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LVNV Funding LLC: What to do if you find them on your credit report

Submitted by Htgt123 on Thu, 01/05/2006 - 10:53
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I noticed on my credit report that there is a company called LVNV Funding LLC for $3195. The address and phone number are PO Box 10584, Greenville SC 29603-0584 and the LVNV Funding LLC phone number listed is 866-464-1183.

When I enter the lvnv funding phone number, (866) 464-1183 on the BBB website, it comes up with a Houston, TX address.

Has anyone dealt with this company? Have you heard of lvnv funding complaints?

Thanks


LVNV is known for their unethical, illegal tactics. I have a letter ready to go out today (had some things come up, so waited until I could afford the $5 a pop to send out my various letters). LVNV is reporting a long SETTLED account on my credit report as open, and defaulted on 5/2007! This thing was settled back in 2002!

So my point? You have to watch some of these folks, especially LVNV, very closely! Monitor your credit report, request validation, make sure they correct any discrepancy, etc. If they don't abide by the law, report them! We as consumers DO have rights, whether we defaulted on the debt or not. CAs MUST follow the law, regardless of if they are the OC, a collector, or some junk debt purchaser! Don't let LVNV and others like them bully you!

There is a log of good information in these forums! I've learned so much from these folks! Take the time to read through various threads, even if you do not think they pertain to your situation. Read up on the various federal and state laws regarding debt collection and reporting practices. Arm yourself with knowledge, and let these "bullies" know who is in control!

Monique - I am assuming SATX means you are a Texas resident. That really works well in your favor! I would google "Texas Debt Collection Act" and read up on our local laws. Some really good stuff there. I would request debt validation from LVNV (certified mail/return receipt), which naturally they will not do. You said if there is an account it hasn't been since 1996? Does that mean that you haven't had any dealings with an account since that time? If so, I would be sure to point out that if the matter is proven to be yours, it is outside of the statute of limitation for Texas, and such defense will be used if LVNV even attempts to sue!!! When LVNV fails to provide validation in 30 days from the time they receive our letter (and fails to remove the information from your credit report), send a second request (certified mail/return receipt). Watch your credit report to see if LVNV complies. If you do not receive validation in 60 days, and LVNV still does not remove the information from your credit report, report them to the Texas AG immediately!!!

One thing to note (and Goldenblast can attest to) be cautious of LVNVs sneaky tactics. They may hire an attorney to continue collections during this process, though by law all attempts to collect must stop while the account is disputed. Follow the same procedure with this law firm as you did with LVNV.


Submitted by SubiGirl on Wed, 10/17/2007 - 13:36

SubiGirl

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I was summons to appear in court for a Pre-trail conferance from the company LVNV Funding ssignee House hold fin.However I never sign any contract but and extra card was given to me in my name from the card holder.I never received any attempts from them to collect debt from me nevetheless any phone calls. What can I do about this matter


Submitted by on Thu, 10/18/2007 - 08:50

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I'm not a lawyer, and I don't know of any case law on this issue or anything. In my opinion, it is a sticky situation.

I have a little background in law, and here is what my take is on it. If you ever used the card with your name on it, you could potentially be held liable for some of the charges. Why? The fine print on every credit card receipt that states you agree to the charges and agree to pay. By signing that receipt, you are agreeing to this. So, even though you did not sign the contract on the account...stating agreement to the credit card terms, interest rates, payment, etc....you agreed on each receipt to pay the charges.

Now, that is if you look for a loophole. In my opinion, I do not think they can go after you, just for having a card in your name. You did not agree to the terms of the credit card. Now, if you charged up the card, the person who did sign the agreement could potentially use the argument I made above in a small claims court to get you to pay for charges you made. However, I don't see that holding up in court for the other person against the credit card company or a collector. As I was told with regards to my ex-husband....he had a card with his name for my accounts, but I was the one who applied for the card and signed the agreement...I only asked later that he be given a card to use the account (reluctantly, mind you). When we divorced, I would be held liable for that account, and they would never go after him....because It was my name on the credit card agreement. The credit card company did not care that my ex was the one who made the charges!

