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LVNV Violations!



SubiGirl

Posts: 104
Credits: 3787.4
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Sub: LVNV Violations!
Wed, 12/11/2008 21:34

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:

Quote:

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 one’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 do ya'll think? It shows the last reporting by LVNV being last month (9/2007).



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Unregistered

Sub: #3 I have already disputed with CRAs and they came back saying ca cWed, 11/12/2008 - 21:34



I have already disputed with CRAs and they came back saying ca confirmed acct was mine. I sent a debt verification letter today, my question is if they can't come back with any of the above missing on my report is this a violation and can they still remain on my report?


unclewulf
unclewulf

Posts: 3111
Credits: 31405.5

Sub: #4 To open the ball, dispute the tradeline with the CRAs as incomplWed, 11/12/2008 - 17:09



To open the ball, dispute the tradeline with the CRAs as incomplete. That should knock it off for now. But keep an eye on your report.

Wulfisms: my blog

The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]


Unregistered

Sub: #5 I have lvnv funding on my credit report and it reads like this Wed, 11/12/2008 - 13:05



I have lvnv funding on my credit report and it reads like this
Acct#xxxxxxxx
Acct owner: Individual acct
Type of acct: open
Date open: N/a
date if Last payment:
Scheduled payment amount:$0.0
Date Major delinquency first reported:
Creditor classification: financial
Current status:
High Credit: 4,476
Credit limit:$0
Terms frequency:
Balance:6,149
amount past due:6,149
actual payment amount:$0
Date of Last activivty:n/a
Months reviewed: 12
Charge off amount:$0
Does anyone see anything on here that I can use to fight this? The areas that I left blank so up blank on my credit report. It seems to me that they are missing alot of information. I sent out a debt varification letter today but I need advice on fighting this. Please if anyone can help I would appreciate it. Me and my husband are trying to buy a house and this is stopping us.


SubiGirl
SubiGirl
Posts: 104
Credits: 3787.4

Sub: #6 You do have a point there! If we do all go after them, we need Thu, 10/04/2007 - 10:14



You do have a point there! If we do all go after them, we need to go after them individually, but not back down when we do! Go for the max! Like I said....how much extra interest have I had to pay? How much faster could I be/have been out of debt if I wasn't paying all of that interest? Some would wonder what kind of harm has LVNV really caused me...I have a house, a car I like, etc.? There is all of the extra interest I've paid because my credit score was too low for even a slightly better rate! Oh, and let's not forget when the insurance industry started basing your rates on your credit standing (not sure if they are still allowed to do that, or if it was shot down)! I'm sure I've had to pay more there, too! They have intentionally defamed me! And for what? I made good by them, and they continue to make me out as a deadbeat?


cajunbulldog
cajunbulldog

Posts: 4785
Credits: 42362.6

Sub: #7 The only problem I have with class actions is the plaintiff's reThu, 10/04/2007 - 09:55



The only problem I have with class actions is the plaintiff's receive next to nothing and the lawyer's rake all the fund money in their pockets.It would be better to have 1000 individual suits that they would have to defend against.

Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.


SubiGirl
SubiGirl
Posts: 104
Credits: 3787.4

Sub: #8 Cajun...like I said, I bet if all of us who have been screwed ovThu, 10/04/2007 - 09:27



Cajun...like I said, I bet if all of us who have been screwed over by LVNV hit them with these violations, we could bankrupt them! Sure, there will be other "bottom feeders" out there, but an action would send the word out! I would say, let's all sue, and put 50% in a fund to help people get out of debt! The other 50% we would use to get ourselves out of debt!


Ang
Ang
Posts: 2235
Credits: 21572.8

Sub: #9 Ok another hijacked thread but if u have city water ur usage forThu, 10/04/2007 - 09:24



Ok another hijacked thread but if u have city water ur usage for sewer is equal to ur usage for water. So, in other words, if u have a water leak, ur not actually using sewer! So if u contact them they will look back at previous bills and see this HAD to be a leak... Now of course nothing u can do about it now but for future reference....
I've had a few water leaks myself out back in the horse stables... they keep breaking the water pipe to the trouff.
Ang

You will not be punished FOR your anger; you will be punished BY your anger. --Buddah


cajunbulldog
cajunbulldog

Posts: 4785
Credits: 42362.6

Sub: #10 That is only the statutory damages.One a lawyer adds in the otheThu, 10/04/2007 - 09:05



That is only the statutory damages.One a lawyer adds in the other categories it can get intetersting.

Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.


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