I am going through my credit report with a fine toothed comb, making sure everything is reported correctly.
One of the accounts I settled on several years ago was owned by LVNV at the time of settlement. This is still coming out in the negative items section of my credit report, though none of the other settled accounts are showing here. I noted some violations of the FDCA, and I am planning on sending the following letter:
My credit report shows the above-referenced account on my credit report with all three reporting agencies as open. This account was settled, as also indicated in your reporting. The following items are incorrectly being reported by lvnv funding llc, and is in violation of the federal Fair Debt Collections Act and the Texas Debt Collection Act:
Violation #1: Type of Account: OPEN
As LVNV accepted settlement of this account, and such settlement was paid, the status of this account should be CLOSED.
Violation #2: Date major delinquency first reported: 5/2007
This account was defaulted on with Beneficial National Bank 7/2001. This is called re-aging, and it is illegal, as it keeps the negative listing on oneÃ¢â‚¬â„¢s credit report beyond the 7 years after default. Considering the above account was settled and no longer open for collections, re-aging at this point is simply a malicious way to keep my credit report score low, causing me personal harm.
Please take notice that according to the federal Fair Debt Collections Act, the Texas Debt Collection Act, and the Texas Commerce Code, you have 30 days from the receipt of this letter to correct or remove this information from all three reporting agencies, and that proof of such correction or removal provided to me. Failure to correct or remove this information within the 30-day period will result in me filing a complaint with the Texas Attorney General and a suit against LVNV Funding LLC for damages.
What you can get in our community
Community Tools & Resources