Debtconsolidationcare.com - the USA consumer forum

lVNV tactics

Date: Tue, 01/08/2008 - 09:05

Submitted by JCEMT
on Tue, 01/08/2008 - 09:05

Posts: 2934 Credits: [Donate]

Total Replies: 20


One thing I was never clear on. As most of us here know companies like LVNV never collect for themselves, they just farm it out to other CAs. When you request validation from one CA does that only bind that CA to cease collection activities until validation is produced or does it also bind LVNV?


They will continue to do that. I have sent probably 5 or more,would have to count them, out to their many agencies! They eventually farm it our to their attorney/collecotrs- I DV'd them too- wrote in theirs that I had sent many rquest to them, and spelled out violations that had done--they farmed it out to someone else!!..karen


lrhall41

Submitted by Bossy4455 on Tue, 01/08/2008 - 09:30

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Yeah they did-- didn't know about that until I found this site!! When we first started, I went to the bank to borrow money to pay them off- not knowing anything. The bank refused-and we had excellent credit with them--they said LVNV was reporting! That started my journey with them and me finding the site!!..karen


lrhall41

Submitted by Bossy4455 on Tue, 01/08/2008 - 09:43

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I did the same thing, I DVed LVNV and they farmed it out...but I think (this is my opinion) that since LVNV is the one who owns it, they can farm it out all they like, but the burden of proof still rests with them unless they sell off the account. Just 'hiring' another company to do the job for you is still being done BY you. At least that is the argument I am going to use when we go to court.

Heck, its what I put in the letter to Weltman....I basically told them that it was all fine and good they are collecting for LVNV but LVNV is on a deadline and they just joined that deadline. :)


lrhall41

Submitted by goldenbast on Tue, 01/08/2008 - 10:47

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Yes, Bast, I'm really curious to find out myself.

Logically, I would think LVNV would be bound by the debt validation letter, regardless of what CA they are farming the collections out to. Because they are the ones claiming ownership of the account, if you DV'd them at one CA and they moved it to another, LVNV would still be, in my opinion, bound by the DV.

Of course, I'm not an attorney nor do I play one on TV. So what do I know?

However, if I am correct and LVNV is bound by the DV, regardless of the CA, aren't they violating the fdcpa by this chicanery? I think this question was raised on another thread in this forum, and I don't recall if it was ever answered.


lrhall41

Submitted by FloridaRon on Tue, 01/08/2008 - 12:46

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Funny thing is, if LVNV were doiong this to me, I would definitely DV all the CA's they ever sent the debt to. Hey, I'm unemployed and I have plenty of time on my hands. I wouldn't be surprised if the debt were to eventually end back up at a CA I had already DV'd, I would just send them a photocopy of the letter I already sent along with proof of receipt and ask if they want to settle out of court for violating the fdcpa, or should I go ahead and contact an attorney?

I also think it is really important to DV a CA that is being used by LVNV, just to make sure they are currently authorized to be collecting on this. The debt may have been moved by LVNV to another CA and you might find, after you made a payment(s) to this CA you should have been paying another. Then you would probably be out that money as the first CA wouldn't refund it.

Likewise, I do think it is important to DV all CA's that attempt to collect on you!

I think they issue was raised about validation being a stalling tactic. On the contrary, in the past few months I have learned how important it is. A CA may be attempting to collect on a debt they don't have authorization to collect on, or that simply doesn't exist.

I don't know about you, but I don't just send what little bit of money I do have to whoever asks for it. Anyone can call me and say they are collecting on a debt and tell me I need to give them money. My job is to make sure the money I do give is actually going to end up at the right company. And the way LVNV runs things, the chances increase dramatically for the money to not end up at the right place.


lrhall41

Submitted by FloridaRon on Tue, 01/08/2008 - 13:07

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I think there is different ownership. The companies that are under Sherman acquisitions consist of:

LVNV Funding, LLC,

DBA: Resurgent Capital Services, LP

Dba: Alegis Group, LLC

Aka: Sherman Financial Group, LLC

aka: Pinnacle Financial group

Fka: Sherman Acquisitions

Aka: FNBM, LLC

Aka: Ascent Card Services

Aka: Ventus Capital Services

Aka: Performance Recovery Group

Aka: Receivables Management Solutions (not sure about this one, not confirmed but it is suspected)


lrhall41

Submitted by JCEMT on Tue, 01/08/2008 - 13:36

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They remain during dispute (not sure if they can continue to report as I'm still unclear on that myself) the only time they have to remove from your CR is when the 7 year reporting period is up for the original creditor, if they are ordered to by a court for some reason, or if the debt gets sold to someone else.


lrhall41

Submitted by JCEMT on Tue, 01/08/2008 - 14:21

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