from California, I have looked up SOL's but I still don't understand anything about it. It confused me even more. The SOL in CA is 4 years right?

I didn't want to contact the collection agency over the phone because I was already harassed before but it was too late (for me to do anything about it after reading my rights) and I already paid for that particular creditor/account, and I don't want to deal with that again. I want to make sure the communication is very clear enough and I want to make sure any letters being sent to both the collectors and credit reporting agency are written well enough without sounding so stupid. I've seen samples, but I'm not sure what to use and what to put.

Any assistance is appreciative - I would like to move out of my parents house ASAP....

Thank you,

Jackie

09-05-2007, 11:45 PM

I did not contact the collector, what I meant to say was my friend told me to call all 3 credit bureaus and the collector....sorry about the confusion.

weeswie · 09-06-2007, 10:49 AM

In my opinion, you must write a dispute letter to the CRA and make them investigate on the item you highlighted. They are required to verify the latest standing of the account with the data furnishers. If the CA is having your file, they should be able to give you the legit information. You may also draft a letter to the original creditor and verify the latest status of the debt. It is possible that they have sold your file to a collection agency. The company that is having your file now must be able to prove that they are doing legit collections. SOL in California for credit card debts is 2 years from the date of last activity. Other contracts that are in writing fall under the 4 years time frame. Know the date of last activity before making any payment agreement. Because if the SOL that is already expired by now gets renewed, you will come under legal actions if there's a default on your payment.

Be careful while dealing with LVNV Funding. They are famous for collecting on disputed accounts. And in most cases, they violate the federal laws by making illegal threats on the phone and intimidating people. Be aware of your legal rights because you have the protection under the FDCPA laws.

09-06-2007, 12:50 PM

So is the last date of activity the same as the last payment?

weeswie · 09-06-2007, 01:21 PM

Yes. But be careful because some companies try to re-age the last payment dates. This is because they try to keep the negative information for longer period and the debt can be collected.

09-06-2007, 02:01 PM

Thank you...another question: would it be best to make a copy of the old credit report w/the items highlighted (old sears account and last payment), and would I also need to send this information to the CBs?

swtpnaigal · 09-06-2007, 02:04 PM

sorry that was me (Jackie J..i just signed up!!)....I just wanted to make sure before I sent the debt validation letter to the CBs.

good.nelly · 09-07-2007, 05:34 AM

Hi

Yes it would be better if you highlight the entries on the copy of the credit report and send it to the CRA.

swtpnaigal · 09-07-2007, 11:29 PM

Can anyone pinpoint me directly to the correct type of dispute letter? Also, w/the dispute letter, do I need to include a copy of my driver's license?

swtpnaigal · 09-09-2007, 12:21 AM

what do you guys think of this letter to equifax:

Quote:

Today's Date
Equifax, Inc.
PO Box 740241
Atlanta, GA 30374

Dear Sir or Madam:
I recently obtained a copy of my credit report, which contains inaccurate or outdated information reported by your company. I request that you investigate the following items and respond to me within 30 days of your receipt of this letter, in accordance with the Fair Credit Reporting Act, 15 USC section 1681i. For your reference, I am enclosing a copy of my recently obtained report and other documentation that supports my request.

The following account does not belong on my credit report:
LVNV FUNDING, LLC
Account #: (account #)
Reason: I have never received anything from this company and I have never heard of this company before. Furthermore, it states from the credit report that I pulled from your website that not only did the company reported it recent (as of 8/2007), this company is also listed under the subheading of â€œclosed accountsâ€, â€œaccounts currently past dueâ€, and â€œnegative account historyâ€. This doesnâ€™t make sense to me. I would like this account to be investigated. Also enclosed is a copy of of an old credit report pulled in 2003, with the original creditor of this account highlighted and the last date of payment shown.

My personal data is inaccurate:
Listed in the credit report I pulled, it still currently has me under my maiden name. In the first page of the report, I highlighted my former name as well as my current name. It is no longer (insert former name); my current name is now (current name), and also enclosed is a photo copy of my drivers license.

When your company has corrected the inaccurate information described above, please send a corrected report to me and to anyone else who has requested a copy of my credit file within the last six months. In the event that your company does not respond to my request within 30 days, I will assume that you are unable to verify the information, which means you must immediately remove or correct the items in question.

Sincerely,

(Type your full, legal name)
(Type your full address)
(Type your home and work phone number)
(Type your social security number)
Enclosures

------------------

my transunion report even has more "crap" added to my credit report - an address in arizona that was reported in 2004 (i was still living here in california), not sure on how to show proof that I lived in this town back in 2004, i've shredded a lot of files that are 3 years older) and the same 2 of the same target credit cards with the same account #, with one updated balance, the other updated in 2006 (does this need to be disputed).

i was told writing over two pages long causes these bureaus to throw out the letter, is this true? and my final question: should i dispute my transunion inquiries online? how does that work? or is it better if I do it thru certified mail?

thank you everyone for your help so far...