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Collection agency never sent notice

Date: Wed, 12/28/2011 - 20:43

Submitted by mstila
on Wed, 12/28/2011 - 20:43

Posts: Credits: [Donate]

Total Replies: 7


I recently started to clean up my credit. I noticed two credit cards that were charged off in 2006 that I don't recognize. LVNV own the accounts now. They just started reporting back in September of this year. I never received anything from LVNV or Resurgent in the mail about these debts. I never got a call from them either. I disputed the debts with the credit bureaus and my results from on credit bureau is that the accounts have been updated. I sent a debt validation letter to them. I haven't heard anything back yet. Are they supposed to let you know they have the debt and to give you 30 days to respond?


This is the second time that I have seen you posting bad information on our forums. You really need to pay better attention. OP already stated that they sent a DV request letter to the debt collector, so why on earth would you tell OP that the debt collector has to send them a "validation letter" and that they have 30 days to dispute?

In case you dont get it yet, OP already sent the "I dispute this debt, please validate it" letter. So, OP no longer needs to wait for what you call a "validation letter"--which is actually called the initial dunning letter in real life. In that letter, the debt collector must notify you of your right to dispute. It is in that letter that they must state that you have 30 days in which to dispute....and again, OP already disputed it with them after OP's dispute with the credit bureaus.

Here's a free tip for you--some of us actually care about this forum and the good it does for people. If you are not going to be bothered with even reading the original post before you try to hand out advice, then you should simply move on to another forum. To date, you have already been arguing with forum moderators, and this is the second time you have handed out improper advice. Do us a favor and make it the last time you do either. There's nothing wrong with reading the post before you try to answer it, and there is also nothing wrong with not posting when you dont know what youre talking about. And for the record, if I see you arguing in a thread with a member of the moderation staff here again, I will do everything in my power to make sure that you are no longer allowed to be a member of this forum. We have a purpose here, and trying to boost your ego against the staff here is not it.


lrhall41

Submitted by skydivr7673 on Thu, 12/29/2011 - 02:16

( Posts: 2036 | Credits: )


Quote:

Whoa...chill skydiver!!! For a record, I don't have anything against anyone.
Then stop acting like you think you have the right or reason to continue. Moderators are human, and certainly not perfect, but stop pushing the issue when one of them tells you something. If you do not agree with what they posted, send them a private message and ask for clarification. Do NOT do it in a thread.


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If you must know, I visit the forums quite regularly. I read your posts whenever I get some time.
Then I shouldnt have to tell you about our private message feature, and when it is appropriate to use it....should I?


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I am amazed with your and other moderators' knowledge. In the previous case, I was really confused. Two experts were telling 2 different things. The moderator cleared my doubt and I am grateful to her. I just wanted to clarify my doubt. Nothing else!!!.
Sorry, not buying that for a second. She clarified her position with you quite plainly, and then you felt the need to try to support your position further because you went looking and found someone else who used the term you thought was correct. Soaplady is an expert for a reason, and you posting what someone else said over 2 years ago doesnt change her expertise....even so, once you got your clarification, you should have stopped there and let it lie. There was no legitimate reason for you to keep pushing in a public thread. You can say all you like that you were "confused", but your actions show something different.

I will say this once, and only once. The moderators we are talking about are a massively valuable resource. The amount of knowledge that those people share every day is astounding. We are volunteers--this isnt our job. And when a moderator gives instruction, that should mean something to you. If it doesnt, then kindly find a new forum to populate. I am not going to tolerate ANYONE getting into these kind of issues on this forum. I hope I have made myself clear. If you wish to engage in respectable debate on something, feel free. But when told something, you dont need to work to try to prove yourself right. They are the experts, you are not. Fair enough? And again, if you do have the need to debate like you did, take it to PMs.


[QUOTE]Quote:
Are they supposed to let you know they have the debt and to give you 30 days to respond?
In this case, I have specifically given the answer in respect to this question.[/QUOTE]No, actually, you didnt. You gave a cardboard cutout answer and it is not at all the reality of the debt collection world today. They are SUPPOSED to send this letter, but they have not. You left out basically all of the true information about debt validation. Yes, they are SUPPOSED to send this letter. No, LVNV usually doesnt send one. Yes, it is a violation of federal law for them not to. Yes, LVNV is in violation right now, more on that in a minute. And no, it is NOT true that "collection agencies need to validate the debt". They need to validate it only when two things happen--

1--when they receive a debt validation request IN WRITING from the consumer.
2--when that written request is sent within 30 days of initial communication between the debt collector and the consumer.

