LVNV taking them on
Date: Thu, 09/06/2007 - 18:19
Quote:
lvnv funding llc Po Box 10584 Greenville, SC 296030584 (866)464-1183 VIA: Certified Mail Return Receipt ########## Re: Credit Report Listing Dear LVNV: I recently reviewed my credit report and found you have listed a derogatory account #######. I have never gotten any type of communication from you regarding this supposed debt and have no knowledge of any outstanding debts for the amount of $353 that you have listed. Further, there are many erroneous entries that make little or no sense such as no opened date listed, no date of last activity, a date of major delinquency that does not match anything in my own records, and the fact you are reporting this as an ‘open’ account when I have never, ever entered into any kind of contract with you for anything. Per the Texas Finance Code §392.202. I am disputing the accuracy of this item. According to the above referenced Texas statue you must cease any and all collection activity and respond to this letter in 30 days with proper validation, or you must delete this item from any and all credit reporting agencies you reported this inaccurate information to. Please be advised that I am requesting proper validation, not verification. I already know you allege I owe this debt. I need proper documentation from the original creditor that I entered into a contract with them and I also need documentation that you are legally able to collect this debt on behalf of the original creditor or that you have bought the account. I am also entitled to a breakdown of monies owed and proof that any and all charges and interest fees are legal in the state of Texas. Nothing in this letter authorizes a “hard pull†or a “soft pull†of my credit report. Since you originally placed this information on my credit report in the first place, you should have all the information you need just using the above mentioned account number that you used to place this derogatory item. Any pulling of my report will be considered non-permissible and in violation of my rights. It is inconvenient for me to receive any phone calls from your firm at home or at my place of employment and all communication with me shall be in writing to the above address. I am giving you notice now, according to Texas Business and commerce code, chapter 17, that if you do not provide me with the required validation you must delete this item from all credit reporting agencies. If you fail to do so, you will have placed me at risk of irreparable harm to my credit health and I will be forced to take you to court where I could be awarded treble damages for your violations. Please be aware that venue for any action will be in accordance with the provisions of the prevailing statutes of the State of Texas. There are no federal questions being raised in this matter and any attempt to remove an action to federal court will be challenged. Thank you for your prompt attention to this matter Goldenbast |
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so whatcha think? :)
Hi Goldenblast. I like it. In fact, I might change it around a l
Hi Goldenblast. I like it. In fact, I might change it around a little and use it myself. It is assertive and to the point. It also delivers the message that you know what you are talking about and are in no mood to be played with! Good job. :-)
LVNV doesn't validate. It doesn't help though that the law is on
LVNV doesn't validate. It doesn't help though that the law is on their side on that because they have until the cows come home.
I think you would be better off sending one of the prewritten letters found on the this site and not going off key from them.
If they don't validate then they -have- to delete it, by law. P
If they don't validate then they -have- to delete it, by law. Personally I will be tickled pink if they try to pull any of that crud with me. They only have 30 days by Texas law.
Texas has its own codes and such with quite a huge bite to it...basically they can't ignore me or take longer then 30 days, plus, I gave them written notice that I will sue....by Texas law I must give them a written notice then wait 60 days....on day 61 I fully intend to waltz down to the courthouse and file against these bozos.
Eleroo -- unless you live in Texas, some of this letter won't work for you. :?
Golden, Texas is one of the few states where they have only 30 d
Golden, Texas is one of the few states where they have only 30 days to send you some answer; either that they have not had time to validate, or the notation was in error, or to properly validate. Be advised as well that any violation of the Texas Finance code (Chapter 392) is also a criminal act and also an automatic violation of the Texas Deceptive Trade Practices Act. Your letter looks good to me. You seem to know your state law, many don't. Sue them if they step over the line.
Several of LVNLV's (Sherman Financial)investors are trying to sell off their share. One is (what else?) a subprime mortgage insurance company in Wisconsin.
Yes, I love my state law. For me the law is wonderful as it rea
Yes, I love my state law. For me the law is wonderful as it really only leaves it to either a validation or a delete, even if they try to say they have not had time to validate, they -still- have to then delete...the law is clear on that part heh.
Yeah I love it that it is also considered a criminal act and actionable under deceptive trade practices, that is where trebling of damages comes in and why I gave them notice, as by law you must give them 60 day written notice before you can take them to court over it.
Best of Luck to You!!I have been dealing with them and their man
Best of Luck to You!!I have been dealing with them and their many dbas for almost 2 years!!
They are not nice people to deal with, have broken alot of FDCRA reg., etc.
You are lucky you live in a state where they have 30 days to respond- I don't, and they have never validated. They usually send a paper printed from the computer with little info.