I would send a debt validation to LVNV ASAP...overnight mail, certified/return receipt. Now, they will not validate, as many here will attest to. However, it will show that you have tried to make them prove up that you are the person they should be going after. I would go to the pre-trial conference and immediately use the defense that it is not your account...that you demand they present a contract signed by you. Sounds to me like they are grasping at straws, because they couldn't get the contract holder to pay.


Submitted by SubiGirl on Thu, 10/18/2007 - 09:17

SubiGirl

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Folks be VERY CAREFUL with them THEY ARE A COLLECTION COMPANY. Send them a letter stating you choose to deal ONLY with the original creditor. Tell them To CEASE AND DESIST contacting you. After that they are in violation of Truth and lending act as well as other federal violations. My advice ,deal only with the original creditor. Happy Life, Frank


Submitted by on Thu, 10/18/2007 - 17:31

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Problem is, they are not only a collection company, they are also a junk debt buyer. For many of the accounts these folks pick up, you can't work with the original creditor. The original creditor has sold off the account, and will no longer discuss the account with you. For many, there is no choice but to deal with LVNV, which is why you have to keep your bases covered. If you are summoned to court, go! Otherwise, they will succeed in getting a judgment on you for an account that is so way out of SOL it isn't funny (and then you can't do anything about it) or for an account that isn't even yours!


Submitted by SubiGirl on Thu, 10/18/2007 - 18:09

SubiGirl

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LVNV has several different companies, LVNV, Sherman, Resurgent etc. Even if you pay a debt that they downgrade they just resale to another, who can now legally re-age the account and get more. Tomorrow I am finally tired of dealing with these jeckals and paying a lawyer to have 3 accounts (same debt removed from 1989). Original debt was $440 dollars and now they claim over $5000. Last year I went to a debt cosolidation service and repaid everything I owed. Several companies after gaining a 740 score have re-appeared as have selling off the accounts before final payment. Now my score is 590avg. I have paid my debt without making deals other than intrest and yet my score is now lower. LVNV/Sherman account for 100 points alone by re-aging debt.

Do not ever deal with this company/


Submitted by on Thu, 10/18/2007 - 20:02

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demitrix,

I've learned the hard way that LVNV is bad about re-aging. I have an account that was settled and paid back in 2003. LVNV was the debt holder at that time. I just realized that they are still listing the debt as OPEN on my credit report, though the notation says, "Settlement accepted on this account, paid collection". They show last activity as 7/2001, but "date major delinquency first reported" is listed as 5/2007! This is showing up as a collection account on all my credit reports, and is bringing my score down....even though the account is no longer in collections!!! There are other accounts I settled on, and none of them show up as collection accounts....not even the one account I never settled on! This one account that I have taken care of is costing me more than the account that is still outstanding! Doesn't make any since, other than LVNV is just a shady business. I currently have a letter in to correct the information they are reporting...sent it off just the other day. As soon as I get that green card back, I'm going to start counting down the 30 days. If they do not correct the information by then, I, too, will be talking with an attorney, as I have counted two violations on each of my 3 credit reports...that is 6 total violations at at least $1,000 a piece!!! That is just for the violations! I'm sure, with the right attorney, I can prove up the damage they have caused in my interest rates on my current accounts being higher than they would be if LVNV had not falsely listed my account as a collection account (i.e., all the extra money I have had to pay).


Submitted by SubiGirl on Fri, 10/19/2007 - 12:07

SubiGirl

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Yep, I'm in Texas...where State law is what these bozos have to follow! They have to correct in 30 days, or I get to come out of my corner swinging!

Though I do not agree in a lot of the things our lawmakers in this state pass, at least we have these types of consumer protection laws and the lack of a state income tax! Those two things alone make all of the dumb stuff more bearable.


Submitted by SubiGirl on Sat, 10/20/2007 - 16:29

SubiGirl

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Htgt123 ... yes I have a debt with BEST BUY and it seems LVNV have purchased my debt from them..and their address is Houston, TX in my credit report.


Submitted by on Sun, 10/21/2007 - 10:50

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Sheriff- read all you can about them- they have many addresses and DBAs. Be sure and get a debt validation letter to them, certified, return receipt, and make copies of everything you and they send!

