Author Topic: PFD advice LVNV and Midland help  (Read 1307 times)

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5150

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PFD advice LVNV and Midland help
« on: July 24, 2012 09:00:24 PM »
Hello new to the board…

State: CA

I stumbled on this forum looking for info about LVNV and have been reading up on them plus a bunch of other stuff. Still have a few questions and hoping I can get some advice from the members.

1.   Unfortunately, I have to deal with LVNV. They appeared on my Report about a year ago, after disputing with Mitchel N. Kay and getting it removed, to magically appear again under LVNV.

The account is past SOL and due to come off the middle of next year.  I have DV’d no response, disputed with the 3 CRA (online), and after that the made a change to my report dropping my score. I think the balance was updated.

I am pretty tired of watching my score go up and down and would like to purchase a new car soon. And then, i received a letter the other day from LVNV offering to settle the account for a fraction of the “supposed” debt. Should I agree to pay only to have the TL removed from my CR ( only following the proper steps for a PFD and the CA playing nice?


2.   I have another account on my CR that won’t go away no, matter what I do.  And this infamous JDB is Midland. Did the same steps as above DV’d, disputed online comes back verified, and listed with No Status. (Account is past SOL)  No quit sure how to proceed with this account. Any advice or need more info?

KFMAN

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Re: PFD advice LVNV and Midland help
« Reply #1 on: July 25, 2012 06:38:59 AM »
Hello new to the board…

State: CA

I stumbled on this forum looking for info about LVNV and have been reading up on them plus a bunch of other stuff. Still have a few questions and hoping I can get some advice from the members.

1.   Unfortunately, I have to deal with LVNV. They appeared on my Report about a year ago, after disputing with Mitchel N. Kay and getting it removed, to magically appear again under LVNV.

The account is past SOL and due to come off the middle of next year.  I have DV’d no response, disputed with the 3 CRA (online), and after that the made a change to my report dropping my score. I think the balance was updated.

I am pretty tired of watching my score go up and down and would like to purchase a new car soon. And then, i received a letter the other day from LVNV offering to settle the account for a fraction of the “supposed” debt. Should I agree to pay only to have the TL removed from my CR ( only following the proper steps for a PFD and the CA playing nice?


2.   I have another account on my CR that won’t go away no, matter what I do.  And this infamous JDB is Midland. Did the same steps as above DV’d, disputed online comes back verified, and listed with No Status. (Account is past SOL)  No quit sure how to proceed with this account. Any advice or need more info?
Read JDB section and learn FDCPA, FCRA and maybe even the arb section.

melati

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Re: PFD advice LVNV and Midland help
« Reply #2 on: July 25, 2012 05:51:26 PM »
I wonder if anyone ever succeeds with validation? Can't they just produce a printout instead of the original contract? Which means they can really pluck it out of thin air, never mind the FDCPA. I think the deck is stacked. Sorry to be a downer.

Just Plain Bill

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Re: PFD advice LVNV and Midland help
« Reply #3 on: July 25, 2012 08:14:10 PM »
I wonder if anyone ever succeeds with validation? Can't they just produce a printout instead of the original contract? Which means they can really pluck it out of thin air, never mind the FDCPA. I think the deck is stacked. Sorry to be a downer.
Unless you live in Texas, there is no law that states validation is mandatory.
I Donated

CleaningUp

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Re: PFD advice LVNV and Midland help
« Reply #4 on: July 25, 2012 08:16:22 PM »
You need to do a lot more reading on the board.  What they provide as "validation" often can't pass muster as evidence in court.


DebtVet

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Re: PFD advice LVNV and Midland help
« Reply #5 on: July 25, 2012 11:45:31 PM »
People want the world when they request validation, here's all they have to provide:

§ 809. Validation of debts

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—

(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

(d) A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).

(e) The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by the Internal Revenue Code of 1986, title V of Gramm-Leach-Bliley Act, or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.
Don't take what I say seriously, I'm just a dumb debtor.

Pleadings are not evidence!

CleaningUp

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Re: PFD advice LVNV and Midland help
« Reply #6 on: July 26, 2012 12:08:55 AM »
Except in Texas, they don't even have to provide most of that.

Nothing in the FDCPA requires them to respond.

arnanda

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Re: PFD advice LVNV and Midland help
« Reply #7 on: July 26, 2012 03:47:55 AM »
I wonder if anyone ever succeeds with validation? Can't they just produce a printout instead of the original contract? Which means they can really pluck it out of thin air, never mind the FDCPA. I think the deck is stacked. Sorry to be a downer.

Validation could mean a letter from the OC stating the account information as correct, a reprint of the final bill, a full stack of bills from beginning to end of account and/or a signed contract from the consumer stating obligation to pay. 

No, they cannot just print out from their collection program the account.  They have to obtain it from the OC and send it to you.  They can't create the proof themselves. 
TUN - 791/850 (05-28-2014). EQU - 816/850 (01-19-2014). EXP - 789/850 (08-07-2014).
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KFMAN

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Re: PFD advice LVNV and Midland help
« Reply #8 on: July 26, 2012 04:57:37 AM »
I wonder if anyone ever succeeds with validation? Can't they just produce a printout instead of the original contract? Which means they can really pluck it out of thin air, never mind the FDCPA. I think the deck is stacked. Sorry to be a downer.
Downer?  Huh

montag

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Re: PFD advice LVNV and Midland help
« Reply #9 on: July 26, 2012 05:17:13 PM »
I wonder if anyone ever succeeds with validation? Can't they just produce a printout instead of the original contract?
The one CA I ever ended up paying did just that. ::)

KFMAN

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Re: PFD advice LVNV and Midland help
« Reply #10 on: July 26, 2012 06:25:13 PM »
The one CA I ever ended up paying did just that. ::)
Did the OC still own it?

 

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