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Going after LVNV

Date: Thu, 01/03/2008 - 08:06

Submitted by goldenbast
on Thu, 01/03/2008 - 08:06

Posts: 2884 Credits: [Donate]

Total Replies: 91


Well the time has come. These people have absolutely nothing to prove that this alleged debt is actually mine! I know this because I called Weltman, Weinberg & Reis and asked them about it. Basically they ‘ordered’ the documentation over 2 months ago but they have heard nothing, I will just have to wait with them. Um hmm. Fat chance. These bozos had 30 days.

I am sending one last ditch effort letter to LVNV, I figure it will look good to the judge when I haul their sorry butts to court…that I sent multiple letters and made multiple phone calls to try and resolve this issue but that I am being totally ignored, so had no other choice but to file suit. I gave them 15 days. I am through playing with them. Here is the letter I wrote:

Dear LVNV:

On 09/17/2007 I sent you a debt validation by certified mail, return receipt ############# which you signed for on 09/19/2007. In this letter was a demand for validation of this alleged debt, which is my right under Texas Finance Code §392.202. This notice gave you 30 days to provide to me the proper documentation to validate this alleged debt and to cease all collection activity until you have done so.

To date you have violated my rights numerous times and have thus far given a total lack of regard to these rights afforded to me by the state of Texas. Below are the violations:

1. After receiving the demand for validation you assigned the account to Weltman, Weinberg & Reis for active collection. I have the letter from them to prove this claim as well as recorded phone calls.
2. You have validated this disputed account with Equifax (as well as reported it incorrectly despite my pointing out these inaccuracies) I have copies of my credit report from various dates to prove this claim.
3. You have reported this disputed account with Experian even though as yet you have no documentation proving this debt is valid and have reported it knowing it is disputed.
4. Despite my sending you and Weltman, Weinberg & Reis a letter pointing out the above violations (including to send copies of all correspondence as well), your collection agency has once more sent me a letter attempting to collect on this disputed debt. I have also spoken to them on the phone and while they claim they have ordered the validating documents, it has been over 2 months and they have received nothing whatsoever. I have the letter in question to prove this claim as well as a recording of the phone conversation that no documentation exists so far.

I gave you a written notice, required by Texas law (Business and commerce code chapter 17) giving your company 60 days to provide the documentation and fix the credit report inaccuracies or to close out this account and remove the listing from my credit reports. It has been over a month since the date required by the written notice and still I have yet to hear anything from your company and have only further collection attempts from your collection agency acting with your authorization.

Your company is leaving me no other choice but to take you to court. Right now you have violated my rights and Texas Code six times. According to Texas law I can and will take you to court for $9000, which is $500 for each violation trebled according to Texas Business and Commerce Code, Deceptive Trade Practices.

I am making one last attempt to resolve this matter outside the court system. Please remove this un-validated account from my credit reports and cease all collection attempts until such a time as you can provide the proper documentation. I will give you 15 days before you force me to file suit. If I do not hear from you by 1/24/08 my next communications with you will be a court summons. Please note I gave you 15 business days to allow you plenty of time to send me a letter confirming that the account has been removed.

Thank you for taking care of this matter

Goldenbast


I have a question. LVNV Funding is on my credit report. They are not licensed to collect debt in Massachusetts and neither is their lawyer, the one taking me to court. BUT Resurgent Capital Services is licensed in my state. Technically, LVNV Funding is suing me, nowhere does it say Resurgent. Can I get them for that? I am going after them anyway for ruining my credit anyway but having their suit dismissed would be nice.


lrhall41

Submitted by on Sun, 04/06/2008 - 20:03

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I would suggest first checking to see if the attorney handling the case for them is licensed to practice law in your state. Also the best way to take it out of court is to request validation of the debt during discovery (check my signature for a validation letter template, that will give you an idea of what to ask for) if (more like when) they fail to properly validate motion to dismiss with prejudice.

As for getting them for damaging your credit I would suggest reviewing the entries on your credit report from them. If the dates are not correct (if they reaged them), if they are listed as open, revolving, installment loans, or factoring company accounts then you can get them for violations of the Fair Credit Reporting Act.

If you would like a attorney to represent you in this you can start your search with the National Association of Consumer Advocates at: naca.net

If you have any further questions please feel free to ask.


lrhall41

Submitted by JCEMT on Sun, 04/06/2008 - 20:11

( Posts: 2934 | Credits: )


Nope their attorney is not licensed. I sent a request to validate in the past but I failed to send it certified. After I found this site is when I got the lawsuit. I then sent a letter for VALIDATION that I got on here. The lawyer received it but he still hasn't responded. When I first got the summons, I sent a letter denying all allegations till the debt is validated. 30 days later, I get a 30 page request from their lawyer saying I need to answer all questions and bring any billing statements with the account number on them to show it's mine....WTF??? So it sounds like they have nothing on me and want me to show I have the account. I am calling the courts tomorrow and have it vacated, I think thats the term, on the fact they are not licensed.


lrhall41

Submitted by on Sun, 04/06/2008 - 20:59

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If for some reason it doesn't get dismissed, don't sweat the 30 page questions. The burden of proof is upon them. You simply answer that you have no statements, and be sure to request validation in discovery...just sending the letter to the lawyer won't do it, I think you need to go through the court, then they would have no choice but to comply.


lrhall41

Submitted by goldenbast on Mon, 04/07/2008 - 05:43

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Wow, they can't validate so they ask you to. First of all if they received the validation letter before they filed suit there is a counterclaim you can file for $1,000 in statutory damages. Plus punitive damages, attorney fees, and court costs as this suit would be further collection activity which is not allowed per fdcpa.

