Entries Tagged 'LVNV Funding' ↓

Having done some research today on LVNV Funding it does appear that they try to hide behind Resurgent Capital to mask their collection agency status.  LVNV Funding will fight tooth and nail to not have a judgment issued identifying them as a collection agency.  That is why they have so many different layers of corporate protection.

The way that they do it is LVNV Funding buys old debts and turns them over to Resurgent Capital who in turn farms them out to other collection agencies.  If you receive a notice from another third party collection agency they will they will always display Resurgent Capital Services LP as the “creditor”.  This ploy is used to shield LVNV Funding and the Sherman Group.

I am going to open a pacer account in the next few days so I can analyze how they try to hide.  It looks like LVNV Funding has been sued at least 4 times this month for violations of The Fair Debt Collection Practices Act and The Fair Debt Collection Practices Act.

If you are receiving letters identifying Resurgent Capital Services LP or LVNV Funding  you really need to check your Credit Reports.  This will also help you identify the real source of their collection activities and may help you identify some of the abuses that Junk Debt Buyers use to try to collect on debts that they cannot verify.

It is a tricky line to walk but if you take your time and do some due diligence you should be able to get them off your Credit Report and maybe even pick up some pocket change along the way.

Make sure you see My Disclaimer.

I have done some research on LVNV Funding Lawsuits today and have found some very interesting bolgs and websites dealing with LVNV Funding Lawsuits.  Most are consumers like me trying to get the word out about LVNV Funding, Llc.

One of the best ones I have seen where Heather talks about her struggles with LVNV Funding and their sister companies.  While she has not updated it in a while I will contact her if I can and see if she would like to have her case featured here.

Christine over at Credit Suit thinks she is a pro when dealing with LVNV Funding Lawsuits and she may be as she seem to like to sue collection agencies a lot.  Just remember she is not an attorney and be real careful if you follow her advice.

If you want to see all the cases filed against LVNV Funding this site is bringing them all to light.  It lloks like it updates almost daily with all of the recent lawsuits LVNV Funding Llc has filed against them.

Bud Hibbs does a good job with getting the word out about LVNV Funding as well.  You can see other consumer comments about LVNV Funding at his site. 

As you can see LVNV Funding is no stranger to the judicial process.

Volenti non fit injuria and Contributory Negligence or Comparative Negligence and Unjust Enrichment

If you raise these a defense to a lawsuit by them it will have their attorney scratching their head. Most collection agencies and Junk Debt Buyers use the cheapest attorney they can find to attempt to get a default judgments. A default judgment is hard to get over turned unless they blow service.

If you are properly served by them, they deliver the notice of suit to you through a service agent or mail, then you must raise a defense less suffer a default judgment. Besides the fact that they will attempt to use false affidavits to prove the debt that they claim you owe they are not entitled to recover damaged they inflicted upon themselves.

Volenti non fit injuria basically states that a willing participant to an act cannot recover damages for an act that they volunteered for. A good example is a boxer cannot sue his opponent because his nose was broken in the match. He was a willing participant. Just as LVNV Funding purchases a non performing asset without you inducing them to do so, you have not caused them any harm they willingly purchased the defaulted account. Which is a perfect lead in for.

Contributory Negligence or Comparative Negligence. Contributory Negligence is an absolute defense and only applies in certain jurisdictions where as Comparative Negligence limits the scope of recovery based on how much the plaintiff is responsible for the damage. These defenses basically do not allow a plaintiff to recover when they caused their own harm. So if LVNV Funding purchased an account that was defaulted and deemed non collectible by the original creditor then they have caused their own damage. If they pay $20 for a $2000 dollar charged off account the only real loss that they may have claim to is $20 which leads us to.

Unjust Enrichment says that if you receive more than what is entitled then you must make restitution. It is not commonly a defense but used to recover money when a mistake is made on part of the part of the plaintiff. As a defense I would use it as a denial such as the plaintiff is not entitled to Unjust Enrichment. Meaning that they cannot claim a loss greater than their actual “real” cost. So in the example above for them to claim a loss of $2000 when they only paid $20 would be Unjust Enrichment for LVNV Funding.

There are so many roads that this leads down and if you do some due diligence you should be able to get any rent a lawyer that LVNV Funding hires to throw his hands in the air and dismiss the case. Just make sure you ask that it is dismissed with prejudice which means that they cannot try to reassert the claim, nor can any other future Junk Debt Buyer.

Make sure you read the Legal Disclaimer.

LVNV Funding, Llc uses Credit Report poisoning as one of their tools to collect debt that is outside of statute of limitations. I was recently contacted by a collection agency that they farm things out to before trying to work an account in house with their internal collection agency Resurgent Capital. In doing a little more research I discovered that they have poisoned my Credit Report.

This is a common tactic of Junk Debt Buyers. Here you can see where they have poisoned my Credit Report.

The way they poison Credit Reports is by changing the date of first major delinquency. Not only is this a violation of the Fair Debt Collection Practices Act it is also a violation of the Fair Credit Reporting Act. If you will look at their entry on my Credit Report you will see the date of last activity listed as 7/2005 with the date of first major delinquency as 8/2007. It is a physical impossibility for the date of first major delinquency to be over two years after the date of last activity, unless we are traveling in a space time continuum. The reason they manipulate the date of first major delinquency is because it resets the seven year reporting period. Meaning that negative credit stays on your Credit Report seven years from the first major delinquency and if they keep resetting this date from the actual date then they keep extending the seven year reporting period.

On the face it is not a Fair Credit Reporting Act claim unless they verify the information as accurate, but it is prima facie evidence of a Fair Debt Collection Practices Act Violation.  Using a false or deceptive mean to attempt to collect a debt.  It may also be construed as libel per se if your Credit Report is accessed by anyone with this denigrating information displayed to them.  Especially if you were unable to receive credit or employment due to negative credit.
If you are being sued or harassed by LVNV Funding, Llc you need to order a copy of your credit report. You can then use this as a tool against them if you fight back.

This is not the only way to fight back against LVNV Funding but this should be your first step. Since Equifax is the major Credit Reporting agency in their location you can get a copy of it by visiting the Equifax website. Just click anywhere you Equifax.

Do not go into court with LVNV Funding without it. You can then raise this as a counter claim against them or use it as a negotiating tool.

Make sure you book mark this site so you can follow my progress with them. I will also show you some other things that you can raise against them if they are trying to collect from you in court. I am not an attorney so if you have a serious legal matter with them I do encourage you to seek legal advice. Just remember it is not the end of the world if a Junk Debt Buyer such as LVNV Funding is coming after you. Companies like this use so many illegal collection tactics that it is almost comical.