LVNV Violations!
Date: Wed, 10/03/2007 - 17:13
One of the accounts I settled on several years ago was owned by LVNV at the time of settlement. This is still coming out in the negative items section of my credit report, though none of the other settled accounts are showing here. I noted some violations of the FDCA, and I am planning on sending the following letter:
Quote:
My credit report shows the above-referenced account on my credit report with all three reporting agencies as open. This account was settled, as also indicated in your reporting. The following items are incorrectly being reported by lvnv funding llc, and is in violation of the federal Fair Debt Collections Act and the Texas Debt Collection Act: Violation #1: Type of Account: OPEN As LVNV accepted settlement of this account, and such settlement was paid, the status of this account should be CLOSED. Violation #2: Date major delinquency first reported: 5/2007 This account was defaulted on with Beneficial National Bank 7/2001. This is called re-aging, and it is illegal, as it keeps the negative listing on one’s credit report beyond the 7 years after default. Considering the above account was settled and no longer open for collections, re-aging at this point is simply a malicious way to keep my credit report score low, causing me personal harm. Please take notice that according to the federal Fair Debt Collections Act, the Texas Debt Collection Act, and the Texas Commerce Code, you have 30 days from the receipt of this letter to correct or remove this information from all three reporting agencies, and that proof of such correction or removal provided to me. Failure to correct or remove this information within the 30-day period will result in me filing a complaint with the Texas Attorney General and a suit against LVNV Funding LLC for damages. |
What do ya'll think? It shows the last reporting by LVNV being last month (9/2007).
I think it sounds good to me. It's short, sweet, and to the poin
I think it sounds good to me. It's short, sweet, and to the point. :-)
Looks good to me:) Send that BABY OUT :twisted: ladybug
Looks good to me:) Send that BABY OUT :twisted:
ladybug
Thanks eleroo and ladybug! I plan on sending this out tomorrow.
Thanks eleroo and ladybug! I plan on sending this out tomorrow. Part of me can't believe these folks are pulling this junk! What do they have to gain? The account was settled back in 2002. They accepted the settlement. I made my payment as agreed. I mean, though illegal, I could see them doing this if the account was still collectable....trying to get me to pay it to make it go away...but LVNV has nothing to gain by re-aging this settled account! All they would be accomplishing is keeping this thing on my record until 2014, when it is supposed to fall off of my record next year.
Part of me is secretly hoping they do not correct the information, so that I get to sue the pants off of them!
You might also add that they've violated the FCRA. You can sue f
You might also add that they've violated the FCRA. You can sue for this as well.
They have a nasty habit of listing them as factoring company acc
They have a nasty habit of listing them as factoring company accounts (another FCRA violation) check to see if they have done that. The reason they do that is because it hits the consumers FICO score alot harder than a collection account.
In reading this, I know I really need to pull a credit report an
In reading this, I know I really need to pull a credit report and go through it. I have an account in collections with them so I want to make sure they aren't doing the same thing. Thanks for posting this Subi. It's a real reminder that we are dealing with some nasty and unfair characters.
Please don't forget Fcra violations when dealing with these joke
Please don't forget Fcra violations when dealing with these jokers.They can add up quickly with 1K per violation per credit bureau as well as real damages,tort damages,and punitive damages.
I don't know much about collections, but have people actually su
I don't know much about collections, but have people actually sued these collection agencies & gotten money from THEM?
collection agencies and attorneys have paid out quite a bit on v
collection agencies and attorneys have paid out quite a bit on violations.Google Nco,Arrow,Asset with court case. :wink:
eleroo....what I have learned on this site in the last couple of
eleroo....what I have learned on this site in the last couple of weeks, let me to start digging around in my credit report! I kind of knew my rights, and a little about what CAs and such could and could not do, but was shocked at everything I was reading here....all of the underhanded stuff these CAs were doing. It made me wonder, so I started looking. Sure enough, I found these violations on my own credit report!
I mean, you would expect to find bad stuff about accounts you defaulted on, right?
