Sherman Acquisition L.L.C ; FNBM, LLC; Ascent Card Services, LLC; Ascent Card Services II, LLC Trying to collect an invalid debt and damaging my credit report Ripoff Greenville South Carolina
LVNV Funding LLC had a collection agency, Allied Interstate, to contact me on August 18, 2006 regarding a $293.94 debt they say LVNV purchased from OSI/Gulf State Credit. I have never had any dealings with either company.
LVNV has identified me by a last name that was changed about 10 years ago. I remarried on February 14, 1997, at which time my last name changed. I haven't used the name of my first deceased husband for over 10 years.
I've paid all legitimate debts against me and am current on all of my accounts. I don't need to get credit right now, but LVNV has ruined my credit score.
I sent a letter requesting verification 5 days ago. What else can I do about this?
Terry
Houston, Texas
U.S.A.
3 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Terry...Here is what you do.
#4Consumer Suggestion
Sat, September 02, 2006
Terry,
You need to go to the FTC.gov website and read and print out the FDCPA and the FCRA. They are fairly short and easy to print out. This is very important. READ IT and LEARN IT. Very Important.
Then contact the NACA to get a lawyer who specializes in these issues. Go to budhibbs.com, creditboards.com,complaints.com, and do an internet search for debt collections, and search companies by name.
The FTC allows up to 1000 per violation plus costs in punitive damages, and then whatever actual damages you suffered you can go after in a civil lawsuit.
Do multiple FTC complaints online as investigation and/or prosecution gets done based on number of complaints.
Knowledge is power. It is up to you to seek the knowledge and then act on it. You have to be extremely aggressive when dealing with debt collectors/debt buyers/ debt collection attorneys.
Pull your credit reports and see what is actually on them. Under federal law you are entitled to 1 free credit report from each credit bureau each year, and whenever you are denied credit, housing, or employment based on the results of a credit report.
The ONLY OFFICIAL website where you can get you free 3 in 1 credit report under federal law is annualcreditreport.com. Any other site requires you to buy a membership and pay monthly subscriptions. Or you can contact each credit bureau directly and request an individual report, and this is the method I suggest.
Have fun! Get Paid!
Terry
Houston,Texas,
U.S.A.
How do I sue and what would the damages be?
#4Author of original report
Fri, September 01, 2006
What do the laws say about what the damages would be since LVNV has placed something negative into my credit report? Do I have to find an attorney? What type of attorney would be best? I'm not sure what to do?
Steve
Bradenton,Florida,
U.S.A.
Terry...You CAN SUE for damages under the FDCPA and the FCRA..
#4Consumer Suggestion
Fri, September 01, 2006
Terry,
This is easy. Stay off the phone and communicate ONLY in writing by certified mail, return reciept requested. Put the certified# on the letter itself and keep a copy for your records.
Although it is perfectly legal for a JUNK DEBT BUYER and/or collection agency to attempt collection on an "out of stat" debt, it is ILLEGAL to report such an item to your credit files. You have recourse and are entitled to recover damages from such reporting.
These people only have whatever info was attached to the old debt. That is why they are using your old name, but this works in your favor as it dates the account.
Make them pay!!