LVNV Funding....new question

Sorry....I have a second question too. Since they contacted me today leaving a message on my answering machine, is this considered first contact and that I should receive a debt collection letter from them in about 5 days? Thanks

Welcome to the community, LVNV usually farms it's accounts out to other collection agencies. WW&R is commonly employed by them for legal measures or simply as a scare tactic.

Also since LVNV is a debt buyer they often have nothing more on the original account than a spread sheet and probably won't be able to produce any sort of validation.

As to your second question, they have not really established contact with you as they were not able to speak to you directly.

I sent LVNV a DV letter cmrrr...8/6/08 is the date validation is due back to me

Did you DV based on your discovering their tradeline on you credit report? Have you received anything from them previously? They do not have a time limit to provide validation. You have a 30 day window to respond to a dunning letter and if your DV is timely, all collection efforts must cease but they do not have to respond.

Yes...it was GE Capital and last payment was either 10/07 or 11/07....I tried to work with them, but they refused and when I tried to explain they hung up on me. They charged off the acct and then I recd phone calls from LVNV and a dunning letter. They gave me 3 different amts due so I sent the DV letter. I guess I have to call WW&R to see if they are retained by LVNV or if WW&R is the CA...I don't know what to expect and I am looking for advice.
I didn't know LVNV did not have to contact me back regarding the DV letter.

If you sent your DV w/in the first 30 days of receiving the initial dunning letter from LVNV(sure it wasn't Resurgent Capital, the CA for LVNV?) then all collection efforsts must cease until validation is provided. LVNV however, has many different CA's they use to collect for them. Their procedure is to send it to one, if that CA is DV'd, they send it to another and so on and so on. If you actually sent your DV to LVNV, and it was timely, then by sending it from CA to CA w/out first providing validation, then that is a violation and actionable by the consumer. If your DV was un-timely, then collection efforts do not have to cease and they never have to respond to your DV. Timely or untimely, they never have a time limit to respond. The factor that works to the advantage of the consumer is timely DV'ing all dunnings w/in the first 30 days to halt collection efforts.

There are some states that do require a response within a time frame, I know that Texas has a required 45 day response time.

The 45 pertains to the CRA's. For CA's and JDB's Texas has a 30 day response time under Chap 392 of the TFC but you have to invoke that right in your DV. Even then, it doesn't really give you that much:

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Thanks for the clarification Nascardevil.

I've been going round and round with LVNV for the last 10 months. They considered my limited C&D a full cease comm so will not respond to me.

I have been dealing with them for over 2 years! They pass it around among their many agencies when you DV them. I would not try to call WW&R and talk with them, you won't get anywhere but frustrated. They are part of LVNV, and just as nasty.

What I have done is, when I sent the original DV letter, no response, I sent a copy of it and a follow up letter stating I was still waiting. I heard nothing for several months, then they passed it to another of their companies. I then sent them a DV letter, along with a copy of the first one, explaining it has not been validated, an have kept this up.

I also sent a letter to one of them detaling the many violations they have broken, such as trying to contact me, giving my info to another company to contact me for a loan, threats, etc.


They are also well know for sending false affidavits, with Allison Moon or some other name, so be careful.

I am a firm believer that you need to pay what you owe, but this company goes after people who never had accounts, don't have the right person, etc..Good Luck..karen

"sure it wasn't Resurgent Capital, the CA for LVNV"

It was Resurgent Capital collecting for LVNV...my dv letter was addressed to all names shown on the dunning letter with an 'etal'. My dv was timely and I have the initialed green card.

I'll have to look at the back of the dunning letter to see if WW&R is listed as a subsidiary or affiliate company.

I just don't have what it takes (balls?) to call WW&R today. I have a mom in a nursing home who is not doing well, I'm working a full time & part time job to catch up on bills AND be able to eat
(there was a time I had to decide between gas for the car and food for me..its a helluva way to lose those excess lbs but I'm sure some of you know that). I'm just not up to being browbeaten by some smartass who hasn't 'walked a mile in my shoes' today.

I sincerely appreciate everyone's help and response.....without you guys I would have no one to discuss this with.

Guest, you don't have to take any abuse from a CA. In fact abusive language is prohibited by the fdcpa. What I do when a CA becomes belligerent with me is I first give them a verbal warning, something to the effect of "listen, I'm trying to be civil and professional here, and as a professional I expect you to do the same" if the keep up I'll tell them that I won't tolerate that type of language, and when they feel they can talk to me like they have some commonsense call me back, then I hang up.

If they call back with the same type of attitude I'll report them to my state attorney general's office and the FTC. Also let them know that you can file civil suit and they (the agent, or the company) can be named as the defendant. If they say they didn't know they couldn't do that, I just tell them that ignorance cannot be used as an affirmative defense in court.

