Is there any help in getting rid of an LVNV Funding entry?

Submitted by Anonymous (not verified) on Fri, 02/26/2010 - 20:13
Forums

This is a complex problem that requires some serious help. If someone can provide that I would surely appreciate it. The problem is as follows:

On 10-19-09 I received a copy of my credit report. I noticed an entry identified as LFNV Funding LLC, with an address listed as P.O. Box 740281, Houston, TX 77274. Since the name and the amount they stated that I owed was unfamiliar to me, I wrote them a letter, dated 11/06/09, a copy of which is included in italics, and mailed to them via certified mail (using the address they listed on the credit report) The letter was returned, marked ATTEMPTED NOT KNOWN and also RETURN TO SENDER NO SUCH ADDRESS.
Essentially, this company lied in order to avoid being required to validate the debt they said I owed. The address that was used is the same address that was provided on the credit report. Further investigation recently indicates that this same address is also one of the companies associated with or owned by LVNV Funding, LLC. My questions are:
1) Can the unopened , certified letter serve as adequate proof and notice to validate the debt?
2) What legal remedies are available to me since they lied and refused to accept mail?
3) Can they be legally required to remove the entry from my credit report since they used deception to avoid being contacted?
4) What legal remedies are available to me since they have repeatedly contacted my spouse’s place of employment and made threats?

LVNV Funding LLC P.O. Box 740281 Houston, TX 77274
To Whom It May Concern:
Be advised that this letter is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim reflected in our credit report is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. We respectfully request that your offices provide us with competent evidence that we have any legal obligation to pay you.
Please provide us with the following:
What the money you say we owe is for;
• Explain and show how you calculated what you say we owe;
• Provide us with copies of any papers that show we agreed to pay what you say we owe;
• Provide a verification or copy of any judgment if applicable;
• Identify the original creditor;
• Prove the Statute of Limitations has not expired on this account
• Show us that you are licensed to collect in our state
• Provide us with your license numbers and Registered Agent
These questions should be answered also .
Who is the current owner of this alleged debt?
Who is the original creditor for this alleged debt?
If LVNV, LLC is the current owner, when was it purchased?
Who was it purchased from?
Have you assigned the alleged debt to another entity for collection?
If so, who?
If LVNV, LLC has sold or otherwise transferred this alleged debt, to whom was it sold and when.

At this time we will also inform you that your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, negative marks found on any of our credit reports by your company or the company that you represent are being reviewed and seriously being considered for bringing legal action against you for the following:
o Violation of the Fair Credit Reporting Act
o Violation of the Fair Debt Collection Practices Act
o Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, it will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of our credit reports, we will vigorously consult with legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from our credit file and a copy of such deletion request shall be sent to us immediately.
We would also like to request, in writing, that no telephone contact be made by your offices to our home or to our place of employment. If your offices attempt telephone communication with us, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and we will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by U.S. Postal Service.
This is an attempt to correct your records, any information obtained shall be used for that purpose.
Very truly yours,
Signature block
XXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXX

If they could not accept this letter then the CRA can't verify this tradeline. Xerox the letter both sides and and look up the certified mail article number at USPO tracking website. This will give the path the postman took to deliver. It will give the dates of the delivery attempts. Send this information to the CRAs and request deletion.

PS there is no lying here. LVNV seems to have reported their address in error but that's not your problem.

Sat, 02/27/2010 - 00:48 Permalink

Hi Guest,

Cinnamngrl gave a great idea :) . If LVNV funding fails to validate the debt, you can use this letter as proof, and dispute the item with the credit bureaus. If the company cannot validate the debt and does not comply to your request to cease all collection processes, you can sue them. However, if you face more problems on this, you can contact your State Attorney General to get better advise on this matter.

Thanks,

Aaron.