Keep us posted on what happens..Karen :D
Best of luck with your case. Everyone contacted by a company li
Best of luck with your case. Everyone contacted by a company like LVNV should collect enough evidence and sue them.
UPDATE: Before I can even get this DV sent I get a call from
UPDATE:
Before I can even get this DV sent I get a call from Global Vantedge, they are collection for LVNV..so..a CA is collecting for a CA..how funny is that?
Anyhow now I'm not sure what to do. LVNV apparently 'owns' this debt and Global is just acting in their behalf. So...I'm tempted to just fire off a full C&D to global telling them I will be dealing only with LVNV or..I could be ambitious and DV BOTH and let them BOTH wrack up violations against Texas statues and then take BOTH to court. :lol:
LVNV has alot of agnecies that collect for the, also an attorney
LVNV has alot of agnecies that collect for the, also an attorney/collection agency- Weltman,Weinberg & Reis.
I would DV them both. Also, what you can do when you DV LVNV, is to put in there that you are addressing this to all their entities, DBS, etc.
Let us know what happens- Good Luck..KAren :D
LVNV and Global got the letter! And so now the countdown star
LVNV and Global got the letter!
And so now the countdown starts...I am waiting to see what both these companies do with my letters.
Class Action Law Suit !!! Persons needed..........
I have had it with LVNV Funding :evil: I have requesed validation of a debt twice,disputed with all
3 credit reporting agencies 3 times.My attorney has requested twice.All have been sent registered mail with return receipt.These people will not validate !!!maybe if enough of us get together we can
make them obey the law....this is crazy.How do they get away with violating the law ????anyone having problems with these people?
Even if they do sue
They would have to forward it to a law office that actually does have an attorney licensed in my state, I'll be sure to nail them for violation of WV chap. 46A-2-123, they have also been requested to validate the debt which if they fail to do so (which I doubt they can as they probably don't have the contract, which is what gives them the right to collect) then they must cease collection activites until they can do so. Which I believe would allow me to file for motion to dismiss, if it is not legally theirs.
Check you rules of civil procedure
Goldenblast, I would check the rules of civil procedure, because you may have to file a 'notice of claim' against the debt collection company.
I would find a good strong Plaintiff's attorney, (this is one of the few times I would advocate so, because I am in the insurance defense practice) to go after these bas*r*s. When it comes to written notice, the attorney will be able to significantly help you with any notification of claim and handle it amicably and keep it in the ring. Chances are that they'll collect 20-30 percent of settlement, but it's worth it for you.
What do you mean? I'm looking up rules of civil procedure now,
What do you mean? I'm looking up rules of civil procedure now, but in the Business & Commerce Code it has a specific section about how to handle a suit:
Quote:
???? 17.505. NOTICE; INSPECTION. (a) As a prerequisite to filing a suit seeking damages under Subdivision (1) of Subsection (b) of Section 17.50 of this subchapter against any person, a consumer shall give written notice to the person at least 60 days before filing the suit advising the person in reasonable detail of the consumer's specific complaint and the amount of economic damages, damages for mental anguish, and expenses, including attorneys' fees, if any, reasonably incurred by the consumer in asserting the claim against the defendant. During the 60-day period a written request to inspect, in a reasonable manner and at a reasonable time and place, the goods that are the subject of the consumer's action or claim may be presented to the consumer. |
Hmm..I looked, but will have to dig deeper..I keep finding 'rule
Hmm..I looked, but will have to dig deeper..I keep finding 'rules of civil procedure' but they list 'rule 6' 'rule 15' etc.....Do they normally skip around like that? If not..I am having trouble locating rules 4, 5, etc :)
Yes, up here in my practice in NY, it's the same way too. There
Yes, up here in my practice in NY, it's the same way too. There's an official court document too that they call a 'notice of claim' it basically seems the same way too; the statute is written the same way too. I would consult with an attorney for the specifics of said notice, take it from me, I've had many a case thrown out at a preliminary conference because of a faulty 'notice.'
Well, LVNV made their first misstep..already! I just checked TC
Well, LVNV made their first misstep..already! I just checked TC and LVNV updated the entries -today-. They signed for the green card on 9/19/07 soooo..they just reposted fresh info without mentioning that it is disputed. I am going to dispute with the CRAs, but I have a question...I have a bunch of other letters out, as soon as I get the returns I will dispute, but do I have to dispute all at once or can I dispute individually and on separate days? I am not sure! :)
Oh forgot to mention they changed the entry one one..to show lat
Oh forgot to mention they changed the entry one one..to show late 120..now that is an eyeopener..how can I be late when I have never agreed to pay them anything???