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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).




I think it sounds good to me. It's short, sweet, and to the point. :-)

Sub: #1 posted on Thu, 10/04/2007 - 06:01

eleroo eleroo

(Posts: 1220 | Credits: 153.92)

Looks good to me:) Send that BABY OUT :twisted:

ladybug

Sub: #2 posted on Thu, 10/04/2007 - 06:10

ladybug ladybug

(Posts: 2757 | Credits: 282.44)

Thanks eleroo and ladybug! I plan on sending this out tomorrow. Part of me can't believe these folks are pulling this junk! What do they have to gain? The account was settled back in 2002. They accepted the settlement. I made my payment as agreed. I mean, though illegal, I could see them doing this if the account was still collectable....trying to get me to pay it to make it go away...but LVNV has nothing to gain by re-aging this settled account! All they would be accomplishing is keeping this thing on my record until 2014, when it is supposed to fall off of my record next year.

Part of me is secretly hoping they do not correct the information, so that I get to sue the pants off of them!

Sub: #3 posted on Thu, 10/04/2007 - 06:21

SubiGirl SubiGirl

(Posts: 114 | Credits: 37.87)

You might also add that they've violated the FCRA. You can sue for this as well.

Sub: #4 posted on Thu, 10/04/2007 - 06:45

Law Student Law Student

(Posts: 1186 | Credits: 173.56)

Thanks, LawStudent! I will add that, as well!

Sub: #5 posted on Thu, 10/04/2007 - 06:54

SubiGirl SubiGirl

(Posts: 114 | Credits: 37.87)

They have a nasty habit of listing them as factoring company accounts (another FCRA violation) check to see if they have done that. The reason they do that is because it hits the consumers FICO score alot harder than a collection account.

Sub: #6 posted on Thu, 10/04/2007 - 09:33

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: 192.01)

In reading this, I know I really need to pull a credit report and go through it. I have an account in collections with them so I want to make sure they aren't doing the same thing. Thanks for posting this Subi. It's a real reminder that we are dealing with some nasty and unfair characters.

Sub: #7 posted on Thu, 10/04/2007 - 09:44

eleroo eleroo

(Posts: 1220 | Credits: 153.92)

Please don't forget Fcra violations when dealing with these jokers.They can add up quickly with 1K per violation per credit bureau as well as real damages,tort damages,and punitive damages.

Sub: #8 posted on Thu, 10/04/2007 - 17:20

cajunbulldog cajunbulldog
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(Posts: 4859 | Credits: 424.99)

I don't know much about collections, but have people actually sued these collection agencies & gotten money from THEM?

Sub: #9 posted on Thu, 10/04/2007 - 17:22

lawn1016 lawn1016

(Posts: 676 | Credits: 70.59)

collection agencies and attorneys have paid out quite a bit on violations.Google Nco,Arrow,Asset with court case. :wink:

Sub: #10 posted on Thu, 10/04/2007 - 17:29

cajunbulldog cajunbulldog
Moderators
(Posts: 4859 | Credits: 424.99)

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