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 Posted: Wed Feb 22, 2006 4:11 pm Subject: LVNV Funding |
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I have been dealing with this company for almost 3 months now about an old account that I thought was settled. I have sent certified letters to Resurgent Capital requesting validation and have not received it. I received a letter from a law firm on Feb 7th who now says I have to send them the letter (which I did) and they also told me that there is no time limit on them validating this account. I don't know what else to do-- can someone help me! please
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txbutrfli
Joined: 22 Feb 2006
Posts: 1
Debtcc Points: 79
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| Posted: Wed Feb 22, 2006 4:21 pm Subject: |
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You will pay to that agency only which is having your proper account details. Many companies will attempt collections on you but you will have to figure out the legitimate one. While you have been paying to LVNV funding, did you verify if they were having your account information in real. If you realize them not having your account information, you will have to put a legal fight against them for taking money from you without legitimate purpose.
While other law firm is contacting you, federal laws force the collection agencies to give you the debt validation details of the account. This will help you in understanding the company for which they are collecting. You have the legal rights to refuse payments until the accounts have been properly placed to you.
Request LVNV to give you the latest account status and an itemized statement of all the payments made so far. You have to take care of this matter properly.
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john
Moderator
Joined: 05 Jan 2006
Posts: 1287
Debtcc Points: 26417
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| Posted: Fri Jun 23, 2006 7:07 pm Subject: |
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did you send the letter certified?
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PRINCESS
Joined: 23 Jun 2006
Posts: 34
Debtcc Points: 780
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| Posted: Fri Jun 23, 2006 9:29 pm Subject: |
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There is technically no time limit for them to validate, BUT....they cannot attempt to collect the debt any further until they do validate. They must stop all collection efforts and not contact you anymore until they validate. Chances are, you will never hear from them again.
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Guest
Debtcc Points: 100
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| Posted: Sat Jun 24, 2006 1:20 pm Subject: LVNV REPLY |
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The letter that you received its not from a lawyer, the collection agency is playing gamesi with you, its phsycological, they want you to get scared, do not pay them until they validate, here is a sample follow up letter you can send to them. I hoep this helps.
Today's Date
| Quote: | Your Name
Your Address
Collector's Name
Collector's Address
Dear Collector,
I am writing in response to your {letter or phone call} dated {insert date of letter or phone call}, copy enclosed.
On {insert date of initial dispute letter} I sent you a letter explaining that I do not believe I owe what you say I owe and, in accordance with the Fair Debt Collection Practices Act, 15 USC 1692g, Section 809(b): Validating Debts:
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
I must remind you that in my previous letter I requested the following information:
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) Provide a verification or copy of any judgment (if applicable);
(4) Proof that you are licensed to collect debts in (insert name of your state)
I also requested that if you have reported me to any credit reporting agency, that you inform them that I have placed this debt in dispute and to provide me with proof that you have done so. Furthermore, I asked that you immediately send a copy of that dispute letter to the company (creditor) that you say I owe money so they are also aware of my dispute with this debt.
As of today, you have failed to respond to my requests! For your convenience, I have included a copy of my previous letter and a copy of the mail receipt showing that you received my letter on {insert date from mail receipt}.
Since you have failed to respond I assume that you have been unable to validate the debt and therefore, I consider this matter closed. You may consider this letter your official notification that I do not intend to correspond with you on this matter again unless you comply with my requests, the fdcpa and the FCRA.
I must remind you that any attempt to collect this debt without validating it, violates the FDCPA and that I am recording all phone calls and keeping all correspondence concerning this matter. Be advised that I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the national Better Business Bureau.
Signature here
Your Printed Name |
DO NOT GIVE UP WITH VALIDATION. I have sent you a sample letter which you can use. Its a mind game to scare you, i have dealth with them before.
IMPORTANT: Always send debt collection dispute letters by "official mail - return receipt requested" and keep a copy for your records. Also, recognize that the Fair Debt Collection Practices Act does not require collectors to respond to your dispute unless they intend to take specific actions such as pursuing court actions. Finally, don't be surprised if you never hear from the collector because when collectors cannot verify a debt, they usually drop the account or sell it to another collector.
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PRINCESS
Joined: 23 Jun 2006
Posts: 34
Debtcc Points: 780
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| Posted: Sat Jun 24, 2006 1:24 pm Subject: |
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Thanks Pricess for your help. 
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andyyoung
Joined: 05 Jun 2006
Posts: 473
Debtcc Points: 6485
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| Posted: Sat Jun 24, 2006 1:29 pm Subject: |
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you are welcome!
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PRINCESS
Joined: 23 Jun 2006
Posts: 34
Debtcc Points: 780
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