Asset Acceptance LLC...yet another thread
Date: Sat, 12/05/2009 - 19:16
i've been searching on here for the correct address to send my dv letter to asset accept.
i have of course the po box 2036 on the letter, and the envelope has the same add.
i also see in the forums an add. in san antonio. does anyone know what this particular office does? couldn't find another.
i think it is ssssoooo important to send your dv letter to the correct address and not to the address that just accepts payments. they probably throw it away there.
does anyone know for sure? would appreciate a solid answer as i know these guys are scum. debt is very very old.
thanks for any address help.
I'm not sure about the San Antonio address, but I know their hea
I'm not sure about the San Antonio address, but I know their headquarters is in Michigan. Address is:
28405 Van Dyke Avenue
Warren, MI 48093-7132
These guys are some of the worst scumbags around. They are notorius for all sorts of shady practices, if they mess with you at all I would not hesitate to sue and report to the FTC and Michigan AG.
You say the debt is very, very old is it out of SOL?
yes out of sol, definitely. the letter and this forum say the a
yes out of sol, definitely. the letter and this forum say the address in warren is a po box but you know this address you gave is the corp office offical street address? will send to street address of course so "someone" can sign for it. as i said the payment addy on the payment envelope is the same po box.
dont worry i have an excellent dv letter originally gotten from these forums and adapted for my needs, but say the same thing. its a great letter and never have gotten a so called "reply".
i wonder, do you know of resurgent capital services, LP? and the street address for them? i have 15 s. main st., suite 600, greenville, s.c. 29601.
thanks again
My gosh, Asset Acceptance and Resurgent!!!??? How did you get
My gosh, Asset Acceptance and Resurgent!!!???
How did you get so lucky as to have two of the scummiest, scumsucking bottomfeeders after you?
The address you put for Resurgent is the same as the one I got, except I have suite 700 instead of 600.
I use this website alot to get addresses of CAs:
http://www.collectionagencyservices.net/directory/Search.html
[URL="http://www.collectionagencyservices.net/directory/Search.html"][/URL]You just choose the state, and then find the agency and it will give you the address.
Good luck!
thanks and yes both. in fact i had capital mgment services, sis
thanks and yes both. in fact i had capital mgment services, sister to resurgent who is sibling of lvnv funding..sheesh...after me for another old out of sol debt, who informed me politely i might add but feel it is underhanded of course, that they no longer owned the debt (hadn't even been 30 days yet and all of a sudden they don't own the debt?) but that resurgent did and that they had forwarded my correspondence to resurgent. unusual and should i spend even more money and send a new dv letter to resurgent now?
thanks for the help
Quote:Originally Posted by meremandai wonder, do you know of res
Quote:
Originally Posted by meremanda i wonder, do you know of resurgent capital services, LP? and the street address for them? i have 15 s. main st., suite 600, greenville, s.c. 29601. thanks again |
I thought I had a pavement address for those scum-suckers, but I don't. I did, however, send them a DV letter in 03/2008, which was signed for in good order. I used their PO box addy:
[COLOR=black]Resurgent Capital Services[/COLOR]
[COLOR=black]Post Office Box 10497[/COLOR]
[COLOR=black]Greenville[/COLOR][COLOR=black], SC 29603[/COLOR]
[COLOR=black][FONT=Verdana][/FONT][/COLOR]
[COLOR=black]FWIW, your street addy sounds right. But verify it before you spend $5.50 on postage.[/COLOR]
Quote:Originally Posted by meremanda...that they no longer owned
Quote:
Originally Posted by meremanda ...that they no longer owned the debt (hadn't even been 30 days yet and all of a sudden they don't own the debt?) but that resurgent did and that they had forwarded my correspondence to resurgent. unusual and should i spend even more money and send a new dv letter to resurgent now? thanks for the help |
I'd wait until I either got a dunning letter from Resurgent, or until I found out who really owns the account. My five bucks says it'll either be LVNV funding or Sherman.
When I did that dance with them back in '08, I was able to 'social engineer' the info out of a Resurgent rep on the phone. She started out playing the 'nice collector' game when she called. I countered that with 'least sophisticated consumer' and 'I'd like to clear this up, but aren't you supposed to send me a letter or something?' In the course of the conversation, she told me (and my recorder) that LVNV actually owned the account, not Resurgent or MRS.
thanks uncle yes the first letter from cap mgmnt says lvnv is th
thanks uncle yes the first letter from cap mgmnt says lvnv is the "current creditor", as if!
well i was thinking that cap mgmt/resurg/lvnv are trying to delay things by passing my correspondence around. that somehow my 30 days will run out by some legal fluke i don't know about-like no matter what resurgent has to get a letter too legally to protect myself-and then they can try to sue.
i already have one default judgement against me for the next 10 yrs due to my ignorance of my rights at the time-time ran out and i could do nothing. so i definitely want to protect myself as these a**es are not getting my money no matter what!
thanks again and any help is appreciated.
oh why i am at it you have the street address for dv'ing for lvnv in case i need it?
