Debt on CR was never validated

Hi NDebt! first off---it is illegal for a CA to report to the credit bureaus without being able to validate the debt. You mentioned that LNVN has passed the debt off to another collection agency??? is LNVN still on your report? I had this happen to me once and what I did was write the collection agency and tell them I was planning to take them to court for making a false report to the credit bureaus without being able to back up validation, which is illegal and then I also wrote the credit bureaus and explained that they were making false reports--by reporting something that a collection agency had not validated. I soon got a letter from the collection agency apologizing, said they would take it off of my report and I would not be hearing from them again....The credit bureaus took it off of my report as well. LNVN is in violation of the fdcpa by reporting a debt that they can't validate. you have grounds here...use them. hope I have helped. =) shirley

Shirley is right. You can get the negative item of LVNV Funding removed from your credit report. If they are doing the reporting in the fair way, their must be some details to be given to you in writing through the debt validation process. I can only understand that they have nothing about your file and are reporting falsely to the bureaus. Write a letter to the collection agency mentioning that they are breaking the fdcpa laws by reporting incorrect information in your file. They are legally bound to remove it. Send a dispute letter to the credit bureau and ask them to investigate your records. They are also bound to put correct information in your file.

Why worry about class action? I would look into filing your own case against them.

First, it would be helpful for you to speak with an attorney in your area. If you go on the website naca dot net, you can search for attorneys in your state that specialize in debt collection law. most of these offer a free initial consultation, and many of them take cases on a contingency basis--meaning, you dont pay a penny out of your pocket for their services. if you lose, you pay nothing, and if you win, they take their fee from the CA you just sued. Give it a shot, you never know what you'll find!

As far as the issue with them refusing to remove it from your credit report, what kind of dismissal did you get? if you got a dismissal without prejudice, then the CA was right when they told you that they dont need to take it off your report.

if you got dismissal with prejudice, you still dont have a definite defense against them continuing to report just because of the judgment. what you may be able to do, however, in case of 'with prejudice', is exactly what you have just done--send a copy of the court ruling to the credit bureau. They may or may not take it off....but if they do not, then you will have a perfect fdcpa case because this debt collector refused to validate the debt during your trial....but they are still verifying the debt as accurate on your credit report. from THAT angle, you will have them on an FDCPA violation and can then sue them for up to $1000 plus actual damages, legal fees, and court costs.

I would wait and see what the credit bureau comes back with. then, if the CA verified the debt to them as yours, i would send a certified letter to the debt collector, telling them that they are now in violation of section 809 of the FDCPA--reporting on your credit bureau is considered collection activity, and they cannot make any collection effort at all until after they answer a validation request. Then, tell them that they have a choice--they can either remove this account permanently from all three of your credit reports and agree to never sell it to some other junk debt buyer, or they can get sued for violating both the FDCPA and the FCRA. their choice....

Was this dismissed with or w/o prejudice?