[neil5623]

In early 2006 I DV'd straight to LVNV while we were in the middle of a suit. Strangely, I received a letter from Resurgent but it referenced a completely different account that I did not know they even had. Anyway, I looked closer the other night because it seemed there were some questions on how to show LVNV is the one reporting to the CRAs. The letter states:

"If LVNV Funding LLC is currently reporting your account to the three major credit reporting agencies,..."

Enjoy.

[DUSTY]

was that they had previously given you the 'bogus' affidavit and now actually did the investigation they should have done and found insufficient documentation. At least they sent you a letter. I had to tape record.

As I've looked up LVNV for recent lawsuits, they're always the defendant. Although I'm sure they do I found none in my district in the last 2 years where they've tried to collect in a suit.

[centex]

I'm a litttle confuzzled by the question...linking Resurgent to LVNV has never been a difficult task just as it was never difficult to show the correlation to the former Sherman name.

As to claims associated with the reporting matter, if one is pursuing litigation, then you name the party reporting that had failed to take whatever action was requested and let the matter sort itself out in court. Cross-claims finger-pointing can be fun when one knows ahead of time who will be pointing the finger at whom...

[DUSTY]

But, read many pro se that lost cases because they pled FDCPA and FCRA and didn't make the connection. It's not hard to connect if you do the research. A recent case this month was answered as Resurgent Capital Service LLC dba LVNV. LVNV wasn't even registered in that state. The attorney found that when you service the registered agent for Resurgent it goes to Kevin Branigan at LVNV.

Cases are being lost because of insufficient pleadings and among other things that there was nothing in the complaint that they were notified by the CRA's of a dispute. No violation because a necessary element wasn't pled in the complaint that they were notified by the CRA's of a dispute.

They also claim they never demanded payment. So unprepared Pro Se'rs are having a hard time responding. See a copy of a not collection collection letter at

http://www.infinitecredit.com/forums...7451#post27451

[hannah]

I may rethink this post in the morning but what the hell...sue them all and let the judge earn his paycheck!

[centex]

Originally Posted by DUSTY

But, read many pro se that lost cases because they pled FDCPA and FCRA and didn't make the connection. It's not hard to connect if you do the research. A recent case this month was answered as Resurgent Capital Service LLC dba LVNV. LVNV wasn't even registered in that state. The attorney found that when you service the registered agent for Resurgent it goes to Kevin Branigan at LVNV.

Cases are being lost because of insufficient pleadings and among other things that there was nothing in the complaint that they were notified by the CRA's of a dispute. No violation because a necessary element wasn't pled in the complaint that they were notified by the CRA's of a dispute.

They also claim they never demanded payment. So unprepared Pro Se'rs are having a hard time responding. See a copy of a not collection collection letter at

http://www.infinitecredit.com/forums...7451#post27451

Note the bolded part. If one loses because they failed to do the research, then they deserve to lose. There are websites out there that have far too many pro se litigants believing that a company will faint at the sight of a copy and paste ITS letter. If you want to play lawyer, part of the job includes DOING THE RESEARCH.

Linking companies is not a difficult task and ranks on the low end of the scale in terms of what should be considered bare-bones minimum before one ever sends the first ITS-esque communication.

It is also the routine pointing out that there is more to this stuff than other websites lead one to believe that likely contributed to my having been banned elsewhere.

[hannah]

Originally Posted by centex

It is also the routine pointing out that there is more to this stuff than other websites lead one to believe that likely contributed to my having been banned elsewhere.

[Pale Rider]

I am surprised that an inbred relative of Sherman/LVNV did not include the geneology on the back of the letter or on an insert. My scanner is broken but I may get a new one tomorrow to show the sample letter.

This Privacy Notice is being given on behalf of each of the following related companies (the "Sherman Companies")....

Sherman Acquisition, LP
Sherman Acquisition, LLC
Ascent Card Services, LLC
Resurgent Capital Services, LP
FNBM, LLC
LNVN Funding, LLC
Ascent Card Services II, LLC

Somewhere along the way I guess I missed where Alegis changed their name to Resurgent, or was replaced by them. The address is almost, if not exactly, the same.

[DUSTY]

Originally Posted by centex

there is more to this stuff than other websites lead one to believe

When I first started reading on AoC I thought; send a VOD letter within 30 days and collect $1,000. No it's not as easy as that and if you were thought wrong of to 'ready' someone for what they might face then that site has the same honesty issues as does the JDB's.