I have been dealing with them and their many companies for a long time-they aren't fun to work with--good luck..karen


Submitted by Bossy4455 on Sun, 10/21/2007 - 11:09

Bossy4455

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Just got the green card from my letter to LVNV to correct what they are reporting on my credit report! Shows they received the letter on 10/19, so they have until 11/18 to fix it, or I'm getting an attorney for the multiple violations!

I still can't understand what LVNV thinks they are accomplishing by reporting incorrect information to keep this matter on my credit report longer than it should! They get nothing from it! It is a settled account which I paid. It isn't like they can get any more money out of me, because the matter is closed. All they are doing is opening themselves up to liability by reporting the matter incorrectly to the credit reporting agencies! I know it is bad, but a part of me is hoping that LVNV does not correct my credit report, so I can sue them for damages. I'm sure I can sue for enough to pay off more than a couple of my current debts...hehehe.

I've also got the green card back from S&P. It will be interesting to see the result of that one. This is the company that shows up on only one of my credit reports as owning the same account Genesee tried to claim they owned (yet Genesee never showed up on my credit report). Going back to some older reports, it looks like S&P has "owned" the debt for some time. If they come back as claiming they still own the account, and can provide proper validation, I'm going to be upgrading my complaint to the AG on Genesee as all out fraud!


Submitted by SubiGirl on Mon, 10/22/2007 - 16:19

SubiGirl

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I just received a collection letter from a company known as Alliance One. According to Alliance One, we have a debt to Sears which dates back to 2000--but it was somehow just discovered in May, 2007. I just pulled a credit report which shows that our Sears account was paid off in 2002. But lo and behold, there's a debt on our records from ....LVNV for $1,025.35. I called Sears, and, just as we believed, we closed our account.

I asked Alliance One to provide any old bills that would track the amount we owe. This company said it couldn't do so. This is a sham, and everyone reading this should be forwarned. debt collectors need to give you the name of the company who has hired them, and any and all records verifying their claim.


Submitted by on Mon, 10/22/2007 - 19:48

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Steaming Mad...I would see if you can get it in writing from Sears that you closed the account in 2002 with $0 balance. I would then forward a copy of that letter to Alliance One and LVNV demanding that they validate the debt or remove it from your credit reports. LVNV will not validate, but if they do not remove the information from your credit report, I would report them to the FTC and your local attorney general. If this is in fact a debt you paid off, and Alliance/LVNV does not remove it from your credit report, you could potentially sue them for damages and violations!


Submitted by SubiGirl on Mon, 10/22/2007 - 20:02

SubiGirl

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In the State of Nevada https://esos.state.nv.us a search for LVNV Funding pulls up not only their registered Agent, but also the address for them in South Carolina with the Officers-managers names & if you google the address 200 Meeting street, Ste 206, charleston south carolina, you get Sherman Capital Markets!!! LVNV Funding managers name; Kevin Branigan phone, (843) 266-1717 he's also listed as CEO of the Sherman Financial Group on a republican fund raiser site ( another great reason to vote democratic..) but the cheapskate only gave $250 ( our money)

Im sending him a ccr...........! please everyone else do so & we can drive him nuts with letters and calls


Submitted by jeannvk on Mon, 10/22/2007 - 20:10

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I am the process of buying a house and LVNV showed up on it and I called them and was told they cannot give me any account number or when it was opened and that I owe 2000+ dollars. Then the lady told me that they research for an attorney and he now have the debt, and I said YOU LVNV are on my report and you cannot give me any information she was rude and gave me the number to the attorney, when I called them I was automated to the accounting department that says someone would call back...never did. Called again same thing. I am now sending a letter to this effect to LVNV since they are the ones on the report...or should I send it to the lawyers office that I was given since they never call and LVNV cannot give me any information


Submitted by on Tue, 10/23/2007 - 11:29

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Fair Debt Collection Practices Act, 15 USC 1692g, Section 809(b): Validating Debts


When they call - or call again - get the mailing address & send them a letter stating not to contact you in any other format then writing via USPS. As soon as you receive the info (if you ever do), respond & keep track of time frames.
They'll violate fdcpa many times over & you'll have a journal to outline your interactions with them.
Do like subiGirl and find a consumer lawyer who will take your case & go after LVNV.
Perhaps if they start having to shell out $1k to a large number of peeps they'll tow the line.


