For those of you having problems with LVNV…there is hope! And yes the only giving 30 days to responding gets action. Whether or not it is legal I do not know but these companies sure but a demand on the victims to respond within 30 days. As my previous post stated if I found myself having to go to court I wanted to show I ws giving
LVNV funding the same time to respond that they gave me. READ ON to see the what the out come has been and it has been a been less than 90 days!!!!
In January I noticed a derogatory account all 3 CB’s. I found a lot of great help in these posts. I found sample letters and requested a verification of debit letter. I tweaked the sample letter to state:
“If the below items are not received within 30 days of receipt of this request, you and/or your company are in agreement that this is not a valid debt and at said time you are required by law to remove your claim from all 3 credit reporting agencies.â€
I sent this certified, return receipt as everyone suggested. I also notified the CB’s of my intent to dispute the claim via internet. This company had bought a charged off voluntary repo account where the statue of limitations had expired. The original loan was due to be removed in less than a year. The original loan had already sold the vehicle and charged off the difference owed on the vehicle. I never received anything from the original lender requesting a difference in amount due. So in my view the original lender made their money from my initial payments plus interest & then sold it. When they charge off the account it goes on their records as a loss and at tax time it becomes a credit in their favor. They then turned around and sold it 6 years later to LVNV for profit.
Within 30 days I received a LVNV generic statement with my name, and amount due (thousands more than the original loan) with the original lenders name. The items I requested were not included. They did include a payment coupon.
I then sent a follow up with a cease & desist. I noted in the letter they had 30 days to respond with the following statement:
“Without the above proof you have stated that you are in agreement that this is not a valid debt and at said time you are required by law to remove your claim from all 3 credit reporting agencies.â€
I carbon copied this letter with the original letter and a copy of their response to all 3 CB’s stating:
“As per the enclosed letters state; “Since you have failed to provide that information you are agreeing that there is no contractual obligation which is binding on me to pay this debtâ€. They have agreed that this is not a valid claim and by Federal Law their claim must be removed from the credit reporting agencies files.â€
Within another 30 days LVNV sent me a statement telling me they were researching the claim and would get back with me. It has now been about 90 days and I was gearing up for another round of letters demanding removal or I would seek legal counsel. I was ready to go to small claims court. This past week I received a copy of a credit report where the LVNV funding had been removed and to my surprise the negative original loan had been updated as well to show a positive paid as agreed.
I order my credit reports from the other 2 CB’s and they have also removed and updated the original loan. I will most likely not ever hear from them again. Good luck and don't be afraid to put a time limit on them. It took time and patience. If you have the confidence that you are in the right and their claim is only to make a buck on your mistakes or bad misfortunes then stand your ground. You have to do some homework and tweak the samples to apply to your situation. It cost about $5 each to send certifieds but well worth the effort & price to have this situation taken care of. Make them think you know what you are doing even if you really don't.