As I said in a earlier post I sent a dv to LVNV, cmrrr. In yesterday's mail I recd a dunning letter from WWR saying basically the same thing as the letter from LVNV and giving me 30 days to respond. I will send a dv, cmrrr. But why the second letter? Does this mean the debt purchased by LVNV from GE has now been sold to WWR...WWR's letter shows LVNV as the original creditor, which they are not.

I don't know why you guys don't just go ahead and file a suit against this company if you have all the evidence to do so. Is there some type of protocol I'm not aware of to file a civil suit for FDCP violations? :?

As I said in a earlier post I sent a dv to LVNV, cmrrr. In yesterday's mail I recd a dunning letter from WWR saying basically the same thing as the letter from LVNV and giving me 30 days to respond. I will send a dv, cmrrr. But why the second letter? Does this mean the debt purchased by LVNV from GE has now been sold to WWR...WWR's letter shows LVNV as the original creditor, which they are not.

LVNV still owns the debt, WW&R are just another CA. When a JDB purchases a debt, they legally step into the place of the OC. GEMB is completely out of the picture except they still have the right to report on your CR's for the full 7.5 years from DOFD. When you DV'd Resurgent and added the LVNV et el, etc, that should have ceased collection efforts and if LVNV never responded with validation, then they have violated by sending ot to WW&R. Unfortunately 1 violation just isn't enough to make a case. I would DV WW&R and LVNV directly, enclose a copy of your original DV and copy of the CMRRR showing when and who signed for it. Remind them that moving the debt from one CA to another without providing validation is a violation. Then file with the BBB, SC AG and your states AG, the FTC and finally the ACA. Get your papertrail together and then, when you have a pattern of willful non-compliance and several documented fdcpa and FCRA violations, you should have enough leverage to make them either disappear or be paying you. Remeber this is not a quick process. A BBB complaint may take 6 weeks or so to resolve, AG's may not be quick to respond, etc.


To answer Shazzers question: BBB complaint went nowhere, filed with AG's and waiting to hear back. I'm in no particular hurry but I will file when I have all the pieces to make a slam dunk case.

A man form WW&R just called and stated they would provide verification, but I said I wanted the validation that I am entitled to under the Fair Debt Act. He said I was making it difficult for myself and that he was willing to make a settlement (one time offer), but if I was demanding validation there would be no going back and WW&R would be demanding the full amount plus 8% interest. He didn't say the 'miranda' right (this is an attempt collect a debt, etc). He just ask me to verify my address. The letter I recd says LVNV is the owner of the debt, but in his call he said GEMB is the owner. I feel the need to vomit.

Did you record? If so hang on to that as it smacks a bit of overshadowing and violated the fdcpa in regards to the "mini-miranda". Not sure where the 8% interest would be coming from though. If it is a CC, it can continue to accrue interest but that sounds like judgement interest rate which would first require....you guessed it....a judgement.

WOW!!! I swear that I wrote that origional post!!!! EXACTLY the same thing happened to me in this past week or so. I sent LVNV a DV letter about 6 months ago, they never responded but sure kept calling, leaving messages, rude when i talked to them and reminded them about the DV letter, and they then sent it on to another of their companies to collect. ALL I want is DV! A few days ago, this WW&R place started in on calling here. I tried calling back but after waiting for a few minutes I hung up.
So LVNV must have had a mass mailing to this WW&R. Great!

I am just waiting for the DV!!!!!!

they just called and i asked AGAIN for a DV. The man stated that they can not do that. I said that I have talked to the AG office and they should be able to produce some type of validation. He disputed the fact and said that they do not do that. That I will be sued unless I pay this bill right away. I said that according to AG and other resources 'yes they can'. He put me on hold and came back saying to call them in 7 days to see if they have the paperwork I requested. He was NASTY!!!!!!!!!! I just want validation!!!!!!

I didn't record because I was at work. I really couldn't speak with the guy...I told him I did dispute and that I would send a dv request.

Nascar...
I noticed that your signature advises TX residents to site federal laws & violations along with state laws & violations. While I agree that one should keep up with both in case one decides to file suit... including fed violations along with state violations opens up the opportunity for the JDB/CA to have the case moved to federal courts. It is usually better for the individual to remain in their own county court.

Do you not agree?

I guess I'm not following you. There's nothing in my signature about violations, only validation per the fdcpa. The TFC gives them a 30 day deadline for providing said validation. Most suits involving debt in TX are being filed in JP courts and district court. If you only request validation under the FDCPA, wouldn't that open up the opportunity for them to move it to a federal court anyway?