Collections notice.. Anyone familiar with this place?

[C.Ann]

This is really odd.. The end of August I received a collections notice from "Allied Interstate" naming a creditor as LNVN FUNDING LLC and the original creditor as Consolidation usa (yes - that's exacty how it was spelled) - with an account number, an amount due of $1505.19 and a settlement offer of $602.08.. Only problem is, I have never heard of any of these people - nor do I have any outstanding debts with anyone..

So, I immediately responded - disputing the debt - explaining that I have no outstanding debts with anyone - and requesting validation so I could determine if it might be a case of identity theft or something along those lines..

Today I received a notice from Resurgent Capital Services, LP in response to the letter I sent.. Again, it states that the previous creditor is Consolidation usa and the current creditor is LVNV Funding, LLC and a statement that reads: "This account has been placed with Resurgent Capital Services, LP.
Enclosed find an original validation of debt that verifies the debt."

On the next sheet it reads: Validation of Debt
September 14, 2006
C.Ann Smith

"The account of C.Ann Smith acquired from Consolidation usa is now owned by LVNV Funding, LLC.

At the time the account was acquired from Consolidation usa, Consolidation usa advised that the balance owing was $1302.42. Since that time, additional fees, payments, credits and offsets, if applicable, have been allowed, for a current balance of $1,483.71.

*Please note that any additional interest, fees, payments, credits and offsets made within the past 30 days may not be reflected in the above mentioned current balance."

--------------------------------

In each letter, there was also a third page that reads:

"This Privacy Notice is being given on behalf of each of the following related companies (the "Sherman Companies.) It describes the general policy of the Sherman Companies regarding the personal information of customers and former customers.

Sherman Acquisition, LP
Resurgent Capital Services, LP
Sherman Acquisition II, LP
Sherman Acquisition, LLC
FNBM, LLC
Sherman Acquisition TA, LP
Ascent Card Services, LLC
LVNV Funding, LLC
Ascent Card Services II, LLC
-----------------------------------------------

I don't have a clue what any of this is about.. I don't believe in credit cards, have never had a mortgage, don't do car payments, no outstanding medical bills, no back taxes, etc..

What makes it even more confusing is it couldn't be someone else who had previously lived at this address because I'm at the lake and this property has been in my families name (different than mine till I purchased the place) since 1952 and the prior owners of the land are long dead and buried..

So - I just fired off another letter - requesting a proper validation (when, where, who, what, why, when, etc.)..

I have always been a cash-on-the-line person (pay as you go unless you're going for good) so I really don't know what to make of this..

Any ideas?

 

[dvcgirl]

Sounds like it's from a scavenger collector or a complete scam. Clark Howard talks about them all of the time. The lowest of the low. Scavenger collectors buy old debt for pennies on the dollar and will send out letters to anyone and everyone with your same first and last name. He has a "Drop Dead" letter on his website that you can send to this "collector"....here's the link...

http://clarkhoward.com/shownotes/category/12/103/358/399/

 

[MyGoofy26]

From everything I've read, those are pretty slimy collection agencies . . constantly getting sued, constantly violating the FDCPA, etc. I see those names (LVNV, Sherman, etc) come up a lot on creditboards.

If you don't have any old accounts this could be, chances are they skip-traced someone with the same name or similar name and now it's become your problem. They don't care if they get the money out of the right person, as long as they get money.

What they sent is not validation. Heck, I could write a letter to you telling you owe me money - doesn't make it true. They know this, but they also know that most people aren't aware of their rights.

Do a google search for Sherman - you'll see just how bad they are. Bottom of the barrel.

You might want to register and post at creditboards - this company is so slimy and violates so much that I wouldn't know where to begin to give advice on how to handle them. There are a lot of people who have dealt with them over there, a few lawyers, a few "pros" - all willing to talk you through it. If you're up for it, I bet you can walk away with a few thousand dollars of their money in the end. I don't think they know how to legally collect - they just rack up $1000 violation after violation.

 

[C.Ann]

What they sent is not validation. Heck, I could write a letter to you telling you owe me money - doesn't make it true. They know this, but they also know that most people aren't aware of their rights..

------------------------------------

That's one of the things I told them in my second letter - replace my name with "Mary Smith" send it to a different address and it still doesn't validate any debt.. Sheesh!

Well I know it's not mine - I have no debts, old, new or anywhere in between - so I guess I'm going to have to wait and see how they respond to this second letter and then go after them for violations..

I already went over to the creditborads and found that others have received these ridiculous "validations"..

Lucky me! I could use a little "wind fall" - LOL.. How many violations should I let them rack up before I cut them off at the knees??

 

[MyGoofy26]

------------------------------------

That's one of the things I told them in my second letter - replace my name with "Mary Smith" send it to a different address and it still doesn't validate any debt.. Sheesh!

Well I know it's not mine - I have no debts, old, new or anywhere in between - so I guess I'm going to have to wait and see how they respond to this second letter and then go after them for violations..

I already went over to the creditborads and found that others have received these ridiculous "validations"..

