How do I remove the wrong information reported by LVNV from my credit?
Date: Sun, 02/05/2006 - 11:45
I have a Home Depot debt on my DR which went into collection back in 2001. To make a long story short, there has been no activity on my part or my ex-spouse's part since 2001. Yet this account, which is now owned by LVNV, shows an estimated date of removal in 2012 (TransUnion credit report). I have not contacted this company to assume the debt nor have I signed any note. I have three questions.
1.Why might the collection company have done this?
2.When does the 7 year clock start running on delinquent accounts- Is it the last time a payment was made on the sccount or the very first time a payment is late?
3. Should I contact the credit reporting agency or the creditor first?
Any info you can give me will be appreciated.
Thanks.
Erinzip, TransUnion credit reports mostly show lots of errors
Erinzip,
TransUnion credit reports mostly show lots of errors in the consumer files. You need to dispute with them and get the exact date of removal. It might be possible that LVNV does not have your account and have hit the credit file without any legitimate reason. To be confirmed, ask from the collection agency for a complete debt validation. If they are not working on your account, they don't have the legal rights to appear in your credit file.
When an account turns delinquent, you will need to check the SOL period as per the statutes of each state. This will make you sure whether the account is still in legal collection period or not. The date of last activity is counted in this matter. After the expiry of the statutes, you just have to dispute on it and need not to make any payment agreement.
The FCRA laws mark the 7 years reporting time beginning from the date of first delinquency. Though the debt might be out of the SOL period, but it will remain in the file till its reporting time has not expired.
You have to contact the bureau first and get the actual standing of your credit. You can also keep a follow up with the collection agency as well.
Account
I would like to know more about this account that Global Vantedge is trying to contact me about they will not give me much info on its origin except that it is a credit card(master card) and they are talking to my wife about the account to my understanding I should be the only one whom they talk to about my account.
Hi Michael Welcome to the forums. There is nothing wrong
Hi Michael
Welcome to the forums.
There is nothing wrong if the collector discusses the account with your wife. This does not result violation because the fdcpa specifically allows this. The collectors have the legal rights to do this discussion.
The FDCPA law also stresses the need of debt validation before making the collection attempts. They are required to give the itemized details of the credit account. If they have not sent you anything, write a letter requesting the info. You should not pay anything or sign a promissory note before you have verified the details.
Regards
Roxette
Debt
I have an account that is closed with LVNV FUNDING but I cant seem to get the right address or phone number to get in contact witht ehm to set up a payment .How can I find them?
Moore,Better Business Bureau maintains a database of US busi
Moore,
Better Business Bureau maintains a database of US businesses. You can run a search for LVNV Funding there. Hope you will get an authentic address this time.
Also let us know if you need any more information.
moore, DO NOT settle for any amount with LVNV. They are a ju
moore,
DO NOT settle for any amount with LVNV. They are a junk debt buyer. This will not help your credit one bit, Indeed, they'll most likely report that you have confirmed the debt, and it will start the clock running again on the statute of limitations. You morally nor legally owe them anything. Any payments will do nothing but enrich them.
LVNV Funding LLC
Recently recieved notice that I am being sued by LVNV, from an old sears bill that I was unable to pay in the past due to losing my job, completing my education and trying to raise my child on supplemental security income and child support. I don't want to go to court, but these people are not only trying to collect sears debt but charge all kinds of fees and interest. I'm not sure what to do. I spoke with a lawyer that said I should just offer to pay them $25. a month and go from there, that they would have to accept it even though they want more...I would pay them but I don't have the full amount and It has been more than 3 years--I think--btw I live in TX. It seems that these people are out to screw everyone. Can you give me some info about how to resolve this? As I said, I don't want to go to court.
Thanks
Suze
Suze, first you need to know if LVNV Funding is having your acco
Suze, first you need to know if LVNV Funding is having your account details in a legal way. Ask them for a debt validation so that you are sure that the original creditor has hired them for this collection. If you have problems in dealing with the CA, you can explain your problems to the OC and make arrangements with them. If the account is sold to LVNV, you might have to make payments to them only.
After you have verified the details properly, offer them a realistic amount that you can pay. Be sure that you won't default on these payments. Some companies are unwilling to accept lower payments but if you can prove that you have always tried to send the money and make the required payments, you will be always in the safer side.
Leisa,You have to contact with LVNV Funding and forward your
Leisa,
You have to contact with LVNV Funding and forward your request. This is debt consolidation Care and has no connection with them.
LVNV is a collection agency. Perhaps any of your accounts have been transferred to them. You can collect their contact details from BBB website and clarify the issue. Keep us posted.