Submitted by hvn_sent on Tue, 10/23/2007 - 11:57

hvn_sent

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You are showing on my credit report for what account?

Thanks
Linda [color=Red][/color]Name removed for your safety..Bossy4455


Submitted by on Wed, 10/24/2007 - 08:57

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Linda- please read the previous posts and you will see who they are, and what they are capable of.They don't play fair-so keep notes and copies of everything!!

I removed your full name for your safety--please change your id to remove it--the internet is a dangerous thing and you don't want everyone to know your name!!

Good luck with them-I am dealing with them too..karen :D


Submitted by Bossy4455 on Wed, 10/24/2007 - 09:29

Bossy4455

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Well i was wondering i just got a citation rom lvn funding that they had purchased an account of mine by citibank they are requesting the payment of $1816.73 dlls but i dont count with that money because im not working for the moment because im helping my brother with his child. I was wondering if you have the number so that i can arrange a settlement.

Thanks
Clam1582


Submitted by on Wed, 10/24/2007 - 21:19

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I sent a letter consisting of a Cease and Desist, debt validation, Letter of Intent, and Letter to Collections CERTIFIED MAIL RETURN RECEIPT REQUEST on July 2nd. I had done this at the same time with another company as well. I received a validation back within the 30 days from the other but not LVNV Funding. What do i do now? I have all the copies and receipts. Just need an anwere because i really do not want to hire a professional to fix this when i can do it myself.


Submitted by on Thu, 10/25/2007 - 00:02

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Helikewl...LVNV is known for not validating. Send them a second validation request, and check up on your state laws. A couple of states (I think only FL and TX, but may be others) have their own debt collection laws which state that the CA has 30 days to validate or remove from your credit report. If they do not, it is a violation, and they can be sued for damages. In states that do not have these laws, you simply have to keep trying to get validation, and possibly file a complaint with your local AG and the FTC. You have the right to have a claim validated before you pay it, and LVNV thinks they are above this! Truth is, most junk debt buyers cannot validate, as they do not have access to the proper documentation from the original creditor (such as the signed credit card agreement).


Submitted by SubiGirl on Thu, 10/25/2007 - 05:40

SubiGirl

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Be really careful deaing with these people! They don't validate-or validate fully and will try to hound and beat you into making a pyament or arrangements. They will threaten any and everything!

It's best to send a second request for validation-keep copies of everything, and notes of calls made to you!

Good Luck..karen


Submitted by Bossy4455 on Thu, 10/25/2007 - 08:41

Bossy4455

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Ok I was never served after they filed to sue me. This was Aug. 6th. I'm going to drive to the court house to find our if it was dismissed and if so can I sue them??????? Please advise if anyone can.
Thanks,

Mickey in Texas


Submitted by on Thu, 10/25/2007 - 20:35

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my credit report was affected by your entry to the credit bureau that showed i owe you money. therefore i request you send a statement to the credit bureau that reflects the actual status of my credit report


Submitted by on Sat, 10/27/2007 - 03:01

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Mickey- there may be something you can do in regards to improper service, and no notification-check with your court clerks office.

Ronnie- We are not LVNV- but a Forum relating to debt and credit issues. You need to contact the address that shows up on your credit report and send them a letter..karen


Submitted by Bossy4455 on Sat, 10/27/2007 - 07:18

Bossy4455

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Subigirl- Thanks for the information. So keep hounding them. I think its odd that i sent these validation letters along with cease and desist to them. They didnt validate the info requested. But now i am getting phone calls from hell from collectors. I never answer any of the calls due to scanning my numbers as we all should. I sent out some more letters 3 days ago to these companies along with mmy documentation proving they are not valid debts. Copies also cot sent to all 3 credit bureaus. One of the companies are trying to collect on a debt that i already paid off in 2005. Another is reporting an inaccurate amount that is double what they sent me for what i supposedly owe.


