Dealing with LNVN
Date: Tue, 09/20/2011 - 20:04
I started DV letters when OC was trying to collect a couple of years ago. I got no response from either OC's CA. Both debts were then sold having never been validated by the CA trying to collect for the OCs. One went so far as to say they were trying, but had not been given the needed materials from the OC (TFC requirement).
I immediately sent DV letters to both new CAs for LNVN. Niether responded again. I disputed with all 3 of the CRAs, and both were validated twice in the last 2 years. They are updated every month as per my credit report from all 3 CRAs. They are listed as istallment accounts with a 1 month term on EX, TR has them as factoring account and open. Some list as disputed and some don't, even though I DVed them some time ago. They deleted off of EQ.
They are all over the place in terms of how they are violating the different acts. I am not sure how to handle them, but would love to cut them off before they try to sue right before the SOL expires.
Any thoughts would be listened to.
I have done well in the local JP courts, but have not been to county courts for a larger debt yet.
If you are sure that the laws are being violated, then you can f
If you are sure that the laws are being violated, then you can file a report to FTC or SAG mate.
First of all, you cannot send DV letters to the OC. Then in the
First of all, you cannot send DV letters to the OC. Then in the next part you have said that:
Quote:
I immediately sent DV letters to both new CAs for LNVN. Neither responded again. I disputed with all 3 of the CRAs, and both were validated twice in the last 2 years. They are updated every month as per my credit report from all 3 CRAs. |
So, if the debts got validated, as far as I understand you should try to pay these off. Moreover, you yourself know that owe these debts. Then it is your duty to pay off these debts. However, if you are low on affordability, you can try out the other debt pay off options like debt settlement or consolidation.
OK
You must not have read the post. I DVed the Collection Agency trying to collect for the OC, which is very legal, as they are a debt collector under the FDCPA and Texas Finance Code. Second I am in Texas, which makes things a little different also.
As far as the second, If a cop writes you a ticket, and then he beats you up because you should not have been speeding, I doubt you would just pay the ticket. They have to act in a legal manner, of which they are not.
I will try to wait for better advice.
Lvnv
Has LVNV been pursuing you since you requested validation of this debt? If you haven't received validation from LVNV, they are prohibited from continuing their collection activity. However, they are not prohibited from reporting the accounts on your credit reports.
I think there is a bit of confusion here, lets see if we can cle
I think there is a bit of confusion here, lets see if we can clear it up.
First, here's what I get when I read the OP's post.
1--he was contacted by CA's collecting for the OC. He sent the CA's validation letters. Neither one validated. The debt ended up getting sold.
2--LVNV now owns the debt. They hired two CA's to collect on their behalf. He DV'ed the two CA's. Neither one validated the debt.
3--He disputed with the credit bureaus. The debts were never VALIDATED--they were VERIFIED. There is a big difference. The CA's verified the debts on the credit reports in response to his disputes with the CRAs.
Incidentally, there may well be a violation of TFC and FDCPA there depending on the order of events. More on that below.
4--he never DV'ed LVNV. So, LVNV is not breaking any laws at this point that we know of.
OK, here's what comes next. You need to DV LVNV. Send them a certified letter requesting validation. By DV'ing the CA's, you are addressing the little fish. By going after the big fish, you make it illegal for them to send a CA after you on their behalf until they properly validate. LVNV also has this wonderful habit of ignoring the laws too, so they end up providing you ammunition for suing them if need be.
You also need to establish the timeline of events. You sent DV's to these two CAs. If the received those letters from you BEFORE they reported to your credit report, then YES, they have broken laws. The FCRA comes into play here too, since it sounds like they are reporting all sorts of different things on your reports. Is LVNV reporting as well?
Quote:
originally posted by mariemegge Has LVNV been pursuing you since you requested validation of this debt? If you haven't received validation from LVNV, they are prohibited from continuing their collection activity. However, they are not prohibited from reporting the accounts on your credit reports. |
This is false. Since you did not DV LVNV, they are not prohibited from doing anything at the moment. It is also false that they can report on your credit report after ignoring a DV request. The Federal Trade Commission has stated that reporting on a credit report IS collection activity....and since it is, they cannot legally continue to report on your credit reports until after they provide the validation you requested. If they report on your bureaus, update their previous reports to show that you still owe the debt, and pull hard inquiries on your credit reports, then they are doing things that are prohibited by the FDCPA--but ONLY if you sent them a DV request and they have not validated it. So, while that doesnt apply to LVNV at the moment because you didnt DV them, you DID DV the CA's do it DOES apply to them.
What I would do at this point is go to www.naca.net and find yourself a good consumer attorney in your area. Many of them offer free initial consultations, so contact one, find one that does, gather up all your proof of DV letters, and all your current credit reports, and go speak with that attorney. The FCRA violations alone could make this worth doing for you, as they are $1000 PER VIOLATION. Know this, though--the statute of limitations for you under federal law is one year. So you could only sue them for what they have done in the last 12 months, but it sounds like you have a bit to go on there.