Did LVNV Give Up?
Question.
I defaulted on a Citibank account years ago. This account is outside of the statutes of limitations (checked that thanks to this site), and had been purchased by LVNV Financial LLC. I was actually kinda shocked that Citibank did not sue before the statute of limitations, as I've always heard Citibank is one of those companies that has a reputation for suing (after reading stuff here, I'm actually surprised that LVNV didn't sue). Looking on my credit report last month, Citibank was still on there. I did not see LVNV, but I did get some credit card thing in the mail saying that I was approved for a credit card to cover the debt that LVNV had for Citibank (the company was Resurgent). I sent out a letter requesting validation of the debt a couple of weeks ago to LVNV, which they received on 9/12 (that is what the green card indicates). I checked my credit report this morning, and there is no sign of the Citibank debt, and still no sign of LVNV!!! Does this mean they opted to delete it, rather than validate it?
LVNV doesn't validate- at least like they are suppossed to. Resu
LVNV doesn't validate- at least like they are suppossed to. Resurgent is a dba of LVNV. Did you put in your letter that this debt was out of the SOL?
LVNV does sue- but are less likely if they think you know your rights, or know they have violated the fdcpa rules..Good luck..Keep us posted..KAren
I did not indicate in the letter that the debt was outside of th
I did not indicate in the letter that the debt was outside of the SOL, but I did use one of those nice mean, but professional, letters posted here. I live in Texas, so I used a little language from Goldenblast's letter and incorporated it into one of the other debt validation letters. I let them know up front that if they did not validate and did not remove the item from my credit, that I would not hesitate to sue them for violations of the Texas laws. Wonder if that scared them?
Well it looks as though it may have scared them. How old is the
Well it looks as though it may have scared them. How old is the debt?
Am I confused about this, didn't I read somewhere that the original creditor can still collect on the debt even after the statute of limitations has expired or is that a collection agency..I think I am confused so if someone knows the answer to that question I would appreciate an answer.
ladybug
Hey Lurking! Share your letter! Id like to see how you worde
Hey Lurking!
Share your letter! Id like to see how you worded your letter.
Ladybug, CAs can try to collect on anything, but if they try to sue over something that is out of SOL, they can be shot down with that defense. Each state has different lengths of SOL, but the credit reporting agency's info can only stay on your report for 7 years, then it dissapears forever (unless you make a payment on it).
Okay now I understand thanks goldenbast...cute avatar by the way
Okay now I understand thanks goldenbast...cute avatar by the way.
ladybug
Quote:agency's info can only stay on your report for 7 years, th
Quote:
agency's info can only stay on your report for 7 years, then it dissapears forever (unless you make a payment on it). |
Just wanted to correct you on this. Negative items fall off 7 years from date of first major delinquency regardless of payment.Reaging of a negative item is illegal per Fcra.
Cajun- always was confused by that! So if the creditor reports y
Cajun- always was confused by that! So if the creditor reports your first deliquency, say 7 years ago, and then 7 years later, you are still paying and become deliquent again-then they sell it-what is the date? Is it the first one 7 years ago, or the most recent one?
Doesn't take much to confuse me :lol: Hope this isn't too confusing for you!!..KAren
LVNV
I sent a debt validation letter to LVNV and I heard back from Resurgent Capital on a credit card debt that was a Sears card. In my letter I stated that I am resolving all issues through Town & Country and that I needed the validation to send it on to them. I checked my credit alert today and I see LVNV has changed my account to "account information disputed by consumer". What does this mean and will it have a derogatory effect on my credit (worse than it is now)? Are they preparing to sue me? Will they accept T&C payments?