Lucky me! I could use a little "wind fall" - LOL.. How many violations should I let them rack up before I cut them off at the knees??

I've seen reports over on creditboards where people have let them rack up and walk away from small claims court with $50,000 . . . I see people getting $10,000 or more and I start getting jealous, "My name's not that uncommon - why can't they bug me?" LOL!

 

[ALittleDisneyFan]

Best advice to see if this is legit... CHECK YOUR CREDIT REPORT!

I dealt with this "cr*p" for TWO years, I'm still bitter about it. First time around.... FIL's bad credit was being added onto hubbys credit score.. Same name, different middle initial. Took months to get that off. Once that was done, we had something else pop up from a creditor, from when my husband was ..... JUST turning 18!!!!! Ohh this was great, it turns out DH's AUNT used his name AND his SS# for a cell phone she bought online, racked up the bill, never bothered to pay it. Oh I was l.i.v.i.d! That took A VERY long time to get off the credit report. We still don't have that resolved due to the detective having rocks for a brain.

The creditors are horrible... just horrible.

 

[Dagny]

I had a similiar issue years ago with several collection agencies of Presidents Health Club. They used ridiculous tactics to try to get me pay for something I never signed up for (the supposed contract wasn't in my name, but my ssn ). After a year of arguing with them, I wrote the Federal Trade Commission and they took care of it for me.

 

[NotUrsula]

Send copies of both letters to your state Atty. general's office. They will advise you if the claim is fraudulent.

 

[lost*in*cyberspace]

I've seen reports over on creditboards where people have let them rack up and walk away from small claims court with $50,000

No small claims court in the US will handle a claim for $50,000. Perhaps you are confusing this with a civil court action?

 

[shades]

I just dealt with this company a few months ago - LNVN FUNDING LLC. We had our credit pulled about 1 1/2yrs ago while buying a house and there were 2 MCI accounts that showed up as collections. First of all, there were not ours - we have never used MCI's services for anything at anytime. We also pay our debts on time. Secondly, both MCI accounts were listed for the same dollar amounts. So, not only was there an erroneous account on our report - there was a duplicate posting. I disputed the debts with the agency that provided the report and they did nothing about it. I found out a year later while doing a random credit report check that not only was the problem never resolved - but that it had escalated and this company: LNVN FUNDING LLC had picked the duplicated accounts up. This company sent a letter to us and I called them directly and was as nice as I could be. I explained to the guy that this was not my account (and oh by the way - it is clearly a duplicate posting) and that I had disputed it with the credit report. I told him that if he has access to pull my credit report, to please do so and he will see that we have no bad marks at all, never have had and clearly - allowing an account go to collection is out of character for us. He was really nice and he said he would take care of it. I can only assume he did within his company because I never heard from them again. I've also disputed the accounts with the 3 major credit bureaus - within the past 6 months and they have all removed the derogatory information from our reports.

I recommend that you begin with contacting LNVN FUNDING LLC so they don't continue their nonsense and/or try to sell the account to another collector. Don't forget to pull your credit reports from the 3 big credit bureaus and dispute the account. Unfortunately, if you don't get LNVN Funding to close the account - it may pop back up on your credit report even after you dispute it.

Good luck!! This is one of those headaches that nobody needs!!

 

[C.Ann]

Thanks for all the suggestions.. I googled all of the CA's that they listed and sure enough, these folks have a pretty bad reputation.. Couldn't find anything for the "original" creditor they claim to have obtained this debt from though - Consolidation usa..

I've read up to page 15 so far on the credit boards and the advice there is to not call them unless I want to receive phone calls from them (or whoever they sell the account to when they are unable to properly validate the debt) until the day I die.. Very annoying that I have to deal with this when there is absolutely no possibility that I owe this debt to them or anyone else.. Grrr..

Today I'll be heading over to the post office with my response - which will be sent by certified mail.. I've made photo copies of all correspondence between myself and the assorted companies they use and will stick them in a file..

I'll pull my credit reports first chance I get, but I don't expect anything to be there because I don't use credit.. If there is something there, how do I dispute it? I started to read about the process last night on the creditboards but to a non-credit using person it was a little confusing for me.. Also, my address has changed so how do I deal with that? Will the reports come up with my old address or my new one?

You have no idea how annoyed I am that I have to deal with this nonsense!!

 

[shades]

Chances are, your credit file will pull up with your current address simply because even though you don't use credit - you probably do use utilities, insurance, possibly mortgage - so all of these companies report your current info to the credit bureaus and your contact info gets updated.

Somebody will surely come along and post information to help you with a website to pull your reports for free. I'll see if I can find the one I used - and post the website. It was a single website that pulled all 3 major credit bureaus for free and I wasn't required to sign up with a credit card for a 30 day "free trial" like so many free companies require.

Once you get your report - it is very easy to dispute accounts. If you get a credit report mailed to you, there will be a page (usually the last page) with instructions on disputing. It was even easier online.

