Resurgent Capital LP
Date: Tue, 06/10/2008 - 06:36
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...
No...its for Wal-Mart. Before the bottom fell out, I had great
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.
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.
collectors have valid reason to pull credit in regards to collec
collectors have valid reason to pull credit in regards to collecting on consumer credit debt.
A collector can place it on report if the dv letter has not reac
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.
I only recd the phone call yesterday. I have not recd anything i
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
I'll sign in later, but right now I need some advice. I recd th
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
Under the fdcpa (1) The collection of any amount (including any
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.
How do I find out if it is the original amt and if allowed by my
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.
Usually if the charged off account or debt collector account is
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.
You need to demand validation of the debt, in writing, before yo
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.
I send a request for my password but I've not gotten it yet. I
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.
You can call the court house and ask if anything has been filed
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.
Yes I saved the message. Thank you for your reply. I will call
Yes I saved the message. Thank you for your reply.
I will call GE Capital for status information...but will they tell me anything?
Call the court for status information, to see if the case is rea
Call the court for status information, to see if the case is real.
yes, I will Monday. This guy is the one who mumbled something ab
yes, I will Monday. This guy is the one who mumbled something about the debt was not going to be charged off because of my credit score and because I own a house. He also said something about one amt (higher than I know the bal to be) and something about a lower amt. I couldn't get him to repeat.
I want to pay the debt, I've never not paid a debt...its just that I had to make a decision about what was the most important..ie: help me keep my job.
I discontinued every bill that wasn't a necessary to live.
Good news is I now have a parttime weekend job..now if I can find a parttime weekday job.
Remember... They named the company 'Resurgent Capital Services'
Remember... They named the company 'Resurgent Capital Services' because 'Dewey, Cheatem, and Howe' was already taken. I've dealt with Resurgent. They will lie, cheat, fabricate documents, or pretty much anything else to separate you from your money.
Not going to be charged off? That's odd. Federal law mandates the original creditor to charge off the account after 180 days non-payment. You really want to know who owns this account at present. That's one of the points in this validation letter:
http://www.debtconsolidationcare.com/collection-agencies/better-structure.html
The guy assigned the acct called back yesterday. He kept saying
The guy assigned the acct called back yesterday. He kept saying 'they' were filing an action and when I ask 'who' is 'they' he alluded to GECapital. I said I would call and speak with them them. He said I couldn't. I ask who now owns the credit..he said Resurgent..I ask then why would GECapital be filing any action against me? The conversation kept going along those lines...with 'they' being GE Capital. He finally admitted Resurgent had bought & now owned the credit. I said I wanted validation...and he said he had every charge and every statement...I said good. I want copies and that I am entitled to such under consumer protection laws. He said they would take $1100 which is what they paid. I said, again, I want validation...then he got mad and hung up. So far, he has given me 3 different amts they want. Oh..I ask why he didn't state my miranda right..he said he did (he didn't). So...I wasn't read the miranda rights; he alluded to legal action against me being taken by the original creditor(maybe not a threat, but a lie).
There was a lot more to the conversation with me pressing for answers...I think I got the truth out of him. Why do they play this game?...seems to me it would be a lot easier for a CA to be forthright and honest.
Your absolutely correct guest, it would be easier. However they
Your absolutely correct guest, it would be easier. However they want to take the low road and try to intimidate and pressure people and hope they aren't aware of their rights.
Guest, you really need to send Resurgent a demand for validation
Guest, you really need to send Resurgent a demand for validation of this debt. JCEMT has written a very good validation letter, which he's graciously provided to the community here as a template. Customize it to your individual needs, print out both the letter and the enclosure, and send the whole shebang to Resurgent, CM/RRR. You have to send things like this in writing, and you need to be able to prove they got it, hence sending it certified mail, return reciept requested. You can't just as for validation over the phone.
Yes, I will send the validation letter certified mail w/ rrr. I
Yes, I will send the validation letter certified mail w/ rrr. I've read many of the posts and articles; I understand this is the best thing to do.
I appreciate everyone's responses and I appreciate the articles...they have helped me considerably. I've gotten one old medical bill paid off; another one
is close to a pay off..GECapital was next on my list. I wish I had know about the 180 day charge off..I would have done something...I don't know what, but something. Sold the lawnmower for $10 I guess.
A long time ago, I had a bill collector call me about a defaulted phone bill with AT&T. My phone service was with Southern Bell and always had been. He was pretty nasty. Turns out the debtor was someone in another county who had the same initals and a ss# similiar to mine. It took 3 months to resolve. But what upset me the most, was that the CA had my SS#
because AT&T had made a typo. I always wondered why it was legal for a company to give out a SS# to a 3rd party without the SS# owner's permission. Seems to me that this is a questionable practice/law in a day and time where identity theft is so rampart.
Resurgent Capital Services filed a claim in my chapter 13 BK to
Resurgent Capital Services filed a claim in my chapter 13 BK to be paid. They are collecting on behalf of Credit One Bank.
Just so you know, Credit One Bank was owned by Sherman Financial
Just so you know, Credit One Bank was owned by Sherman Financial Group, LLC now known as Sherman Financial Group LP. AND ALSO known as Resurgent Capital Services LP and also known as lvnv funding llc.
So I don't know what the law is according to affiliation of businesses and your bankruptcy but chances are that they might not be able to make a claim on that account. Again please check with a lawyer. Oh and you can copy and print my statement if you would like and feel free to ask any questions I may be able to help you with.
Be sure to talk to your attorney about this. Credit One Bank is listed at 585 and 625 Pilot road Las Vegas Nevada 89119. Also LVNV Funding lists their address at 625 pilot road suite 2 las vegas. The problem is that last time I checked, there was no suite 2, both 585 and 625 pilot road are single tenant units 100% occupied by Credit One Bank
Guest what were you refering to whne you said that the guy did n
Guest what were you refering to whne you said that the guy did not advise you of your Miranda rights?
It seems a common mistake to mix CRIMINAL LAW with CIVIL LAW.
Miranda rights are given to crime suspects about their right not to talk, etc. As far as I know is that they have to advise you of your right to request validation of the debt if you so desire.
Its a type of mini miranda...this is an attempt to collect a deb
Its a type of mini miranda...this is an attempt to collect a debt and any information used is for the purpose...something like that