Here is a copy of my letter: Quote:I received a letter from R
Here is a copy of my letter:
Quote:
I received a letter from Resurgent Capital Services L.P. stating lvnv funding llc holds a debt in my name for Citibank. Please be advised that pursuant to the Fair Debt Collections Act, 15 USC 1692G ???? 809, and Texas Finance Code ????392.202, that this debt is disputed and validation of this claim is required. To validate this claim, I require the following: What the original debt is for. The amount of the original debt. How you arrived at the amount you say I owe. The interest charges applied to the original debt. All payments received regarding this debt with the original creditor including the date and amount of each payment., This requirement was established by the case Fields vs. Wilber Law firm, Donald L. Wilber and Kenneth Wilber USCA-02-C-0072, 7th Circuit Court, Sept. 2004. Any penalties associated with the original debt and the reason or reasons for those charges. Proof that any interest charged does not exceed that allowed by law in the State of Texas. Provide me with any papers that say I agreed to pay what you say I owe. Proof that the collection agency owns the debt or has been assigned the debt. Proof that you are licensed to collect in the State of Texas. Furthermore, at this time, I am advising you that I am not to be contacted by your firm or any of its affiliates, subsidiaries or clients by any other means other than the United States Postal Service. Also, you are not permitted to contact my employer, friends, acquaintances or family regarding this matter. If your office can and does provide ALL the information that I have requested, per the above-referenced Texas Code, I will require a minimum of thirty days from the receipt of that information to investigate its validity, and to retain counsel, if necessary. During this thirty day period all forms of collection must cease. Furthermore, per the Texas Business and Commerce Code, Chapter 17, if your offices fail to respond to this validation request within thirty days from the date of your receipt all references to this account must be deleted from my credit file with all reporting agencies, and a copy of such deletion request be forwarded to me immediately. Failure to comply will result in a report to the Texas Attorney General of violation of the Texas Debt Collection Act and Texas Business and Commerce Code, and suit being filed against your firm/agency for damages. Please be aware that venue for any action will be in accordance with the provisions of the prevailing statutes of the State of Texas. There are no federal questions being raised in this matter and any attempt to remove an action to federal court will be challenged. |
Oh, and to "Waiting...", I checked around and I cannot tell whether or not Resurgent is part of LVNV or not. At the very least, there is a connection between them. The notification I got from Resurgent was them telling me that I was pre-approved for a 22+% credit card for about 75% of the balance LVNV is claiming I owe, and that I would be forgiven the other 25%! All I had to do was sign the bottom line, and start paying them $100-something a month. Oh, and if I was a good little payer, I would be building a line of credit!! :roll: This is an account that is out of SOL, and was about 1 year from coming off of my credit report (until it just recently disappeared)! I'm sure one little late payment, and they would be quick to drag me to court or something....no thank you!!!!
Disputing via Equifax,Transunion and Experian
By going directly to the Credit Reporting Agency, does this hurt or help you when disputing items on your credit report? And, if it is helpful, do you have to do it for each agency?
bubba it does not hurt you to go to the credit reporting agencie
bubba it does not hurt you to go to the credit reporting agencies yourself. You do not need to pay someone to do it for you, its quite simple to dispute an item. You would need to go to each agency to dispute any items. Sometimes it will be reported with agency, but not the others.
That one line about removing the case to federal court can be co
That one line about removing the case to federal court can be considered as a challenge to the CA.
I realize that a lot of people can stay under the safe haven of a state such as TX, however, if there's an extremely large debt, the debt collection can claim Plaintiff's venue and diversity jurisdiction as a method to get the case kicked to federal court.
Federal courts traditionally try to kick cases to arbitration in matters such as this.
They don't have to be licensed in Texas, but must post a surety
They don't have to be licensed in Texas, but must post a surety bond with the state Secretary of State. If this is not posted, you can sue up to the amount of the bond (I don't know the amount, but at least $10,000). Yes, Resurgent is a part of LVNV. They have ten or twelve companies which they shuffle the alleged debt around in, and keep the consumer confused.
difference
How is LVNV Funding different from Resurgent Captial when you already sent out a letter of validation. Do I need to respond to both separately?
They're the same company. Resurgent is the collecting arm of LV
They're the same company. Resurgent is the collecting arm of LVNV but they have several others in their muti-tentacled operation. When DV'ing Resurgent, add AKA LVNV and "Any other Subsidiary, LLP, DBA affiliated with LVNV" and Cc: Wayne Fanebust, VP and General Counsel at:
Wayne L. Fanebust, Corporate Counsel
Wayne L. Fanebust, Ethics Contact
3817 S Elmwood Ave Bldg IV
Sioux Falls, SD 57105-6565
Phone: (605) 275-7005
Fax: (605) 275-7100
LVNV
I received a document that LVNV is sueing me for a debt that I had with Citifinancial 2005. I mailed them a request for debt validation, then they sent me a letter to contact them by telephone to resolve the debt. I did call them but they would not answer any of my questions. I waited 30 days they didn't validate, so I mailed them a follow up letter waited 15 days with no response. I sent a letter for them to cease and desist of course all certified. Now I have a letter that I need to appear in court next week. Can you give me any suggestions how to be ready for them?
Take all copies of the validation request with you, also (and ho
Take all copies of the validation request with you, also (and hopefully) the green receipt showing they received the validation letter. I don't see how the Judge will allow a judgment when this CA blatantly ignored the validation request. I would also dig up the fdcpa regarding validation, you might also incle a copy of the case law Brennon v. Spears, CLICK HERE for more information on this subject.
Was the notice to appear in court from an attorney for the CA or
Was the notice to appear in court from an attorney for the CA or the CA? You should contact your local courts to see if you do have a court date. If the court date is real, the FTC says that the CA or their attorneys have to (1) send you debt validation along with the court summons or within 5 days after the summons is served on the consumer (2) provide the validation at the court hearing.