When I settled most of the accounts I defaulted on after my divorce, I expected that all was good! I didn't think I would ever have to deal with these people again! I did the right thing...I sought out help, contacted the people I owed money to, worked out a deal that was acceptable to both of us, signed the paperwork, made the payments. Now, to find out 5 years after settlement that this company is still trying to punish me? I thought in my mind I made good on the debt!!!! Sure, I settled for an amount less than the balance they said I owed, but LVNV agreed to that amount as well! If they really wanted the whole thing, they could have turned the settlement offer down! They FORGAVE the rest of the debt, I paid my taxes to the IRS on the forgiven portion, etc. Why do they want to try to continue to punish me by reporting inaccurate information on my credit report? What is it gaining them other than pleasure in knowing they are screwing me over?!?!?!?!
Sorry I'm on a soap box at the moment, but I am really that ticked! There are LAWS! These laws are being broken for nothing more than someone else's pleasure to keep us down for making a mistake, going through hard times, coming down ill....whatever our reasons were for defaulting on these debts in the first place!
And the debt in question at this point? Ya'll are going to love this one! This wasn't a debt for clothes, furniture, cars, or anything fun. This was a personal loan I took out so that I could fix the plumbing in our home!! That's right...we were springing new leaks about every month...the main line outside broke twice on our side of the meter, so it became my responsibility to fix AND pay the enormous water bill that came out of it, because it broke while I was at work or we were sleeping, so we didn't realize it for several hours, and by the time I turned the water off at the meter, a few hundred dollars of water already flooded my yard! I then not only had to pay for the repairs, but the high water bill that came with it...I could not have kids in a house with no running water, so this was a priority...a need...not a want! This was while I was trying to do everything on my own right after a divorce from an abusive marriage! So I defaulted because I couldn't pay the bill! I didn't do anything different than anyone else would have done if faced with the same set of circumstances! I didn't intend to not pay the bill. Things just kept breaking. I couldn't move! I would have to sell the house, which I had to fix all of this stuff to do in the first place, and where was I going to find a place to rent for the $400/month my house payment was? I was very literally between a rock and a hard place, but I did what I had to do to make good! Why should I continue to be punished?
Okay, I'll get off my soap box, now. I just had to get that out, as I know so many of you feel the exact same way I do about these CAs!
I think I read somewhere, not sure where, that LVNV is in alot o
I think I read somewhere, not sure where, that LVNV is in alot of trouble in Texas, maybe suits-can't remember. I will try to figure out where I saw that and get back to you..Karen
I know it will not help you now but for future reference most wa
I know it will not help you now but for future reference most water companies will reduce your bill if you can show documentation that proves a busted waterline. If you are on city sewer you can get your sewage bill reduced as well.
I actually tried that at the time. I presented the bills and ev
I actually tried that at the time. I presented the bills and everything, and was told my income was too high for any kind of help or assistance!! I don't know if things have changed, but you basically had to be a welfare recipient to get any kind of help or reductions! I was just told, "Sorry, the leak was on your side of the meter, so you are responsible for the charges."
Hey Bossy...let me know if you find anything. If there is a cla
Hey Bossy...let me know if you find anything. If there is a class action or something, I'm in!!! Who knows how much extra interest I have had to pay because of these yahoos because of a lower credit score. An OPEN negative account affects a score more than a closed settled account! I am willing to bet that if the reported information is corrected, I could even refinance my car and home for a lower rate, because these folks tend to look more at the age of negative items. As LVNV has been reporting this as a newer item, I'm sure it has been affecting my interest rates!
I have never pushed for any refund with my water company but I h
I have never pushed for any refund with my water company but I have heard of cases where the water bill was over $1000 and most of it was refunded. I just fixed a water leak 2 days ago in my kitchen ceiling coming from the bathroom above. It was a very minor leak but I will give me Water Company a call to see how they handle the situation. I suspect they would do nothing if the bill discrepancy is not high enough to prove a leak in my case.
That stupid minor leak ruined 1/3 of my kitchen ceiling. I cut the drywall out and now I have a big hole. I told my wife it was a new skylight I installed but she was not amused. Hehe.
Hey cajun...so according to my calculation, that $6000 in fines
Hey cajun...so according to my calculation, that $6000 in fines alone (2 violations each for 3 reporting agencies)? Ouch! They better hope they fix this, or they are in for some real hurt!
When I get some time- I'll see if I can find that! They reall
When I get some time- I'll see if I can find that!
They really screwed me over too. I had excellent credit at the bank we used for over 27 years- got cars, apid them off,etc.
I went to borrow some money about a year ago and the bank officer said- ther's no problem with you getting money, but I have to run the papers as a formality.