Somebody reading this post....please help her out with a good free website to pull her reports;o)

 

[okeydokey]

The Boston Globe did a spotlight series on this issue not too long ago. Even when they know it is not you, they continue to harrass you hoping that you will give in and pay. In most cases, the names were almost the same but not quite.

 

[MyGoofy26]

No small claims court in the US will handle a claim for $50,000. Perhaps you are confusing this with a civil court action?

I know most people get a few violations and take it to small claims. You're right though, I was dead tired when I wrote last night, LOL. Those big wins were actual civil cases with lawyers and all that. Then there are people who can't say howmuch they got (though they hint strongly) because the CA folded before it went to court and offered a generous settlement.

 

[MyGoofy26]

The Boston Globe did a spotlight series on this issue not too long ago. Even when they know it is not you, they continue to harrass you hoping that you will give in and pay. In most cases, the names were almost the same but not quite.

I think this is the series you're talking about
http://www.boston.com/news/specials/debt/

Even in the cases where the consumers were wrong, and did mess up - it's sickening just how far these people will go to destroy a person's life.

 

[MyGoofy26]

Thanks for all the suggestions.. I googled all of the CA's that they listed and sure enough, these folks have a pretty bad reputation.. Couldn't find anything for the "original" creditor they claim to have obtained this debt from though - Consolidation usa..

I've read up to page 15 so far on the credit boards and the advice there is to not call them unless I want to receive phone calls from them (or whoever they sell the account to when they are unable to properly validate the debt) until the day I die.. Very annoying that I have to deal with this when there is absolutely no possibility that I owe this debt to them or anyone else.. Grrr..

Today I'll be heading over to the post office with my response - which will be sent by certified mail.. I've made photo copies of all correspondence between myself and the assorted companies they use and will stick them in a file..

I'll pull my credit reports first chance I get, but I don't expect anything to be there because I don't use credit.. If there is something there, how do I dispute it? I started to read about the process last night on the creditboards but to a non-credit using person it was a little confusing for me.. Also, my address has changed so how do I deal with that? Will the reports come up with my old address or my new one?

You have no idea how annoyed I am that I have to deal with this nonsense!!

Definitely stay off the phone if you can. Not only because they'll think "haha! We got someone to bite! Attack!" but because anything they may say they'll do over the phone means nothing. You want EVERYTHING in written form so that if it does escalate and you do have to take them to court, a judge isn't going to listen to he said/she said. You want EVERYTHING in writing, because they'll inevitably dig their own holes.

Pull your report anyway. You may still have file, even if you don't have any credit. Even if you've applied for credit or a service in the past that checks credit reports, you'd get an inquiry that opened up a file for you. If you've ever been an authorized user on someone else's account. You can go to www.annualcreditreport.com and request your free reports. Be sure to check all three, because they don't always have the same information. Some companies use all three, some use just one. . . so information can vary widely from report to report.

I'm sure you're quite annoyed - I would be. Problem is that the regulations aren't enforced, so these companies violate left and right causing people to fight them out for months to clear their names. And most people aren't aware of their rights, so it's worth the risk to them. They may have to shell out a few grand to someone who does call them on their illegal moves, but it's a small price to pay when they can get more than enough to make up for it from those that don't know their rights and pay debts that aren't theirs, or are more than they should be paying.

 

[summerrluvv]

I've never heard of the original creditor, but maybe they have the wrong person with the same name. Allied, LVNV and Resurgent are all well known collection agencies and we have many clients who owe legitiment debts to them and include them in their BK.

 

[pigletforever]

I am a creditboard member and have been for over 2 years. Teh biggest thing I learned was create a papertrail. Document document document. i am known as Bretherite over there. I would post over there and wait for pryan or one of them to help you. I would continue to ask for validation. Keep all CMRRR's you send and then nail them to the wall.

 

[C.Ann]

Well my second letter - sent Certified Mail RR - is on it's way.. Wonder what they'll try to pass off as "validation" this time?

I think it's very odd that this "original creditor" - Consolidation usa - doesn't even appear to exist (tried to Google it every which way to Tuesday) - and these jokers totally ignored my request to identify what kind of company this was and what any money would be owed for.. Almost like it's a "dummy" company or something..

I'm beginning to think more along the lines of this being a scam by these people rather than an "innocent" case of mistaken identity..

The paper trail has started and I will continue to add to it as the violations pile up.. Annoys me to have to waste my time like this, but I'm not going to be bullied into paying out money that I don't owe..

 

[C.Ann]

Allied, LVNV and Resurgent are all well known collection agencies and we have many clients who owe legitiment debts to them and include them in their BK.

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They may be "well known", but I suspect the only reason that they are so well known is that they refuse to validate the debts in question and expect people to just fork over large sums of money with no questions asked..

Could someone have the same name as mine? Sure.. But that still doesn't give them the right to harass me and not even provide the necessary information that would allow me to prove that I am not the person in question, nor do I owe this debt.. A legitimate collection agency would provide any and all information requested and not hesitate for one minute to put it in writing..