Quote:Originally Posted by meremandathanks uncle yes the first l
Quote:
Originally Posted by meremanda thanks uncle yes the first letter from cap mgmnt says lvnv is the "current creditor", as if! |
That's probably valid. Really! The way the dance goes, is that LVNV buys up these dead accounts from WTF ever. Then, they farm them out to one of their dozens of shell companies to collect on. You put up a fight or DV one shell company, and LVNV yanks it back and farms it to a different shell. We have a mod on this board who did the dance with LVNV through at least a dozen shell companies.
Quote:
Originally Posted by meremanda well i was thinking that cap mgmt/resurg/lvnv are trying to delay things by passing my correspondence around. that somehow my 30 days will run out by some legal fluke i don't know about-like no matter what resurgent has to get a letter too legally to protect myself-and then they can try to sue. |
That's why you always send stuff to a CA by CMRRR. So you can prove when they got it. Keeps your 30 days from running out while they dick around with paperwork.
Quote:
Originally Posted by meremanda oh why i am at it you have the street address for dv'ing for lvnv in case i need it? |
You need it.
LVNV Funding, LLC
Bank of America Building
200 Meeting St., Suite #206
Charleston, SC 29401-3187
Write up your DV letter, and make two copies. One for Resurgent, and one for LVNV. Send them both by CMRRR, Monday morning. With any luck, that'll keep LVNV from farming it out again, and they'll have to either put up or shut up.
ok so they wont get the dv in ca. and say oh well WE didn't send
ok so they wont get the dv in ca. and say oh well WE didn't send the letter so this means nothing? and resurgent won't do the same?
so you are saying i should dv the same above no matter what asap? my 30 days, for this particular problem-just double checked, has just ended.<<<
and nothing since then. i do have the green sign. card from cap. mgmnet tho also.
would the 11/30, as above. start the 30 days over again legally? thanks
oh and dont forget i have to dv asset too. do i have to send ou
oh and dont forget i have to dv asset too. do i have to send out one to resurgent or just lvnv? if i can save any money on this please let me know. but i will dv who i have to to end this. thanks again
Quote:Originally Posted by meremandaok so they wont get the dv i
Quote:
Originally Posted by meremanda ok so they wont get the dv in ca. and say oh well WE didn't send the letter so this means nothing? and resurgent won't do the same? so you are saying i should dv the same above no matter what asap? my 30 days, for this particular problem-just double checked, has just ended.<<< and nothing since then. i do have the green sign. card from cap. mgmnet tho also. would the 11/30, as above. start the 30 days over again legally? thanks |
Quote:
Originally Posted by meremanda oh and dont forget i have to dv asset too. do i have to send out one to resurgent or just lvnv? if i can save any money on this please let me know. but i will dv who i have to to end this. thanks again |
OK... I may be getting ahead of myself here. Sorry about that.
Let me see if I've got this right:
You got a dun from Capital Management Services. You DV'ed them timely, and they folded. Somewhere in there, you found that LVNV is the account owner.
Cap says they transferred the account to Resurgent, which makes no damn sense at all (and is an 1, BTW). Wulf says LVNV pulled the account from Cap and re-farmed it to Resurgent. That fits all the observed data, as well as their MO.
Am I OK so far?
Somewhere about here, I had gotten the idea that Resurgent had contacted you. Have they? And if so, how?
If they have not contacted you yet, sit tight until they do. Shouldn't be more than 10 days or two weeks from the time they get the account, if they hold to their observed pattern.
If they have contacted you (or, when they do...), your action depends on how. If they're just calling, tell 'em to put it in writing, and hang up. Log all of the calls, from whichever CA.
When you get a dunning letter, first check it against the info Cap sent you. They've been known to monkey with the amounts and such.
On the letter, they should have listed the current creditor. At that point, fire off your pre-written DV letters to both Resurgent and LVNV. If you just DV Resurgent, then LVNV could well re-farm it to yet another CA. And believe me, they have some that are lots worse than Resurgent.
Now then, there are a couple of things I'm still not clear on.
- Where does Asset fit into all of this?
- Is this debt (the one that Cap/Resurgent/LVNV has) in statute?
lol ok it's so confusing let me enumerate this for you. think t
lol ok it's so confusing
let me enumerate this for you. think that would be so much easier. hard to keep track of these things in these posts.
1. got the first dun letter from capital mgment. at the top it says, "current creditor: lvnv".
2. in the 1st paragraph of letter from cap, it says that cap. has been engaged by resurgent who is the servicer of this acct, to resolve the delinquent debt. please remember the letter was sent from cap tho first. cap. is the only company i have heard from at all.
