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Debt Validation

Date: Tue, 03/17/2009 - 08:57

Submitted by kjgarofa
on Tue, 03/17/2009 - 08:57

Posts: Credits: [Donate]

Total Replies: 11


I just wanted to post on the website and see if people could give me some ideas about what to do. I've been contacted by Resurgent Capital Services, Aegis Receivables Management Inc., and Allied Interstate all trying to collect on a debt for LVNV funding LLC in the amount of about 300 dollars. Allied Interstate has told me that Old Navy was the original creditor but Aegis and Resurgent have said that GE capital. I have never heard of GE capital and have not used my Old Navy account for 3-4 years after I canceled it. The Old Navy card had been used only once and was paid off. I sent a debt validation letter to all 3 agencies which I got from your website which basically asked for :

What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

Resurgent was the only agency to respond so far, but all they sent me was:

"Account Number XXXXXXXXXX for XXXXXXXXX acquired from GE capital is now owned by LVNV Funding LLC. At the time the account was acquired from GE Capital, GE Capital advised that the balance owing was $236.36. Since that time, additional interests, fees, paymens, credits, and offsets, iff applicable, have been allowed, for a current balance of $304.41.*

*Please note that any additional interests, fees, payments, credits and offsets made within the past 30 days may not be reflected in the above mentioned current balance."

Does this count as debt validation? I plan on sending them another letter because this means nothing to me. I have no idea what company GE Capital is and cannot seem to find a website for them. I have looked up all the collection agencies trying to contact and have found that they seem to have disreputable reputation. I'm not going to pay a cent until they can actually tell me where this debt has come from, and how it has gotten to be $300 dollars and climbing.

I would appreciate any information you could give me on this.


good info vlad.if you do a search in the box under LVNV and RESURGENT you will find alot of other info.do not accept that as validation.as vlad advises re-send your DV letter with a side note that you do not accept that as validation.send it certified mail return receipt.


lrhall41

Submitted by paulmergel on Tue, 03/17/2009 - 12:48

( Posts: 15514 | Credits: )


I just made a post before I saw this one. I received a dunning letter from Resurgent today. Had the exact same "original validation of debt". Not even on any letter head! Something anyone could type on a sheet of paper.

No way just listing an account number, alleged amount due and saying LVNV owns the account now on an otherwise blank sheet of paper could be considered an adequate debt validation!

DV on the way!


lrhall41

Submitted by arb on Tue, 03/17/2009 - 17:33

( Posts: 147 | Credits: )


GEMB GE Money Bank was the servicer of Old Navy so GEMB is the OC. I've recieved the same garbage validation from LVNV. Follow up DV and inform them you will not accept anything on their letterhead as validation. They'll respond with another form letter spouting the Chaudrey case and what constitiutes validation.


lrhall41

Submitted by NASCAR_Devil on Wed, 03/18/2009 - 05:44

( Posts: 4671 | Credits: )


It also depends on what state you live in. In Massachusetts, #

A debt collector shall provide to a consumer or any attorney for a consumer within five business days the following:

(a) All papers or copies of papers, in the possession of the debt collector which bear the signature of the consumer and which concern the debt being collected;

(b) A ledger, account card, or similar record in the possession of a debt collector, which reflects the date and amount of payments, credits, and charges concerning the debt.

Read 209 CMR 18:18


lrhall41

Submitted by on Wed, 03/18/2009 - 05:52

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I have been receiving conflicting letters of debt validation. First they said I was clear and would be removed, now they are sending this bogus letter saying how they obtained the acct. from another collector and it doesn't validate squat. Has anyone actually had their account dinged because of these jokers?


lrhall41

Submitted by on Sat, 08/01/2009 - 15:04

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