IF you own a house(but still paying it), in MD and I have some u
IF you own a house(but still paying it), in MD and I have some unpaid credit cards, can they take my house? And do the cards have to be secured loan to do this? Thank you..
Quote:can they take my house? Who are you talking about, the
Quote:
can they take my house? |
Who are you talking about, the credit card issuer or the lender of your home loan? Also what is the status of the credit cards and the home loan?
LVNV
I despertatly need some help regarding this company. I have been reading some things regarding this debt collector. I have 2 accounts w/ them as the holder they are collection accounts but they are reported as major accounts, also they are really old from 1999 and they say they are open. Can anyone tell me why they would report them open. And if this is a very good dispute I can take up w/ TransUnion.
Can anyone help me w/ some info.
Thanks A Lot
Denise
Denise, Are they listed with TU only? What is the status and
Denise,
Are they listed with TU only? What is the status and what is the date of reporting?
Did you pay it in past? If yes, when? I am asking this because you have to check the SOL of your state. Once the SOL is over, a debt is legally not collectible any more.
Credit Repot/LNV Funding
It is on all 3 of my credit reports. I do have it for 2 accounts that are on my credit report, they are showing as accounts and open and balances but the last date of activity is showing August of 1999. and once is showing date of activity in 2003 I do not remember any activities. Regarding the SOL I live in Michigan and I have dates of last activity for accounts w/this August of 1999 is this past the SOL, I really need some help. I am honestly trying to find some help for the accounts I do plan on paying, because they are current, any suggestions.
Thanks
Sincerely
LVNV is sueing me and I have never heard of them before
I recevied a sums from the A cirut court in from the county I do not live in saying that this company is suing me. I come to find out it is for outstanding sears bill which had belong to a different credit collection company. I did not know that this company had even had it. What can I do about with this with out going to court. I am willing to make payments on a monthly bases but I can only afford a certain amount. The last credit collection who had this account kept saying I had to pay them alot of money each month that I could not afford. They even had said that they would take a lein on my home if they had to I do not like being treatin or scared into doing something I can not afford. At present I am also trying to pay off three other credit cards who are willing to work with me on what I can afford to pay. What I would like to know is this I have not heard from this company before and would like to try to solve this before the court date which is this April. What can I do to resolve this. Thank You
Denise, It seems that the accounts have some outstanding bala
Denise,
It seems that the accounts have some outstanding balance that you haven't paid so far. And unless you clear up the balance and request them to close the accounts, they won't report it as closed.
If you disagree with the DOL to be 2003 as reported against one of you account, you can dispute it. SOL starts on the DOL and once SOL is expired, the debt is not collectible legally. However, debt collectors can still try to collect the debt.
This collection agency LVNV is not there in your report? If yes, what is the date of reporting?
And Carol, I would suggest you consulting a lawyer first. It won
And Carol, I would suggest you consulting a lawyer first. It won't be good to ignore it. If you don't appear in the court, they will be awarded a default judgment without any defense. So consult a lawyer.
Creditors sometime prefer to use the SOL of the state they belong to. It seems you have tried to make payment arrangements in past but they did not accept it. So the judgment might go in your favor.
You can also go for an out-of-court settlement if you don't want the judgment to enter your credit report. In that case, call them up and offer a settlement amount. But they might not accept any payment plan any more.
Check out the site for SOL noted in this forum. You may be out
Check out the site for SOL noted in this forum. You may be out of sol and therefore can request that they leave you alone and cancel this debt as well as remove it from your report
LVNV
Curly Carl,
This company is in my credit report, and they are reporting under an account, I do believe they are a collection agency can they claim this as a open account with a DOL of August of 1999. I do believe ca's can not claim a open account on a credit report, I really need clarification on that. On my credit reports for some credit bureau or any account, if it shows dol as August 1999, can I disupute this being 7 yrs and would it come off my credit reports. I really need you help and info.
Thanks Sincerely,
Denise
Jugement of LVNV
Curly Carl, Since this is not the same company that I was dealing with in the past what chances do I have. Getting a lawyer is hard for me do. Because of my job I can not just take time off to look for one. I only got this sumes from the court on Frday 03/31 and they want me to appear in court on April 11, this is not long enough or fair for me to get the help I need to get. If I can settle without going to court I don't have the money to pay this debt off. I can not get a loan either, If I can pay them a certain amount for a year and then maybe I could get a loan to pay them off. I would like to get this solved without going to court. Do you think that they may willing to work things out. Thank You for your help.
