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LVNV Funding LLC and Resurgent Capital LP

Date: Thu, 05/21/2009 - 07:05

Submitted by bblair182
on Thu, 05/21/2009 - 07:05

Posts: Credits: [Donate]

Total Replies: 4


LVNV added one of their signature Installment Loans on my credit as a factoring company. I sent a DV to them at the PO Box listed on my credit report and recieved a response from Resurgent Capital Services stating that they had recieved my inqueiry and provided a fake validation (just a printout from their system) listing LVNV as the creditor (they also had the 30 day dispute window notice printed at the bottom of the letter). The validation was not even close to what I asked them for in the DV. I know that LVNV and Resurgent are part of the same group of companies.


The question is what to do now?
- I could ride out the 30 days and state to the credit bureaus that the marks should be removed since LVNV didn't respond. Resurgent did and it's pretty obvious they did so on LVNVs behalf, but LVNV is listed as the creditor, and they are the ones I asked for validation from, not Resurgent.

- I could write a letter back to Resurgent stating their validation was not up to par and they need to provide what I originally asked for. Basically treat them as LVNV...

- I could wait the 30 days for LVNV to respond, but in the meantime take advantage of the 30 day dispute period opened up by Resurgent and send them a DV..

Anyone who has any experience on how to actually make LVNV go away, your advice would be greatly appreciated...


Resurgent and LVNV are one in the same. LVNV does the credit reporting and Resurgent does the collecting. The "Validation" you recieved is the only thing you will ever see from them. Any further requests for more validation will get you a form letter quoting the "Chaudrey" case in reference to validation. In essence, you're fighting an uphill battle with the worst JDB in the country.

What state do you live in?

When was the last time you paid on the alleged account?

What else did you ask them for in your DV?

Had they ever mailed you anything prior to finding them on your credit report?

Is there tradeling now showing as "Disputed by Consumer/Meets FCRA requirements"?


lrhall41

Submitted by NASCAR_Devil on Thu, 05/21/2009 - 08:23

( Posts: 4671 | Credits: )


Thanks Nascar Devil.

I live in SC. The last time my credit report states that I paid on the account with Capital One (original creditor) was May of 2008, so we are nowhere close to the SOL.

I asked them for the following:

-To show their authorization under 15 USC 1692(e) and 15 USC 1692(f).
-What is their authorization for the collection of information
-What is their authorization to collect this alleged debt.
-Prove they are authorized to do business in the state of SC.
-Proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

I requested that they answer back on each point in writing, hand signed within 30 days or it will work as a waiver to any and all of their claims.

They never mailed me anything prior to them showing up on my credit report. They also show up as a factoring company account with a duration of 1 month... I also notice that the balance is going up. They cited that there may be interest, fees etc included in the validation. I have never seen anything from them regarding rate etc..

Could I use Fields v. Wilber to force them to cough up the way that they have gotten to the balance they say I owe?

I have not pulled a report since receiving the validation letter, so I'm not sure if they have changed the status.


lrhall41

Submitted by bblair182 on Thu, 05/21/2009 - 18:16

( Posts: | Credits: )