LVNV trying to collect on a PAID Debt.
Date: Tue, 11/23/2010 - 20:26
The most recent was sent by a "Lawyers office" in my state, Daniel Gordon PC. I called Resurgent Capital Services ( The first of these boneheads to try to collect the debt after it was paid) and verified the date of payment, amount, and settled in full status of the account. They are going to send me a statement that I paid. I tried contacting the company I paid, but they said they couldn't find me in their system (even though in 2008 when Resurgent tried collecting from me, they were able to send me a letter verifying payment). The person on the phone even verified that their office had referred the account to Daniel Gordon's office.
My question is this: are they violating the FDCPA by their actions? It seems to me like they are misrepresenting the amount of the debt, which is now $0. If so, can I sue each of them for their part, or do I only stick to the one contacting me?
For clarification, they have not called me, since I do not think they have my current number. There have been no threats by them, or harrassment (unless you count being contacted about a debt that you no longer owe as harassment). The most that can be said is that when I called the "office" (aka call center) for Daniel Gordon, they were a little terse when I told them that I had paid the debt and already had contacted the Oregon Attorney General's office to file a complaint.
What are my next steps? I seriously want to make these dirt-bags pay. It would be nice to get some money for my troubles, especially since I had to pay to mail two DV letters, certified mail, to Daniel Gordon. But even if I wasn't to get any money, I would relish the thought that this could cost them much more than the $1500 they got from me, to deal with the complaints or lawsuits.
Your debt has changed hands in the last couple of years. So now,
Your debt has changed hands in the last couple of years. So now, you have to deal with the one who has your account. You should file cases against them.
Not entirely true... You see, LVNV owned the debt. They used
Not entirely true...
You see, LVNV owned the debt. They used Merchantile to collect for them. Merchantile collected a settlement amount, and then, after the account was supposed to be settled in full, the owner chose to farm the debt out to another one of their companies. Remember this--LVNV, Resurgent, and many others are owned by the same people, but maintained as separate entities. In other words, the people that bought this debt KNEW that they agreed to a settlement amount, accepted the payment, and then decided to come after you through one of their other collection agencies for the rest of the original debt. That makes LVNV acting illegally. And knowing LVNV like I do, if you go after this latest CA, they will just send this debt to one of their other CAs down the line. You need to cut this one off at the head. This is because, legally speaking, each of these CAs is independent of the others. So the only company that stays the same is the owner, which is LVNV. Because LVNV owned the debt when you settled, they would have had to agree to any settlement amount. So they definitely knew it was settled. The only issue now is that you need to be able to prove it.
Do you have anything in writing that shows the settlement offer, or that they declared that it was settled in full? Thats what you need. Statute of limitations for filing an FDCPA violation lawsuit is one year, so only those that tried to collect this debt within the last year would be able to be sued. But here's the thing--if LVNV still owns it, you can sue them because they are the ones that sent it to this attorney to try to collect. Thats who I would go after. You have no reason to sue this lawyer.
Mercantile Says they have no record of me in their system. Resur
Mercantile Says they have no record of me in their system. Resurgent said they are sending this to their "investigations department," and that I will hear back from them in 6 days. I have my mom looking up the payment with her credit card. So I'm in somewhat of a holding pattern until I get my documentation.
Unfortunately, I thought this was finished after I proved to Resurgent that I had paid, so I didn't keep good track of the paperwork, and no longer have it. This is before i started coming to these forums, and learning about all the nasty crap these people pull. I will try calling Mercantile again. They were able to send me a letter two years ago when I asked. It's only been 3 years, there is no reason that they should have gotten rid of my info.
I am supposed to call a lawyer back to talk to them about my case Monday. I'll post any new info I get.
The excuse I got from Resurgent the first time I dealt with this
The excuse I got from Resurgent the first time I dealt with this is that my check bounced, so their system still showed it as not being paid. Mercantile took a post dated check from me and ran it through before the agreed upon date. They called me back after that, and I had my mom pay with her CC, and i gave her the money that i was waiting on to cover the payment. I wish i had know then what I know now. I would have owned their butts. Someone should change the satute of limitations on this crap. They have 7.5 years to come after us for a bad debt, and we only get one to go after them for illegal practices?
they dont have 7.5 years to come after you. That is how long th
they dont have 7.5 years to come after you. That is how long they can report on your credit reports. On written contract debts, they have 6 years, but that is only the time that they have in which to sue you. Once that expires they can still legally call you trying to collect, but all you would have to do at that point is to send a certified letter telling them to cease all contact.
Skydivr, I noticed something in your original post. You thought
Skydivr, I noticed something in your original post. You thought that they are coming after me for the rest of the debt that was left over (original amount - settlement amount = left over amount). However, that is not what they are doing. They are coming after me for the original amount that the creditor sold to LVNV. They are acting like i never paid, not like they are coming after me for the balance that was left over after I settled. Sorry that I didn't make that clear.
Thanks for the info on the time they have to come after me. all of this info is very helpful. Thankfully these lowlifes are the last that i have to deal with. I have paid off all of my debts except for my student loans, and I am getting those whittled down fast.
I'm talking to the lawyer tomorrow, so I should be able to see if I have a case or not.
I have all my documentation with the exception of the payment in
I have all my documentation with the exception of the payment info from he credit card, but that should be coming soon.
I'm not sure how this will all turn out, but today I filed a complaint with the FTC against LVNV Funding, Redline Recovery, Daniel Gordon PC, and Resurgent Capital Services. I am also filing against them with the Oregon Attorney General, and I sent my info to a lawyer who is looking at the possibility of a lawsuit.
And before any of you fake LVNV reps get on here and go on about how I should pay my bills and blah blah blah.. I did pay, and LVNV still tried to collect from me 3 times after I paid. So get bent. More details as they occur.
newest info
So tomorrow I go to the Lawyers office to sign paperwork for a lawsuit against LVNV. Not sure how much more I can post about this, other than to say my lawyer thinks it is a strong case. If I can post more, I will. He hasn't even served them yet, and they have already contacted him in regards to the lawsuit. Although if it does come down to a settlement, I'm sure there will be some form of non disclosure clause.