Thank you Hannah about the notice of assignment, of course in Florida such notice must be within 30 days and it wasn't. However there's no penalty directly mentioned in the statutes and we haven't been able to find any case law. Does anyone in any other state have a similar restriction on notice of assignment and case law that might work to show the penalty for failure to timely notify assignment?

As far as the link between the companies it's not just a link they're the same look at this.

1) Resurgent's Service of Process Transmittal goes to LVNV.
2) In their pleadings they answered Resurgent dba LVNV. LVNV is not registered in FL, Resurgent is.

[centex]

Originally Posted by DUSTY

As far as the link between the companies it's not just a link they're the same look at this.

1) Resurgent's Service of Process Transmittal goes to LVNV.
2) In their pleadings they answered Resurgent dba LVNV. LVNV is not registered in FL, Resurgent is.

But, your pleadings have to demonstrate that fact. It is not enough to simply say that A equals B.

[hannah]

Originally Posted by DUSTY

When I first started reading on AoC I thought; send a VOD letter within 30 days and collect $1,000. No it's not as easy as that and if you were
thought wrong of to 'ready' someone for what they might face then that site has the same honesty issues as does the JDB's.

I do not remember AoC ever advocating merely sending a VOD letter and collecting $1000. No statute says that and I'm fairly certain that none here from AoC have ever stated such. Some that do not understand what the FDCPA, the FCRA, or their own state consumer code allows for simply did not do their homework if they continue to believe such drivel.

Originally Posted by DUSTY

Thank you Hannah about the notice of assignment, of course in Florida such notice must be within 30 days and it wasn't. However there's no penalty directly mentioned in the statutes and we haven't been able to find any case law. Does anyone in any other state have a similar restriction on notice of assignment and case law that might work to show the penalty for failure to timely notify assignment?

The Notice of Assignment statute in WV states:

§46A-2-113. Notice of assignment.
A consumer is authorized to pay the original creditor until he receives notification of assignment of rights to payment pursuant to a consumer credit sale, consumer lease or a consumer loan and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the consumer, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless he does so the consumer may pay the original creditor.

Which basically means you don't have to pay anyone who does not validate to the extent that you reasonably know what rights and to whom the alleged debt was assigned. This particular statute has caselaw for allowing for validation of debts beyond the FDCPA statutory 30 day request. Your state code may have something similar so you need to do your homework.

[DUSTY]

"I thought" at first. It takes awhile to get a grasp of what's really involved in exerting your rights. At the time we we're adopting a little girl and two creditors filed suit. We got the best attorney for the adoption. Besides worrying about how that might affect the adoption I had to proceed Pro Se in 'debtors court'...you can imagine the experience.

It was the forum that helped tremendously in answering those complaints and finally I've learned enough to start cleaning up my credit and prepare for possible suits in a competent and thoughtout manner. What many here understand that others (friends/family) don't is also in a justifiable manner. Any 'debt' I dispute - I really dispute. If'n the companies I'm dealing with act irresponsibly and contrary to what I've come to known as the law only then might I take issue with them.

So on contrar, I've gained a deep respect for the forum and please don't ban me for making a boo boo.

[DUSTY]

in question is

559.715 Assignment of consumer debts.--This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment. The assignee is a real party in interest and may bring an action in a court of competent jurisdiction to collect a debt that has been assigned to such assignee and is in default.

However, this is not specifically included in the section regarding what is actionable by the consumer. So the question is what happens if'n the notice is not given in 30 days??? We haven't found any case law and am going to try to find the legislative intent. But, what ya'll think that know legalese construction.

[hannah]

How about posting the statute or a link to it?

[DUSTY]

Originally Posted by DUSTY

FS 559.715 Assignment of consumer debts.--This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment. The assignee is a real party in interest and may bring an action in a court of competent jurisdiction to collect a debt that has been assigned to such assignee and is in default.

[neil5623]

Glad to see I could generate so much excellent discussion.

I posted the attachment because I saw in one of my readings where LVNV said they had nothing to do with the CRA entry, it was all some other entity, even though the CR had their name and address as the owner.

Need to organize my research better so I can find it again.

[Pale Rider]

New scanner is working now. Here is the document I was referring to, if anyone is interested.

The Sherman Companies