If youre going to give information, please give correct information.

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Usually, the collectors are supposed to validate the debt. Am I wrong in thinking this?
See above.

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I have read the post. I know that the OP has already sent the dunning letter to the CA.
"The OP has sent a DUNNING LETTER"??

This is one of the reasons why I questioned you. You are posting in a manner that shows that you have no earthly clue what you are talking about. And on its face, there's nothing wrong with not knowing things--we all were there once. But for you to openly challenge moderators when you have such a lack of knowledge on the matters at hand, well, thats what I have a problem with.

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I am sorry if you feel that I argue with each moderator. I have no such intention. :(
If that is sincere, then we have no problem. But you can show me that it is sincere now--you can prove it in the way you handle this thread.

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OK, so, my question to sky is, if LVNV is reporting on the credit report, but they never sent a dunning letter, isn't that a violation of the FDCPA's 5 day rule?
ohiogal and paul, the answer there is "yes" and "no" Yes, by the strict letter of the law--the FDCPA--reporting on someone's credit report definitely qualifies as a "communication". Yes, if you structure it properly, you can win on that point. I have advised people before to include just such an occurrence in countersuits...and I have seen people win on it. Oddly enough, an attorney I know once told me that you cannot win on that because the CA only needs to show that they have a system in place to send out dunning letters, not that they actually sent one to you....but I dont buy that. The FDCPA makes it clear that they are required to SEND it, not that they must be capable of sending it. It is a matter of the judge that you present it in front of, but in my mind and experience it is a violation, and with a company like LVNV that does this, I can easily paint a picture for the court of a debt collector that is out to get money and does not care about what they do to people in that process. I have never advised that someone go after this violation and had them lose on it.

I do not see this as an FCRA violation because they are not ignoring a previous dispute before they reported, and the standard set by the FCRA for reporting is less than the one set by the FDCPA.


lrhall41

Submitted by giselle.andrewss on Thu, 12/29/2011 - 03:42

( Posts: 9 | Credits: )


[sigh] Giselle,

First, a dunning letter is sent to the debtor from the collector, not the other way around.

Second, if the debtor has already sent a dispute letter to the collector, your point is moot.

Please do some more research before you try to give advice.


OK, so, my question to sky is, if LVNV is reporting on the credit report, but they never sent a dunning letter, isn't that a violation of the FDCPA's 5 day rule?


lrhall41

Submitted by OhioGal1 on Thu, 12/29/2011 - 06:27

( Posts: 5253 | Credits: )


that's a good point ohiogal.while i want to see how skydiver responds.i think that the OP should wait for the response,or lackthereof from LVNV as this is a complete bottomfeeder.i also think that if the OP chose to pursue it they do have a case as far as FCRA,and FDCPA violations,but as stated LVNV is well versed in these kinds of actions.


lrhall41

Submitted by paulmergel on Thu, 12/29/2011 - 06:46

( Posts: 15514 | Credits: )


I cannot find my original post. Where is that? Please contact the admin and retrieve my original post. You have edited my post and written your own statements. You???re a senior moderator here. So, does this kind of activity befit you? You have no right to manipulate others??? post. This much ethical sense is expected from everyone, especially the moderators.

Quote:

Moderators are human, and certainly not perfect


Yes, I know moderators are not perefect. This is obvious from the way moderators are dealing with the new forum members. I thought this forum helps everybody. The new members may have some doubts. They may make some mistakes also. But, I have never thought that the moderators will harass new members like me in such a way.

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I will do everything in my power to make sure that you are no longer allowed to be a member of this forum.


What a threat!!!

Moreover, if moderators were perfect, then 2 experts would not have said different things.

Quote:
If you do not agree with what they posted, send them a private message and ask for clarification. Do NOT do it in a thread.


The same thing applies to the moderators also. Am I wrong? As you have said, if you have to say anything, then please send me a PM.

Quote:
Soaplady is an expert for a reason, and you posting what someone else said over 2 years ago doesnt change her expertise....


I have not doubted Soaplady???s expertise. It is you who are telling this. In that particular thread, I have only mentioned what others have said.


Quote:
You can say all you like that you were "confused", but your actions show something different.


What wrong if I was confused? If I was confused, don???t I have any right to clarify it? I have only told what other forum members have said. What wrong in it?

