[blinkyberry]

i have dealt with lvnv funding for a credit card that i owed on and when you owe them every time they send you a collection letter the debt gets higher and higher and they don't try to work with you and they are very rude.

I was summons to appear in court for a Pre-trail conferance from the company LVNV Funding ssignee House hold fin.However I never sign any contract but and extra card was given to me in my name from the card holder.I never received any attempts from them to collect debt from me nevetheless any phone calls. What can I do about this matter

[SubiGirl]

I'm not a lawyer, and I don't know of any case law on this issue or anything. In my opinion, it is a sticky situation.

I have a little background in law, and here is what my take is on it. If you ever used the card with your name on it, you could potentially be held liable for some of the charges. Why? The fine print on every credit card receipt that states you agree to the charges and agree to pay. By signing that receipt, you are agreeing to this. So, even though you did not sign the contract on the account...stating agreement to the credit card terms, interest rates, payment, etc....you agreed on each receipt to pay the charges.

Now, that is if you look for a loophole. In my opinion, I do not think they can go after you, just for having a card in your name. You did not agree to the terms of the credit card. Now, if you charged up the card, the person who did sign the agreement could potentially use the argument I made above in a small claims court to get you to pay for charges you made. However, I don't see that holding up in court for the other person against the credit card company or a collector. As I was told with regards to my ex-husband....he had a card with his name for my accounts, but I was the one who applied for the card and signed the agreement...I only asked later that he be given a card to use the account (reluctantly, mind you). When we divorced, I would be held liable for that account, and they would never go after him....because It was my name on the credit card agreement. The credit card company did not care that my ex was the one who made the charges!

I would send a debt validation to LVNV ASAP...overnight mail, certified/return receipt. Now, they will not validate, as many here will attest to. However, it will show that you have tried to make them prove up that you are the person they should be going after. I would go to the pre-trial conference and immediately use the defense that it is not your account...that you demand they present a contract signed by you. Sounds to me like they are grasping at straws, because they couldn't get the contract holder to pay.

Thank you so much subigirl :D

Folks be VERY CAREFUL with them THEY ARE A COLLECTION COMPANY. Send them a letter stating you choose to deal ONLY with the original creditor. Tell them To CEASE AND DESIST contacting you. After that they are in violation of Truth and lending act as well as other federal violations. My advice ,deal only with the original creditor. Happy Life, Frank

[SubiGirl]

Problem is, they are not only a collection company, they are also a junk debt buyer. For many of the accounts these folks pick up, you can't work with the original creditor. The original creditor has sold off the account, and will no longer discuss the account with you. For many, there is no choice but to deal with LVNV, which is why you have to keep your bases covered. If you are summoned to court, go! Otherwise, they will succeed in getting a judgment on you for an account that is so way out of SOL it isn't funny (and then you can't do anything about it) or for an account that isn't even yours!

LVNV has several different companies, LVNV, Sherman, Resurgent etc. Even if you pay a debt that they downgrade they just resale to another, who can now legally re-age the account and get more. Tomorrow I am finally tired of dealing with these jeckals and paying a lawyer to have 3 accounts (same debt removed from 1989). Original debt was $440 dollars and now they claim over $5000. Last year I went to a debt cosolidation service and repaid everything I owed. Several companies after gaining a 740 score have re-appeared as have selling off the accounts before final payment. Now my score is 590avg. I have paid my debt without making deals other than intrest and yet my score is now lower. LVNV/Sherman account for 100 points alone by re-aging debt.

Do not ever deal with this company/

[SubiGirl]

demitrix,

I've learned the hard way that LVNV is bad about re-aging. I have an account that was settled and paid back in 2003. LVNV was the debt holder at that time. I just realized that they are still listing the debt as OPEN on my credit report, though the notation says, "Settlement accepted on this account, paid collection". They show last activity as 7/2001, but "date major delinquency first reported" is listed as 5/2007! This is showing up as a collection account on all my credit reports, and is bringing my score down....even though the account is no longer in collections!!! There are other accounts I settled on, and none of them show up as collection accounts....not even the one account I never settled on! This one account that I have taken care of is costing me more than the account that is still outstanding! Doesn't make any since, other than LVNV is just a shady business. I currently have a letter in to correct the information they are reporting...sent it off just the other day. As soon as I get that green card back, I'm going to start counting down the 30 days. If they do not correct the information by then, I, too, will be talking with an attorney, as I have counted two violations on each of my 3 credit reports...that is 6 total violations at at least $1,000 a piece!!! That is just for the violations! I'm sure, with the right attorney, I can prove up the damage they have caused in my interest rates on my current accounts being higher than they would be if LVNV had not falsely listed my account as a collection account (i.e., all the extra money I have had to pay).

