Is LVNV violating the law on my credit report?

[invza1]

I got a dunning letter from NAFS dated 4/6/09 saying that LVNV purchased my charged off HSBC account.

My DV letter was delivered 4/18/09 to the address on the letter. I haven't gotten any response from NAFS or LVNV (probably same company).

I pulled all three credit reports on 4/10/09. There was an inquiry on Experian from NAFS on 4/9/09 but no TL.

I pull Experian and TransUnion on 5/16/09 and there's a bad TL from LVNV. TU score dropped from 682 to 570! I know this was NOT added before my DV letter was delivered on 4/18 because I had credit score monitoring from FreeCreditReport.com until 4/20/09.

Here's the TL:
LVNV Funding LLC
Date Opened: 1/2009 (huh?)
Reported Since / Date of Status / Last Reported: 4/2009
Account History: Collection as of Apr 2009
Original Creditor: IDT-HSBCORCHARD STANDARD - MCS (WTF? "IDT" is the CA that had it before LVNV and luckily was never on my credit!)
The TL has a South Carolina address; the letter they sent only had a NY address (which is where I sent my DV letter)

So, how should I handle this? Any advice?

[invza1]

**UPDATE**
I called Experian and they told me the TL was added on 4-15. My DV was delivered to NAFS 4-18.
Experian told me that LVNV is the furnisher of that TL, not NAFS.

So I'm thinking this:
(1) LVNV is in violation because they never sent a dunning letter. If the dunning letter came from NAFS on behalf of LVNV then only NAFS can add a TL so LVNV should be removed.

(2) NAFS would have to respond to my DV before they can add/re-add the TL.

Maybe I could get the TL deleted for the above reason then PIF/PFD before the TL is re-added?
BTW, this is still within SOL. What do you think?

[Trish]

This whole thing is confusing

So NAFS is collecting on behalf of LVNV? I looked them up. They don't appear to be the same company but I'm thinking maybe they are collecting for LVNV because LVNV may not be licensed or bonded to collect in your state? Not sure.

LVNV is not in violation (from what I can tell). A CA does not have to send you a collection notice before putting the TL on your CR.

Now NAFS cannot put a TL on there until they validate the debt with you but from the sounds of it........they don't plan on it. Sounds like they are being sneaky by "sharing" the debt and going around laws so they can collect on you. I really don't see how they can do this. Only one should have rights to the debt.

I know you said it was still in SOL......how much is the debt?
One thing I would go ahead and do is send LVNV a DV as well.

Both of these CAs are notorious for their illegal tactics.......so whatever you do, keep good records.

[CreditCrisis]

this is was just added to my credit today

Date reported: 05/2009

Reporting Agency: Equifax

Company: LVNV FUNDING LLC

Account Number: 46630900

Balance: $1190

Type: Factoring Companies

Company Bureau ID: 046FY00013

Rate/Status: At least 120 days or more than four payments past due
Narrative Code 1 changed to: CONSUMER DISPUTES THIS ACCOUNT INFORMATION
Narrative Code 2 changed to: COLLECTION ACCOUNT


This is for an HSBC account that i have been disputing! what shuold i do?

should i send them a DV?

[Trish]

Originally Posted by CreditCrisis

this is was just added to my credit today

Date reported: 05/2009
Reporting Agency: Equifax
Company: LVNV FUNDING LLC
Account Number: 46630900
Address: PO Box 10584
Greenville, SC 29603-0584
Balance: $1190
Telephone: 866-464-1183
Type: Factoring Companies - Violation
Company Bureau ID: 046FY00013

i dont know what the hell this is for?

should i send them a DV?

Hmm.....it looks recent. Any idea at all what this could be for?
Yeah.....I would send them an "unknown debt" DV letter.

[CreditCrisis]

sorry i must have been ediitng it while you were replying. i rechecked and yes, its for an HSBC account that also just showed up today...

[CreditCrisis]

i am not familiar with the "unknown debt" dv letter? in the subject do i put "unknown debt"? also you marked "violation" should i put in the letter that the way they are reporting the accont is a violation?

[Trish]

Originally Posted by CreditCrisis

sorry i must have been ediitng it while you were replying. i rechecked and yes, its for an HSBC account that also just showed up today...

So they both just showed up? Are they both reporting a balance?

Originally Posted by CreditCrisis

i am not familiar with the "unknown debt" dv letter? in the subject do i put "unknown debt"? also you marked "violation" should i put in the letter that the way they are reporting the accont is a violation?

Let me see if I can find it.. and then I will post it for ya.

[CreditCrisis]

No they do not both report a balance. but i can provide proof that they both just started reporting if necessary? i have an alert thing set up and it specifically says "new accounts"

[Trish]

Originally Posted by CreditCrisis

No they do not both report a balance. but i can provide proof that they both just started reporting if necessary? i have an alert thing set up and it specifically says "new accounts"

Well, what sux is they can both report the same debt but only one of them can report a balance. Sorry.

Just keep track of everything with LVNV. They are well known for their violations. Don't point it out just yet. Hold on to it and just keep it for your records.
Letter is on the way......hang on.