Quote:
If you wish to engage in respectable debate on something, feel free. But when told something, you dont need to work to try to prove yourself right.


Does this mean that whatever the moderators will tell us, we should accept it as it is? We don???t have any right to clear our doubts. If we do, then we???ll have to say ???good bye??? to the forum. By the way, you only told that moderators are not perfect, right? So, moderators do make mistkes right? So, in that case, we???ll have to keep mum.

I have taken a snapshot of this thread. So, please don???t edit or delete this thread. This forum is for everyone.

geez,you have an major attitude problem.btw deleting,editing,and locking posts/threads is a mods ability and right.which i'm exercising now.take your "tude"elsewhere.paulmergel.


lrhall41

Submitted by giselle.andrewss on Fri, 12/30/2011 - 04:28

( Posts: 9 | Credits: )


Quote:

I cannot find my original post. Where is that? Please contact the admin and retrieve my original post.
0

Do you need a box of kleenex or something? your post is precisely where you left it, not one letter of it was changed. Geez, stop whining already. Now youre complaining when nothing wrong was done.
Quote:

You have edited my post and written your own statements. You???re a senior moderator here. So, does this kind of activity befit you? You have no right to manipulate others??? post. This much ethical sense is expected from everyone, especially the moderators.


The fact that I am a moderator here means I have EVERY right to edit a post, and thats because when people like you post irrelevant, false, or misleading info, we need to address it. And when someone like you shows up in multiple threads and tries to go to battle with multiple mods in those threads, it is our responsibility to make sure it is addressed. If you do not want the attention of the staff here, then try following staff instructions. Is that really that difficult for you?

Quote:
Yes, I know moderators are not perefect. This is obvious from the way moderators are dealing with the new forum members. I thought this forum helps everybody. The new members may have some doubts. They may make some mistakes also. But, I have never thought that the moderators will harass new members like me in such a way.


Giselle, seriously, get over yourself already. There is no "harassment" going on here. The problem is that you seem to think you dont have to follow what the staff here says. Wrong answer. For someone who claims that it isnt your intention to go to war with the mods, you sure have a funny way of acting like it.

In your 9 posts since you joined, you have already seen fit to openly challenge several mods in different threads. Do I come to your place of work and tell you how to do your job? Because you started off your "new member" experience by trying to tell a banking professional about banking terms. Grow up already.

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What a threat!!!


I dont make threats. I make promises.
Quote:

Moreover, if moderators were perfect, then 2 experts would not have said different things.


Did it ever occur to you that by posting what someone said almost three years ago that maybe you quoted a post they made BEFORE they were a moderator? Did it ever occur to you that once you get clarification from someone who knows, to stop picking a fight?

Quote:
The same thing applies to the moderators also. Am I wrong? As you have said, if you have to say anything, then please send me a PM.


Yes, you are wrong. The moment someone posts something incorrect or misleading in a thread, we have to address it in public so that the people who come here and read it do not think that incorrect info is correct. If you do not like it, you are of course free to seek life elsewhere at any time.

Quote:

I have not doubted Soaplady???s expertise. It is you who are telling this. In that particular thread, I have only mentioned what others have said.


Then why keep pushing after she made her point? Because youre not telling the truth now, thats why. incidentally, as Paul already explained, he retracted his statement and never used it again. That should have told you something, but you still had to keep pushing. If you had stopped when your question was clarified, there would have been no problem.

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What wrong if I was confused? If I was confused, don???t I have any right to clarify it? I have only told what other forum members have said. What wrong in it?


See above.

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Does this mean that whatever the moderators will tell us, we should accept it as it is? We don???t have any right to clear our doubts.


wow, really?

Look, your doubt was aired. it was answered with authority from someone that deals with banking professionally every day. At that point in time, you had all the info you needed to clear up your "doubt". The fact that you kept going on and on shows that you were no longer interested in "clarification". At that point you made it a CONFRONTATION with a moderator. And THAT is what you should have taken to PM. Stop blowing this out of proportion further so that you can continue to complain.
Quote:

I have taken a snapshot of this thread. So, please don???t edit or delete this thread. This forum is for everyone.


wow, you're a real piece of work....

No one edited out your post from earlier. Not one letter of your words was changed. Grow up or move on.


lrhall41

Submitted by skydivr7673 on Fri, 12/30/2011 - 08:39

( Posts: 2036 | Credits: )