Denise, collection agencies can claim the amount any time, even
Denise, collection agencies can claim the amount any time, even after 20 years. But if the SOL has expired, no legal action is enforceable against you. Hence you can deny to pay it.
Now SOL starts from the DOL and it differs among states. So you have to check how long your SOL is with your state laws. Or visit this page to find it out-
http://forums.debtcc.com/forums/sol-info.html
Now, if the item can be removed from your credit report or not depends upon the rules of FCRA. Bad credit reporting time is 7 years. So you have to locate the date on which the collection thing entered your report. If it was in 1999, then you can dispute it with credit bureaus and ask them to remove it.
Carol, I suggested you to consult a lawyer because if you fail t
Carol, I suggested you to consult a lawyer because if you fail to appear they might be awarded a default judgment. They might be interested in out-of-court settlement. Is there any contact number listed on the court papers? Why don't you call the number and tell them about your financial difficulties. They might accept your payment plan.
LVNV Funding and Phillips Cohen Associates
I called today to try to work out a payment arrangement on an old Sears debt, and the guy at the law office let me know from the get-go that no arrnagements other than payment in full ($10,000) will be good enough. He said even if I agreed to pay $1000 for the next 10 months they would not accept.
Do I have any recourse? I don't want my wages garnished. Please help.
Guest, have you gone through the debt validation stuff already?
Guest, have you gone through the debt validation stuff already? Have they validated your debt satisfactorily? It won't be a good idea paying them without having some written document in your hand.
However, paying $10,000 at once is quite a big deal, send them a letter and mention clearly how much you can afford per month. Hope they will accept it. If nothing is of any avail, consolidate the debt. I assume it is within the SOL time frame.
Guest-CurlyCarl is right,do the debt validation,make sure it is
Guest-CurlyCarl is right,do the debt validation,make sure it is not out of the SOL period. I,too, have had dealing with LVNV
I personally wouldn't pay them anything. In your validation let
I personally wouldn't pay them anything. In your validation letter, ask them how much they paid for the debt. Of course, they buy in bulk, but as to that $10,000 "debt", they paid less that $100 on average. Now you van see why the term "extortion" has been used to describe them. Definitely find out the SOL for your state. You said "old Sears debt". LVNV and the Con Law Office are infamous for trying to shake down people for debts that they are no longer legally obliged to pay.
In your letter (sent certified, return reciept) demand 1) how they arrived at the figure, 2) competent proof that you're contrctually obligated pay this.
--Don't-- make any hasty decisions. This company moves very slow indeed. When you send them your letter, they're just as likely to re-assign the "debt with some other collector, and you'll have to do it all over again. This is because they cannot proove that you are contractually obligated to them and really can provide no proof at all.
Debt Sold
Hi, I have a outstanding debt with Best Buy from 1999. My credit report shows it was sold to LVNV funding in 2000. I live overseas now but they have gotten my mom's phone number and are calling her every other day. She tells them I don't live there but they still keep calling. I have two questions:
1. How can I get them to stop calling my mom. (she has given them my number but they don't call me)
2. How long will this show on my credit report?
p.s. Is there a glossary? What is "SOL"?
Thanks, Raul
Raul, ask your Mom to send them a Cease Comm letter. It should b
Raul, ask your Mom to send them a Cease Comm letter. It should be clearly written over there that the person they are looking for does not leave there, hence they should stop calling her.
SOL stands for statute of limitations. Once your account is past SOL, no legal action is enforceable to collect this debt. Different states has different SOL. Collection is a negative entry on credit report; it will stay there for 7 years from the date it was reported.
Thanks, Does the SOL apply in the state the debt was incured
Thanks,
Does the SOL apply in the state the debt was incured or where LVNV is located?
Would there be any benefit to settling with them? I don't live in the US nor do I plan to in the future. The debt was originally 2200. but now they show I owe 3500. I guess they're charging interest.
Thanks, Raul
The SOL applies in the state where the debt originated. As per t
The SOL applies in the state where the debt originated. As per the laws in your state, if the debt is out of the SOL period, you won't be under any legal obligation to pay it. And since, you are not planning to return to US within the recent times, no actions can also be taken against you.
Last question
The debt was from California and the SOL is 4 years. Should I just send a Cease Calling letter and forget about it or should I also send a Expired Statute of Limitations Letter?
Thanks, Raul
Regarding the SOL, credit cards and other such accounts apply to
Regarding the SOL, credit cards and other such accounts apply to the state in which you are now a resident. Other loans, such as bank loans, secured loans etc. can be filed in which ever state the collectior benefits most. If you are out of the country LVNV (extortionists that they are) are completely out of luck. I've come into contact with various American lawyers who even believe that American law applies to foriegn nations as well. If you are abroad, there absolutely nothing they can do.
