Reporting Q:

neil5623 · 01-18-2008, 10:28 PM

Let's say a JDB is reporting the purchased balance as "Past Due" Is this incorrect? Thought I saw somewhere that a JDB could not report it as such. LVNV.....

Enigma · 01-18-2008, 10:50 PM

Yes, it is incorrect.

neil5623 · 01-18-2008, 11:46 PM

WOO HOO!! $$$$$

ilovemydogs · 01-19-2008, 08:24 AM

Quote:

Originally Posted by Enigma

Yes, it is incorrect.

How would you word this to CRA?
Do you then wait ,see if it is removed or not, and then file a suit on JDB,and also dile suit with CRA if it is not removed?

Thanks

Enigma · 01-19-2008, 10:44 AM

Quote:

Originally Posted by ilovemydogs

How would you word this to CRA?
Do you then wait ,see if it is removed or not, and then file a suit on JDB,and also dile suit with CRA if it is not removed?

Thanks

Dear CRA

JDB is incorrectly reporting that I have a past due balance.

neil5623 · 01-19-2008, 03:17 PM

Sent my letters out this morning. I put:

Past due is wrong. Collection account cannot have a Past Due amount.

Since the CRAs convert everything to a code, the meaning will probably get lost in the translation. All I am after is enough violations by somebody to let me file on LVNV in a couple of months.

hannah · 01-19-2008, 03:32 PM

Quote:

Originally Posted by neil5623

All I am after is enough violations by somebody to let me file on LVNV in a couple of months.

Thanks for the warning...

neil5623 · 01-19-2008, 08:54 PM

Quote:

Originally Posted by hannah

Thanks for the warning...

Why, are you skeerd? It should be a cookie cutter case that I used a couple of years ago with them and achieved my goals. No problem.

Or is it that you have some interest with them?

apexcrsrvc · 01-20-2008, 12:18 AM

Unfortunately, the account tradeline will likely be removed. You will lose any FCRA claims if indeed this washes out like I suspect. However, you will still have a FDCPA claim but, make sure it's enough to offset what they allege you owe them. They're pretty litigatious.

neil5623 · 01-20-2008, 02:17 PM

Quote:

Originally Posted by apexcrsrvc

Unfortunately, the account tradeline will likely be removed. You will lose any FCRA claims if indeed this washes out like I suspect. However, you will still have a FDCPA claim but, make sure it's enough to offset what they allege you owe them. They're pretty litigatious.

Based on my previous experience with them, the TLs may not get deleted without a compelling argument. When I told the Atty back then that I wanted the single TL deleted, he said that there had to be a good reason. Back then, the reason was that they re-aged it, so when the re-aging was compensated for, it should have already dropped off.

This time is different. Besides "It will cost you more if you don't," what would be a compelling argument if they don't just disappear?

neil5623 · 01-23-2008, 08:17 PM

stargazer0725 · 01-24-2008, 10:10 AM

Battling LVNV is not a slam dunk and they do not hold back any punches (I know from lengthy personal experience with them myself). They like to argue that they aren't responsible AT ALL (blaming both the CRA and their "collection company" - so make sure you include whoever is "collecting on their behalf" and the CRA in the suit as well.

Make sure you've got provable damages as a result of your s2-b violations as they like to argue about that. Also be prepared to subpoena records, and to compel discovery. All-in-all they're a regular PITA to fight and consume a lot of your time (which is probably why Hannah said thanks for the warning).

roybean · 01-24-2008, 10:34 AM

Quote:

Originally Posted by stargazer0725

Battling LVNV is not a slam dunk and they do not hold back any punches (I know from lengthy personal experience with them myself). They like to argue that they aren't responsible AT ALL (blaming both the CRA and their "collection company" - so make sure you include whoever is "collecting on their behalf" and the CRA in the suit as well.

Make sure you've got provable damages as a result of your s2-b violations as they like to argue about that. Also be prepared to subpoena records, and to compel discovery. All-in-all they're a regular PITA to fight and consume a lot of your time (which is probably why Hannah said thanks for the warning).

How long did you litigate with them?

stargazer0725 · 01-24-2008, 10:57 AM

18 mos after filing suit before settling before trial. Wanted to go the whole way, but went with the advice of my atty and expert witness.

neil5623 · 01-24-2008, 11:40 AM

Dang. The one I did a couple years ago had their corp attorney calling me wanting to settle right away. Maybe he saw what the situation was and said "oops."

The only diff between that suit and what I am preparing now is that one was reaged and beyond the 7 year reporting. Oh yeah, this one is still in SOL.

drivel · 01-24-2008, 04:54 PM

Quote:

Originally Posted by roybean

How long did you litigate with them?

Don't worry roybean, I'm sure your record is safe.