Well, she calls back- and says this thing with LVNV really put a hurt on me, and they couldn't loan me the money- I am so mad they have messed with me! Karen
Dollars...That may have been why they refused to help me. We ar
Dollars...That may have been why they refused to help me. We are talking a $300+ bill for the leak, rather than the normal $40 I usually averaged. But still, with having to pay for the repair, and things being as tight as they were, that hurt!
My parents can sympathize with your leak issue! They have a single story, but it is an older house. Back in the days, they put pipes in the attic! Mom woke up one night and thought is was raining. When she woke up a bit more, she realized the sound of rain was coming from inside the house! The entire kitchen was flooded...cabinets soaked, carpet in the dining area soaked, sheet rocked soaked. Most everything was ruined. Mom just looked at my step-dad and said, "Well, I kept telling you I wanted to redo the kitchen!" He didn't think it amusing either. The good new is that their insurance company actually paid for all but the deductible, so mom got her new kitchen! The insurance company even paid for the electrical, because it did not meet the current codes (could have told them that...the circuit blew if you used the microwave and the mixer at the same time), and the contractors could not complete their work on putting the walls back together without the proper permits!
Bossy...yes, these folks seem to be screwing a whole lot of people! It needs to be put to an end! I'm sure if we all got together, we could bankrupt them!
That is only the statutory damages.One a lawyer adds in the othe
That is only the statutory damages.One a lawyer adds in the other categories it can get intetersting.
Ok another hijacked thread but if u have city water ur usage for
Ok another hijacked thread but if u have city water ur usage for sewer is equal to ur usage for water. So, in other words, if u have a water leak, ur not actually using sewer! So if u contact them they will look back at previous bills and see this HAD to be a leak... Now of course nothing u can do about it now but for future reference....
I've had a few water leaks myself out back in the horse stables... they keep breaking the water pipe to the trouff.
Ang
Cajun...like I said, I bet if all of us who have been screwed ov
Cajun...like I said, I bet if all of us who have been screwed over by LVNV hit them with these violations, we could bankrupt them! Sure, there will be other "bottom feeders" out there, but an action would send the word out! I would say, let's all sue, and put 50% in a fund to help people get out of debt! The other 50% we would use to get ourselves out of debt!
The only problem I have with class actions is the plaintiff's re
The only problem I have with class actions is the plaintiff's receive next to nothing and the lawyer's rake all the fund money in their pockets.It would be better to have 1000 individual suits that they would have to defend against.
You do have a point there! If we do all go after them, we need
You do have a point there! If we do all go after them, we need to go after them individually, but not back down when we do! Go for the max! Like I said....how much extra interest have I had to pay? How much faster could I be/have been out of debt if I wasn't paying all of that interest? Some would wonder what kind of harm has LVNV really caused me...I have a house, a car I like, etc.? There is all of the extra interest I've paid because my credit score was too low for even a slightly better rate! Oh, and let's not forget when the insurance industry started basing your rates on your credit standing (not sure if they are still allowed to do that, or if it was shot down)! I'm sure I've had to pay more there, too! They have intentionally defamed me! And for what? I made good by them, and they continue to make me out as a deadbeat?
I have lvnv funding on my credit report and it reads like this
I have lvnv funding on my credit report and it reads like this
Acct#xxxxxxxx
Acct owner: Individual acct
Type of acct: open
Date open: N/a
date if Last payment:
Scheduled payment amount:$0.0
Date Major delinquency first reported:
Creditor classification: financial
Current status:
High Credit: 4,476
Credit limit:$0
Terms frequency:
Balance:6,149
amount past due:6,149
actual payment amount:$0
Date of Last activivty:n/a
Months reviewed: 12
Charge off amount:$0
Does anyone see anything on here that I can use to fight this? The areas that I left blank so up blank on my credit report. It seems to me that they are missing alot of information. I sent out a debt varification letter today but I need advice on fighting this. Please if anyone can help I would appreciate it. Me and my husband are trying to buy a house and this is stopping us.
To open the ball, dispute the tradeline with the CRAs as incompl
To open the ball, dispute the tradeline with the CRAs as incomplete. That should knock it off for now. But keep an eye on your report.
I have already disputed with CRAs and they came back saying ca c
I have already disputed with CRAs and they came back saying ca confirmed acct was mine. I sent a debt verification letter today, my question is if they can't come back with any of the above missing on my report is this a violation and can they still remain on my report?