Submitted by on Mon, 10/29/2007 - 02:07

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It just says incoming-with no number listed? There should be a record of the calls somewhere, I would think.

What you can do is, from this point forward, get a notebook,everytime someojne calls, jot down the number, time, date,etc, and any message they put.

I document everything. If I talk with the CA, I take notes,names, etc. One time this one from LVNV was getting really snotty and I said, hold on a sec, I can't write that fast--she got off track and ended the call :lol: karen


Submitted by Bossy4455 on Mon, 10/29/2007 - 08:31

Bossy4455

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do anyone know about if you go through a debt manag program and the creditor accepts payment and then a week later says the accounts in legal status


Submitted by on Tue, 10/30/2007 - 14:19

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thanks to response, this happened in 2005 sears said they turned the account over to resurgentcapital in april of 2005 i went to dmp sep 2005 sear accepted a payment through the program and seven days later said it was in legal status. in sept i received a letter from an attorneys office saying they suing on lvnv behalf. any help of what can i do,court is in feb2008


Submitted by on Thu, 11/01/2007 - 12:16

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I'm kinda confused-doesn't take much- is your account in collections or has it been sold to Resurgent?

Have you received a summons yet? If, and when you do, respond to it in the time allowed, maybe stating that they accepted a payment in the dmp program. Hopefully you have paperwork that will prove this.

Somtimes they will say that they "may" have to take legal action to scare you, other times ,they actually have sued. Look up any and all papaerwork on Sears,LVNV, etc., in caser it comes to that

Good Luck..karen


Submitted by Bossy4455 on Thu, 11/01/2007 - 15:41

Bossy4455

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First off, major props guys, really great forum and even better thread.
Here is the scoop. Been getting debt letters for over a year now. LVNV says the bought it from Sears. I've never done business with Sears, it is not my account, never was. So I don????????t have the same issues many others have about account age and reactivation and such. It just simply is not me who owes this debt. They sent me a direct letter and I sent them a DV. Nothing. Then I get a letter for the same account from a different company. Pretty standard from what I read here. So I send them a DV. Nothing. Two months and I get yet another letter, different company, same account. Lather, rinse, repeat. This just keeps happening, couple of months go by and I get another company knocking at my mailbox. Never any calls, just mail. I always send the DV and nothing happens. Is there any way to get them stop passing this thing around? Will it follow me for the rest of my life?
On another note. My better half and I are looking into our first house purchase, yay for us. So I figure I'll check my credit report make sure everything is hunky dory. Experian - perfect. Equifax - perfect. TransUnion ???????? negative mark. There is an account placed for collections from??????? can you guess? LVNV! So I sent them another DV letter with some added oomph with words like ???????remove this from here or I sue???????, ???????report this to the others and I sue???????. I checked all three credit reports when I got my first collection letter over a year ago and nothing was on there. This was done some time in the interim. Is it legal to report debt if they haven????????t verified it?
I also called TransUnion to start a dispute. I didn????????t get any confirmation of that of I????????m going to send a written one in by CM. I am really curious because it was only reported to TransUnion and they are the ones who have the least amount of my personal information on there, such as previous addresses, phone number, middle names, etc. Do the CBs refuse creditors if they get the wrong person? This is all extremely shady. On the bright side they aren????????t harassing me by phone??????? I wonder why?
I would really appreciate any insight anyone may have. Keep up the good work, and keep your hopes up.


Submitted by on Sun, 11/04/2007 - 14:07

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Rolo-congrats on wanting to get a home!!

As far as LVNV, they have sooooo many dbas, they pass it around and around.

I don't see why you can't write them a cease and desist letter stating that this isn't you, never was you and they have never validated to prove that, and if they continue to harass you, you may consider legal action.I would like to see them take you to court-what in the world could they prove? Also, keep copies of all correspodence, send it certified return receipt.

Not sure about the Credit bureau, if it's not your debt, can't it be disputed? Like I say-not to sure about that, but someone will come along and answer you!!..karen :D


Submitted by Bossy4455 on Sun, 11/04/2007 - 16:56

Bossy4455

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