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Resurgent Capital LP

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PostPosted: Tue Jun 10, 2008 6:36 am Subject: Resurgent Capital LP

I'm in NC. Recd a voice message from someone with First Resurgent Capital Law Group. When I called back the phone was answered as "CI". When I spoke with the person that left the message, he said it was Resurgent Capital LP. I assume these are all one in the same? Are they a collection agency acting on behalf of a creditor, or are they a junk debit buyer?
He mumbled so bad I had to ask him to repeat almost every word. What bothered me was he made a inference to my credit score and that I own a home (he said $200,000 value..I wish!)...what's up with that?
Thank you...

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PostPosted: Tue Jun 10, 2008 6:44 am Subject: reply

do a search in the bar on the left,you will
find quite a bit on this CA.probably for a
pdl.they can't do anything that he said.

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PostPosted: Tue Jun 10, 2008 6:58 am Subject:

No...its for Wal-Mart. Before the bottom fell out, I had great credit, but I've been circling the drain for a couple of years now. I had to let Wal-Mart go because they wouldn't work with me; when I told them I had lost part of my hand in an accident and I needed extra $$ for rehab, they couldn't get off the phone fast enough.
The guy with Resurgent said total due was $2148.98, but are willing to settle for $1490(settlement offer?). I think my balance when defaulted was $1800. I haven't forgotten the debt, but I thought they had forgotten me...this call yesterday came out of the blue.

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PostPosted: Tue Jun 10, 2008 7:07 am Subject: reply

did you contact wal-mart?still they cannot put it on your report.at least not as the OC.they also can't do anything to your house.not for that small a debt,sounds like they either bought it or phished for your information.either way i would contact wal-mart to find out about your account.
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PostPosted: Tue Jun 10, 2008 7:41 am Subject:

collectors have valid reason to pull credit in regards to collecting on consumer credit debt.
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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
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http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
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PostPosted: Tue Jun 10, 2008 7:49 am Subject: reply

agreed,but i never said they pulled her credit.i think this CA bought the debt and is threatening to put it on there report.i don't know if they have yet.
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PostPosted: Tue Jun 10, 2008 7:58 am Subject:

A collector can place it on report if the dv letter has not reached them yet. if the dv letter is sent within 30 days of first contact and it is not reporting,then they would violate by placing it on report per fdcpa.Original creditor can report all they want as long as it is 100% accurate.
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Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Tue Jun 10, 2008 9:40 am Subject:

I only recd the phone call yesterday. I have not recd anything in writing. However, after reading through many of the posts in this forum, I'm beginning to feel like a ripe peach ready for the plucking. The agent's inference to my cr score and home makes me now feel as if he were drooling with dollar signs in his eyes in anticipation of that hugh bonus he thinks he is going to recd. Little does he know, I'm been circling the drain, barely able to hold on by my chewed-off fingernails for a couple of years now. I don't have a major appliance that works...the heat pump failed last yr...mom's in a nursing home...medical bills I'm still trying to pay...co I work for just bought out so I may not have a job after 08/08. Oh..and IRS is saying I owe them a different tax amt for 2002 and have therefore gone back & added penalties & fees. I'm 5'3", 112lbs. Here I stand....whoever wants a piece me better hurry..there won't be much left shortly.
for 2002

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PostPosted: Thu Jun 12, 2008 4:49 pm Subject:

I'll sign in later, but right now I need some advice.
I recd the letter from Creditors Interchange who Resurgent Capital Services LP placed with CI for collection. The current creditor is LVNV Funding LLC; original creditor was GE Capital (Wal-Mart). As I understand it, my agreement with GE Capital is now void since I failed to keep my payments currents. But Resurgent Capital Services LP states that the interest will continue to accrue on the account as provided in the agreement with original credit grantor. How can this be, if the orig agreement was with GE Capital which now void, and I did not enter into any agreement with LVNV Funding LLC?

Another thing is when I spoke to the guy Monday he told me the orig amt, but also said 'they' would settle for a different lesser amt. There is nothing in the letter regarding the lesser amt.

Advice please! Thanks,dr

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PostPosted: Thu Jun 12, 2008 5:58 pm Subject:

Under the FDCPA (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

If they don't have the original agreement and it is not allowed by law in your state, they can't collect more than the principle balance.

When they say they will settle for a lesser amount, example they paid $160 for a $2,000 debt. They will settle for say $1,000 and if they get it quickly they just made $840. That is their money, it does not go back to the original creditor. They bid on thousands of debts in a portfolio, say it's worth about $10,000,000 in debt. they pay maby 8 cents on the dollar so about $800,000 to the original creditor. Now the original creditor is out of the picture. The debt collector now needs to make it's $800,000 back and they will plus a few million on top of that.

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PostPosted: Thu Jun 12, 2008 6:48 pm Subject:

How do I find out if it is the original amt and if allowed by my state (NC). If someone can point me in the right direction to start searching, I would appreciate it.
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PostPosted: Thu Jun 12, 2008 7:15 pm Subject:

Usually if the charged off account or debt collector account is on your credit report, you can find the original amount there.

As far as the rest someone should be along.

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PostPosted: Thu Jun 12, 2008 7:15 pm Subject:

You need to demand validation of the debt, in writing, before you do anything else. There's a good template here. Customize it to your situation and send it to them, CMRRR. Remember to include the enclosure [FTC opinion letter]. Per FDCPA, they must cease collection efforts until they have provided validation to you.Don't hold your breath waiting on it, either. You look funny in blue. I sent a validation demand to Resurgent back in March. Haven't heard peep outta them since.
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PostPosted: Fri Jun 13, 2008 6:06 pm Subject:

I send a request for my password but I've not gotten it yet.
I recd the letter yesterday from CI on behalf of Resurgent LP(I assume) yesterday.
Today I recd a voice mail on my home phone from this CA stating that GE is filing in Guilford County court today and that I needed to call him before 3pm.
He did call me at work Monday...he did not call me at work today. I do not get home from work until after 6pm. Obviously he (CA) knows I work.
No explanation as to what is being filed. A failure to pay the creditor I assume.
If someone can give me some insight I would appreciate it.

How do I find out if GE Capital filed something against me with Guilford County civil court?
I am ready to lay down and die.

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PostPosted: Fri Jun 13, 2008 6:40 pm Subject:

You can call the court house and ask if anything has been filed against you. Most likely it was a scare tactic which is illegal and I believe that a collection agency saying that a lawsuit is being filed against you is illegal.

I do hope you saved the message and have it recorded, it may come in handy.

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PostPosted: Fri Jun 13, 2008 8:02 pm Subject:

Yes I saved the message. Thank you for your reply.
I will call GE Capital for status information...but will they tell me anything?

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