3. yes i dv'd them within the 30 days and already got the green sign. card back weeks ago. signed by someone at cap. i can only suppose.
4. after i got the sign. card back, i received another letter from cap. saying they were forwarding my correspondence (dv letter) to resurgent, as they (cap) were no longer servicing my acct (sheesh!). that was nov 30, and i have not received anything else so far from any of them. lvnv, resurgent or cap since.
5. remember now that resurgent supposedly hired them, capital, to service this acct.
6.the green sign. card was signed on nov 23, and the letter from cap telling me the "bad news", was dated nov 24!
7. and again no more contact with anyone at all.
8. no one ever calls me as my number has changed several times so no phone contact-they can't find me by phone guaranteed.
9.ok if and when i get a letter concerning this matter i will check all info against the original.
10.just a reminder ( i am going down your post kindof answering as i go down) that lvnv is listed on the original capital letter as the current creditor.
11.i live in texas, 4 yrs, and everything is over 4 yrs. this is definitely over the sol limit.
12.asset is another letter i've gotten lately, that i posted origianlly about getting/confirming a street address to dv them, about another old, out of sol acct. in this thread. so yes i have two big ones after me, on old accts so know i will have to dv them separately. the problem that is confusing is the lvnv/resurg/cap one, since their nasty venomous tentacles are all tangled up together. :evil:
hope this helped and was understandable. if not let me know and i will straighten out for you. much thanks
[QUOTE=meremanda;505168]lol ok it's so confusing let me enumerat
[QUOTE=meremanda;505168]lol ok it's so confusing
let me enumerate this for you. think that would be so much easier. hard to keep track of these things in these posts.
1. got the first dun letter from capital mgment. at the top it says, "current creditor: lvnv".[/QUOTE]
That right there is sufficient to justify a DV to LVNV, if you still want to play it that way. Whatever way you play this, you're gonna be sending cmrrr to LVNV. Read on.
[QUOTE=meremanda;505168]2. in the 1st paragraph of letter from cap, it says that cap. has been engaged by resurgent who is the servicer of this acct, to resolve the delinquent debt. please remember the letter was sent from cap tho first. cap. is the only company i have heard from at all.[/QUOTE]
Wheels within wheels... First time I've heard of them using two layers of cutouts, but it's not surprising.
Quote:
Originally Posted by meremanda 4. after i got the sign. card back, i received another letter from cap. saying they were forwarding my correspondence (dv letter) to resurgent, as they (cap) were no longer servicing my acct (sheesh!). that was nov 30, and i have not received anything else so far from any of them. lvnv, resurgent or cap since. 5. remember now that resurgent supposedly hired them, capital, to service this acct. 6.the green sign. card was signed on nov 23, and the letter from cap telling me the "bad news", was dated nov 24! 7. and again no more contact with anyone at all. |
So they weren't really surprised that you got your back up. They've got nothing and they know it, but they had to try to turn a buck on it. So now it's gone back uplevels. No loss. Remember that old saw about 'silence is golden?'
Quote:
Originally Posted by meremanda 9.ok if and when i get a letter concerning this matter i will check all info against the original. |
It's just prudent business, and an easy double-check.
Quote:
Originally Posted by meremanda 11.i live in texas, 4 yrs, and everything is over 4 yrs. this is definitely over the sol limit. |
Jackpot! As long as you're certain it's outta statute, tell 'em to go pound sand. They can still call or write, at least until you send them a cease-and-desist letter. But they can't sue. And without that stick, they won't want to waste a lot more resources trying to get blood out of a turnip.
[QUOTE=meremanda;505168]12.asset is another letter i've gotten lately, that i posted origianlly about getting/confirming a street address to dv them, about another old, out of sol acct. in this thread. so yes i have two big ones after me, on old accts so know i will have to dv them separately. the problem that is confusing is the lvnv/resurg/cap one, since their nasty venomous tentacles are all tangled up together. :evil:
hope this helped and was understandable. if not let me know and i will straighten out for you. much thanks[/QUOTE]
s'OK. I got it now. Sorry about the confusion, it's tough to get old.
Actually, the SoL issue in your point #11 makes untangling the LVNV/Resurgent/Cap ball of snakes really easy. At this point, we no longer care who owns what, or who's sleeping with whom.
Sit tight for a while. Wait until you're contacted again on this account, so you can nail them all at once. When you get that next letter, draft up a stern reply to the effect that the debt in question is out of statute, and never contact you again, unless they enjoy being sued. Send copies to whatever CA contacts you, LVNV, and any middleman company involved, all by cmrrr. That ought to solve the problem. Yes, I know what the postage costs. I also know what it costs to defend a lawsuit, even on an out-of-statute account.