Sat, 02/27/2010 - 04:59 Permalink
nvassarx (not verified)

I do not want to burst a bubble, BUT the letter to demand all that stuff will get NOWHERE at all. These CROOKS at LVNV funding are just horrible. I have had them after me for a MBNA to Nations Bank then on to Bank Of America! I have certified letter after letter and get the same old "we have verified your debt" crap and it remains on my credit report. They claim i owe $45,000 dollars???? I told them YOU better give me more accounting than the WHITE HOUSE/CONGRESS does. I want to see some signed receipts for all the stuff i alledged to have purchased. After 1 year and NO ANSWER======NO RECEIPTS have been found...because they do not exist...and nver did to start with. Oh, yes, LVNV FUNDING has not contacted me in a year now....
I told them to KISS my @SS

Thu, 04/22/2010 - 00:29 Permalink
brisch48 (not verified)

Using the 800 for a BBB search shows this company as the parent company of the phoney name they use on credit reports. They have no rating as another address responds to all complaints keeping the parent company address and report looking clean.

CAPITAL MANAGEMENT SERVICES
(800) 363-3115
9700 Bissonnet, Suite 2000
Houston, TX 77036
View Report | File Complaint

Tue, 06/29/2010 - 03:35 Permalink
ds (not verified)

first off you cant send a certifed letter to a po box and expect it to be delvired no one at a pobox to sign so try again or better off stop making excuses and pay your bills

Thu, 03/17/2011 - 02:43 Permalink
cali (not verified)

Hey DS yes you can send a certifed letter to a PO BOX.Do you think a robot checks the mail or somthing?When the person checks there mail they see they have a letter they need to sighn for.BTW you probbaly work for a JDB.You have no clue why the person didnt pay the bill.I have Debt from these deadbeats LVNV Funding and its not mine.Its a fraud account,so you think I should just pay it eh?Whats planet are you from?

Sat, 10/01/2011 - 00:34 Permalink
MonicaV (not verified)

I just recently checked my credit report and found that I also have debt from LVNV Funding. I came accross this forum trying to figure out who these people are. Every time I call the number listed it says that the company is Resurgent Capital Services and that they are closed and to call back another time. It looks to me like a lot of people are having issues with this company so I would love to hear if anyone actually figures all this out.

Mon, 12/05/2011 - 03:53 Permalink
step (not verified)

I too had this company to surface on my credit report. Anyone who has resolved their credit problems with this company, please let me know what to do. The phone # listed on my report was wrong. I have gotten some helpful information from this blog. Thank YALL !!!!!

Sun, 02/12/2012 - 02:32 Permalink
JM (not verified)

ON turned my account to this collection to this company and they keep rasing the amount due. Is that legal? how can I get it back down to the original amount due?

Thu, 02/23/2012 - 02:53 Permalink
jf (not verified)

I have the same situation as JM above. Is it legal to keep raising the original amount owed?

Sun, 02/26/2012 - 00:54 Permalink

LVNV are primarily in South Carolina. This might be the right address, but I'm not 100%. Google it and get the address.

PO Box 10584, Greenville SC 29603-0584

Now, what you need to do is contact the South Carolina Department of Consumer Affairs. http://www.scconsumer.gov/

They are a division of the South Carolina Attorney General's office. If the debt is invalid, they will help.

Also, report them to the BBB. LVNV are a bunch of snivelling babies, and if there's any chance at all that the debt is invalid or can't be proven, they'll cave.

They caved with me, they've caved with alot of people.

Good luck!

Sun, 02/26/2012 - 17:37 Permalink
Bait (not verified)

Same as most people have stated LVNV Funding re-opened a debt that was not only past the statute of limitations in my state but it was ID theft in the first place! Now LVNV Funding reopened this 7 years latter? Thanks for all the great info on these scumbags!

Tue, 03/06/2012 - 23:08 Permalink
consumer (not verified)

checkonmycredit.com will delete up to 7 things off your credit for 100.00 its so worth it

Fri, 09/20/2013 - 13:51 Permalink
matzcrorkz (not verified)

UHAp6g I appreciate you sharing this article. Awesome.

Wed, 08/06/2014 - 02:22 Permalink