If they cannot validate this debt then it needs to be dismissed with prejudice. If you read the enclosure letter included with the DV letter you will see that original documentation from that CA is supposed to show that the collection agency in question does own/manage the account. Just because you have documentation on the account does nothing to show that their client owns/manages the account.


lrhall41

Submitted by JCEMT on Mon, 04/07/2008 - 05:50

( Posts: 2934 | Credits: )


If they sent this as a discovery request (and it has been filed with the court) then you would need to bring said documents. However you can use my previous point to show that even though you possess those documents does nothing to show that they have any right to collect on it, which is what validation is in part.


lrhall41

Submitted by JCEMT on Mon, 04/07/2008 - 05:50

( Posts: 2934 | Credits: )


I was typing up my interrogatory and something I found funny. It is 23 questions and most of them are the same.
I never got a dunning letter from them either.
The first letter I got was from LVNV fundings attorney.
On the back has the whole, this message is from a debt
collector. The signature is not had signed and the
guy who wrote up the interrogatories is the same guy.None of the signatures match, they are way off.
That might be something else I have on them. Oh yeah
and the fact that they are not licensed in MA, none
of them are, so I need to call the AG too.


lrhall41

Submitted by on Mon, 04/07/2008 - 10:52

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UPDATE!!!

Guess who called me today? The lawyer for LVNV. They offered me a settlement of $750. I am kind of surprised that they did this. I bet the lawyer explained to them Texas law. :) Finally..I got a response from those jerks.

I am most interested in getting this account off the reports, the money is just....gravy...very tasty gravy heh.

I decided to counter offer for an even $1000, closing of the account, removed from credit report and not to be transfered, sold or collected upon ever again.

They can take it or leave it..I think they will take it from how the lawyer sounded on the phone....suddenly very agreeable and 'helpful'. Ha! Now I don't have to worry about this thing getting appealed and dragging out for months.

So basically I won. Hope Nonsense Collector reads this, would love to see his response, not that there would be, since this is hands down proof that DVing works....the account is going byebye and I get a bit of cash for my troubles.


lrhall41

Submitted by goldenbast on Sat, 04/12/2008 - 04:12

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Wow..um..ok...how did my religious beliefs come out? It is true I am a Wiccan and no, wiccans are -not- satanists..kinda hard to be a satanist when you don't believe in Satan. :)

Anyhow this honestly is not the place for THAT discussion..was just floored that someone mentioned that here......

hmm....

You all do know that burning people at the stake is against the law now yeah? Ok..just checking...:)


lrhall41

Submitted by goldenbast on Sun, 04/13/2008 - 08:21

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I just typed up my letter with intent to sue if they don't respond within 30 days. I also notified them that it has been more than 30 days since I sent a validation letter and I have not heard back from them so I said to drop the charges against me. Is there anything else I should or shouldn't say? Should I tell them that a lawsuit against me is pointless because I am on disability, that I am income exempt? I can redo it if I have to but if someone has some insight on this for me, it would be helpful.


lrhall41

Submitted by on Tue, 04/15/2008 - 20:13

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They won't give two hoots about if you are disabled. The ITS letter may not even work, they completely ignored me until I actually filed the suit and a court date was issued...once they saw I was going to take it all the way, they couldn't settle fast enough. You may have to see it all the way through to get a response from them.


lrhall41

Submitted by goldenbast on Wed, 04/16/2008 - 05:20

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Yes. There was a whole slew of FCRA and fdcpa violations. I chose to ignore those and just focus on Texas laws...since my goal ultimately was to get these accounts removed, I didn't care about the other violations I could have sued on..I chose to go the route that would see me to my goal. That is also the reason I settled for only $1000, I was more interested in getting the account closed.


lrhall41

Submitted by goldenbast on Wed, 04/16/2008 - 06:22

( Posts: 2884 | Credits: )


UPDATE:

wow..am update. Heh. Well I have yet to get the settlement paperwork from LVNV's lawyer. I am starting to grow suspicious and I wonder if they are stringing it out till near the court date, then ask for extra time to 'finish' the paperwork. That will be a firm NO.

I called the lawyer yesterday and asked what the holdup was, she said they have yet to send the signed paperwork to her. I mentioned that the court date was fast approaching and she assured me that she will have it all over to me before the court date.

They try to pull anything and I will take it all the way to court. If they try to stall it for any reason, I will tell them that I no longer wish to settle and they can see me in court.

I can't see why it would take them over a week to sign the papers, it really does seem like they are dragging their feet on purpose.


lrhall41

Submitted by goldenbast on Sat, 04/26/2008 - 08:17

( Posts: 2884 | Credits: )


WOW,incredible.seeing some of the posts besides yours i am not suprised.keep us posted,part of me is thinking stall tactic.don't let them get away with it.you can pull back that settlement.they must not know that.


lrhall41

Submitted by paulmergel on Sat, 04/26/2008 - 10:20

( Posts: 15514 | Credits: )


take it my friend,i just know though if they had won.darn tootin they be on here cackling like
hens.


lrhall41

Submitted by paulmergel on Fri, 05/02/2008 - 13:15

( Posts: 15514 | Credits: )


LVNV fundings attorney who is suing me, I called about what is going on and the guy I talked to, who is an internal collector told me that the attorney who sent me the letters is not the one who is working the case. Is that a violation? It leads me to think that the debt collector sent the letters and a different attorney filed suit than the one who said was going to.


lrhall41

Submitted by on Sat, 05/03/2008 - 20:05

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Since they are suing you, I wouldn't bother trying to talk to them. You should demand validation during discovery and when they can't provide it, you then motion to dismiss with prejudice. I am not so certain that is a violation.

You got a summons right? It should list who is suing you. If you did not get a summons, you make sure to let the court know that.


lrhall41

Submitted by goldenbast on Sat, 05/03/2008 - 22:12

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