[Bossy4455]

Subi-Do you live in a state,such as Texas, where you cn give them 30 days to validate?

Where I live, there is no time limit on them validating.I am waiting a year and a half, and many letters later, for validation from them..karen

[SubiGirl]

Yep, I'm in Texas...where State law is what these bozos have to follow! They have to correct in 30 days, or I get to come out of my corner swinging!

Though I do not agree in a lot of the things our lawmakers in this state pass, at least we have these types of consumer protection laws and the lack of a state income tax! Those two things alone make all of the dumb stuff more bearable.

Htgt123 ... yes I have a debt with BEST BUY and it seems LVNV have purchased my debt from them..and their address is Houston, TX in my credit report.

[Bossy4455]

Sheriff- read all you can about them- they have many addresses and DBAs. Be sure and get a debt validation letter to them, certified, return receipt, and make copies of everything you and they send!

I have been dealing with them and their many companies for a long time-they aren't fun to work with--good luck..karen

[SubiGirl]

Just got the green card from my letter to LVNV to correct what they are reporting on my credit report! Shows they received the letter on 10/19, so they have until 11/18 to fix it, or I'm getting an attorney for the multiple violations!

I still can't understand what LVNV thinks they are accomplishing by reporting incorrect information to keep this matter on my credit report longer than it should! They get nothing from it! It is a settled account which I paid. It isn't like they can get any more money out of me, because the matter is closed. All they are doing is opening themselves up to liability by reporting the matter incorrectly to the credit reporting agencies! I know it is bad, but a part of me is hoping that LVNV does not correct my credit report, so I can sue them for damages. I'm sure I can sue for enough to pay off more than a couple of my current debts...hehehe.

I've also got the green card back from S&P. It will be interesting to see the result of that one. This is the company that shows up on only one of my credit reports as owning the same account Genesee tried to claim they owned (yet Genesee never showed up on my credit report). Going back to some older reports, it looks like S&P has "owned" the debt for some time. If they come back as claiming they still own the account, and can provide proper validation, I'm going to be upgrading my complaint to the AG on Genesee as all out fraud!

I just received a collection letter from a company known as Alliance One. According to Alliance One, we have a debt to Sears which dates back to 2000--but it was somehow just discovered in May, 2007. I just pulled a credit report which shows that our Sears account was paid off in 2002. But lo and behold, there's a debt on our records from ....LVNV for $1,025.35. I called Sears, and, just as we believed, we closed our account.

I asked Alliance One to provide any old bills that would track the amount we owe. This company said it couldn't do so. This is a sham, and everyone reading this should be forwarned. debt collectors need to give you the name of the company who has hired them, and any and all records verifying their claim.

[SubiGirl]

Steaming Mad...I would see if you can get it in writing from Sears that you closed the account in 2002 with $0 balance. I would then forward a copy of that letter to Alliance One and LVNV demanding that they validate the debt or remove it from your credit reports. LVNV will not validate, but if they do not remove the information from your credit report, I would report them to the FTC and your local attorney general. If this is in fact a debt you paid off, and Alliance/LVNV does not remove it from your credit report, you could potentially sue them for damages and violations!

[jeannvk]

In the State of Nevada https://esos.state.nv.us a search for LVNV Funding pulls up not only their registered Agent, but also the address for them in South Carolina with the Officers-managers names & if you google the address 200 Meeting street, Ste 206, charleston south carolina, you get Sherman Capital Markets!!! LVNV Funding managers name; Kevin Branigan phone, (843) 266-1717 he's also listed as CEO of the Sherman Financial Group on a republican fund raiser site ( another great reason to vote democratic..) but the cheapskate only gave $250 ( our money)

Im sending him a ccr...........! please everyone else do so & we can drive him nuts with letters and calls