As to your mother, tell her to send a cease communications letter (certified, return reciept). She might also consider having her number changed to an unlisted number (and unpublished) for the time being.
No, don't even think about paying anything to LVNV. They are a debt purchasing company. They payed less than $10 for your alleged debt and they are trying to shake down you for the full amount. Sound like extortion? Yes it is. Most people just don't prosecute.
Thanks for your help and support. Is there a "template" to cr
Thanks for your help and support.
Is there a "template" to create a proper verification letter?
Also, my notice states I must dispute "30 days from receipt of the notice". This is 30 days from my recipt and not 30 days from the date it was dated- correct?
Thanks again
Raul, Indeed it is illegal for them to have been contacting y
Raul,
Indeed it is illegal for them to have been contacting your mother and discussing the debt with her. It is illegal for collectors to discuss a debt with third parties, other than your spouse.
I found the templates--sorry I messed up and posted the same req
I found the templates--sorry I messed up and posted the same request more than once.
Release of Debt
A payment in full was made to lvnv funding llc on 10/12/04. As of today the judgement filed against me on behalf of Sears is still not updated as Paid. I have contacted all 3 credit agencies and I have been told that LVNV needs to send a notorized form to the court house to state that 1. they took over the debt for Sears and 2. the item has been paid in full. As of today I still cannot get them to resolve this matter. What else can I do to get the information updated?
David, don't you have any document of payments made in 2004? It
David, don't you have any document of payments made in 2004? It seems Sears got judgment against you. When did you pay to LVNV then? Did they collect the judgment?
LVNL
My boyfriend and I are going for a home loan. The loan processor asked me about an account on his credit -- LVNV Funding for MCI--saying it is in collection for 294.00. I asked him about it and he doesn't ever recall carrying MCI. I did a search on LVNV and am reading nothing but what sounds like scamming by them. Can someone simply tell me who they are and what I need to do to find out if this is legit. I would appreciate any input.
LVNV is a collection agency. If you think the item to be incorre
LVNV is a collection agency. If you think the item to be incorrect, dispute it with credit bureaus. And send request for validation to LVNV. You can find SOL for Texas here-
http://www.debtconsolidationcare.com/forums/sol-info.html
Lori-First,like CurlyCarl said, you need to find out if this is
Lori-First,like CurlyCarl said, you need to find out if this is your debt,do dispute it if it isn't. If it is,you can send a debt validation letter(refer to past forum postings on this topic) and see if it is out of the SOL period. LVNV are junk debt buyers with several companies under the umbrella. I am dealing with them and they are not helpfull,not willing to work out payments, very rude and have broken several fdcpa regulations,so get ready for them. If you do send a DV letter,also send a cease and desist letter to only contact you by mail. You won't get anywhere with them on the phone. Maybe you'll be lucky and this won't be your debt and you can dispute it and get it removed! Good Luck--Karen
first step
i received two letters from LVNV . THE FIRST ONE wants me to pay an old debt that is delinquent since 2001. after the first letter that they assumed that i received, they've calling my job talking rudely to my supervisors, asking them question about me. today, i received a second letter in which they offer a settlement on the amount owed. i have not answered them. what is the proper way to handle this situation?
Hi dreadla As it applies on all collection agencies, LVNV Fun
Hi dreadla
As it applies on all collection agencies, LVNV Funding has to validate your debt in writing with accurate details. Don't make any payment agreement until you have reviewed the details. You need to know for sure whether the company has the complete info. Request the following details in your debt validation letter:
http://www.debtconsolidationcare.com/validation.html
Send your letter through certified mail with return receipt requested. Once the company receives your request, all collection attempts must be stopped until they give you the details.
Meanwhile, check the date of last payment activity in this account. Since this account went delinquent since 2001, it might be out of the SOL period. If it is past, you can't be forced to pay the account and no actions can be taken against you. Check the laws in your state before you decide on this factor.
Hi dreadla When you send a debt validation letter to the coll
Hi dreadla
When you send a debt validation letter to the collection agency, the details of the account should be given to you in writing so that you can identify the creditor for which they are collecting. During this period, the CA will not call you until the debt has been verified.
If the company shows no response within 30 days, you can explain in writing to the credit bureau. The CRA will run an investigation with your information providers and know the actual scenario. If your dispute is found correct and the account was reported inaccurately in your file, it will be deleted and a copy of your credit report will be sent to your mailing address.