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SCI, RUDE, mails to wrong address, liars.

Date: Tue, 10/28/2008 - 18:17

Submitted by anc526
on Tue, 10/28/2008 - 18:17

Posts: 192 Credits: [Donate]

Total Replies: 8


My husbands capital one card got sold to Resurgent. They hired SCI to collect for them. I get a phone call this evening. The lady immediately starts going on about how Resurgent knows that we have a home and that they will sue for a lien on the home if we don't set up a payment arrangement. She tells me that Resurgent isn't in a position to offer low payments because they know that we only have 2 collection accounts on my husbands credit and that we have a home and my husbands credit score is good so we can get a loan to pay it off.

At this point I HAD to correct her. My husband has tons of stuff in collection, and there is no way he'd qualify for any loan. I told her I was working with a debt settlement company. She told me that they need a payment by the 31st or else it was going back to Resurgent and they will sue and put a lien on my house and garnish my husbands wages.

First of all, wage garnishment isn't legal in PA, second, my house has NO equity in it, she is telling me to get a home equity loan. With what equity?? Lol.

So I tell her that I'm working with a settlement company and that payment by the 31st isn't possible anyway. Then I tell her that if they JUST got my account that I have at least 30 days to dispute it and that I haven't gotten any letter. Then she proceeds to tell me the address they have on file. It's my MOTHER-IN-LAWS address. I'm furious because we have never given that address out.

I asked how she got it and she said that we put it on the file. That is BS because we got that account a year ago, my mother in law just moved into her new home a few months ago. So I demanded that it be taken off and a letter be sent to my correct address.

This lady was rude, unprofessional, and then she put her manager on the phone who kept telling me that she doesn't think we will qualify for a hardship payment because my husband makes to much and we own our home. As soon as I didn't back down, then her tone changed.

I just gave her the number to the company/attorney handling my debt settlement. She told me that I need to call my mom and ask to borrow money and call her back.

She was threatening: lawsuit, attaching a lien to my house, garnishment of wages, telling me that they are adding on their fees to the equation, telling me that if the account goes by to Resurgent that Resurgent will add new fees, plus lawyer fees, and filing fees.

It was ridiculous. Plus I slipped up and told her I'm pregnant so she kept telling me that I don't need this debt that I'm going to have a lot of expenses and that I need to think about what's best for the baby.

I'm so sick of these people. Debt settlement relief cannot come quick enough.


Thanks unclewulf. I'm getting a DV letter out tomorrow. I talked to Persels & Associates, the people handling my settlement and they will also be sending them notice of representation and a cease & desist letter on my behalf.

I think its bull that they try to convince you that they got the debt yesterday and you only have a few days to come up with money. Thankfully I'm learning little by little from this website.


lrhall41

Submitted by anc526 on Tue, 10/28/2008 - 19:48

( Posts: 192 | Credits: )


[quote=anc526]I think its bull that they try to convince you that they got the debt yesterday and you only have a few days to come up with money. Thankfully I'm learning little by little from this website.[/quote]

That's called overshadowing, and it's a blatant violation of fdcpa, which is the federal law that defines what collectors can and can't do. Document everything! If they try this crap again, I'd seriously consider legal action for the FDCPA violations.


lrhall41

Submitted by unclewulf on Tue, 10/28/2008 - 19:57

( Posts: 3172 | Credits: )


Can you explain "overshadowing" to me? Is it basically the debt collector telling you that you only have a few days to come up with the payment, when in fact you have 30 days to dispute the debt?

I'm just pissed about them sending mail to my mother-in-law. They have our home address. We've received mail here from Resurgent before. And this SCI place is swearing they only had my mother-in-laws brand new address. She moved from Delaware to North Carolina, MONTHS after this debt landed with Resurgent. So it's bull to try to claim it was on a form.


lrhall41

Submitted by anc526 on Tue, 10/28/2008 - 20:58

( Posts: 192 | Credits: )


They also violated the law by threatening to garnish your wages..it is against the fdcpa to threaten to do something they can't legally do, which is garnish wages in your state.

You can also mention that the threatening and stressful tone they are taking with you is very upsetting and hurtful to your health in your current condition and that you are thinking about suing them for harassment..it is possible since they had threatened things they can't legally do with the sole intent to stress you out...

My sister did this and had them almost blubbering apologies and they did totally cease & desist but it was likely because they stressed her out so badly and she recorded the call and saw her DR who wrote up a nice little note stating that in his professional opinion they caused her undue stress and put her on bed-rest that it made her pregnancy 'threatened'..I swear they about doodied in their diapers when she faxed them a copy of that letter.. :twisted:


lrhall41

Submitted by goldenbast on Wed, 10/29/2008 - 01:06

( Posts: 2884 | Credits: )


PA is a 2 Party state so I would add "All calls to my home and cell are recorded" to your DV. Once they sign the return receipt you can record all conversations without informing them again. Get a few of those threats on tape and you'll get some much needed leverage to strengthen your neogatiations. What is the date of first default and date of last payment on this account? Cap1 very rarely sells off their accounts while still within the SOL.


lrhall41

Submitted by NASCAR_Devil on Wed, 10/29/2008 - 03:45

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Keep in mind that these companies operate this way to get try and get their money quickly. If they were nice and cooperative about their debts then they wouldnt get paid, so just ignore it and call your settlement company. You should be able to tack on this debt if it is not already on there. Then they cant threaten you and say you are ignoring the debt when in fact you ARE taking care of it. Plus, once that account is added to your settlement, you can direct them right to the attorneys/company behind your settlment and they will take it from there.


lrhall41

Submitted by on Wed, 10/29/2008 - 09:50

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