As for Asset... If that one's out of statute, too, then the same approach will work.
you know before i act like i know what i am talking about furthe
you know before i act like i know what i am talking about further, i will trouble you again to please clarify, really clarify for me what constitutes being past the sol on an acct.
i have always thought, learned from this wonderful site, that being past sol was, in my state/case, the last payment made a particular acct. whether it be to the original creditor (store/credit card/acct) OR to a debt collector.
if you make a payment to a db doesn't that start the time all over again? in my case i have never ever made a payment to a dc/ca and never will. in my case(s) all last payments were made directly to the original creditor who trully owned the acct.
i had trouble over 5 yrs ago when i had a financial downfall, so all of mine should be past sol in my state/TX which is 4 yrs since last activity. unless i've totally missed something which i don't think i have.
i have noticed on my credit reports, that some of those dc/ca's seem to change the dates or confuse it somehow. i get cross-eyed trying to figure it all out which i am sure is their intention.
i know that these scum-suckers do not have my ss#, its been so long and passed down so much-I can almost bet my life on it. so how do they put the info on a person credit.
report?? thanks uncle for your time and know the "old" feeling well :lol:
Quote:Originally Posted by meremandayou know before i act like i
Quote:
Originally Posted by meremanda you know before i act like i know what i am talking about further, i will trouble you again to please clarify, really clarify for me what constitutes being past the sol on an acct. |
The Statute of Limitations begins to run from the date of last activity on the account. Essentially, that's the last date when you made a charge or a payment on the account.
Statute of Limitations for CC debt in Texas is four years. If the date of last activity is on or before 12/7/2005, then the debt is out of statute. The SoL has run out on it. They can still try to sue, but the SoL is an affirmative defense. If you raise the SoL as a defense in court, then the court has to dismiss the case, unless the JDB can prove you're wrong.
[QUOTE=meremanda;505211]if you make a payment to a db doesn't that start the time all over again? in my case i have never ever made a payment to a dc/ca and never will. in my case(s) all last payments were made directly to the original creditor who trully owned the acct.[/QUOTE]
Not in Texas. I haven't researched that personally, but I have it on good authority, from another moderator on this board, who I trust.
[QUOTE=meremanda;505211]i had trouble over 5 yrs ago when i had a financial downfall, so all of mine should be past sol in my state/TX which is 4 yrs since last activity. unless i've totally missed something which i don't think i have.
i have noticed on my credit reports, that some of those dc/ca's seem to change the dates or confuse it somehow. i get cross-eyed trying to figure it all out which i am sure is their intention.
i know that these scum-suckers do not have my ss#, its been so long and passed down so much-I can almost bet my life on it. so how do they put the info on a person credit.
report?? thanks uncle for your time and know the "old" feeling well :lol:[/QUOTE]
Re-aging an account (changing the date of first delinquency to try to keep the statute alive) is a violation of the FDCPA. If you can prove they've re-aged, you can sue. FDCPA violations are independently actionable in state or federal court, and carry damages of up to $1,000, plus atty fees, etc.
Credit reporting period is separate from the SoL, and governed by the federal FCRA. Basically, they can report it on your credit report for a period of seven years after the date it's charged off by the original creditor. Figure 7 1/2 years from date of first delinquency.
so apparently they don't have to have your social to report it?
so apparently they don't have to have your social to report it? for instance, the judgment against me, how did the scum sucking "lawyer" firm get it on my reports? just name? thx
OK, I need help with a DV letter. I am in Arkansas. I have a d
OK, I need help with a DV letter. I am in Arkansas. I have a debt that originally start with MBNA, then Bank of America. Bank of America sold it, and now it's with Asset Acceptance. I sent them DV letter and received a response, but all it is is like a form letter stating the original creditor, original account number, the principal balance, my name, address and last 4 digits of my ss number. They said "enclosed please find an account statement prepared with information provided to us by the prior creditor". This is not validation of the debt, is it?? Should I resend my original DV letter and again request validation of the debt?
[QUOTE=Anonymous;505435]OK, I need help with a DV letter. I am i
[QUOTE=Anonymous;505435]OK, I need help with a DV letter. I am in Arkansas. I have a debt that originally start with MBNA, then Bank of America. Bank of America sold it, and now it's with Asset Acceptance. I sent them DV letter and received a response, but all it is is like a form letter stating the original creditor, original account number, the principal balance, my name, address and last 4 digits of my ss number. They said "enclosed please find an account statement prepared with information provided to us by the prior creditor". This is not validation of the debt, is it?? Should I resend my original DV letter and again request validation of the debt?[/QUOTE]
No, it's not. Sounds like a dunning letter to me. Some of the bottomfeeders have been known to try to pass those off as validation. Playing on the half-knowledge of te ignorant, I suppose. Resurgent tried that trick on me personally a couple years back. Didn't work.
Anyway, the FTC says it's not validation. Validation has to come from the original creditor, per this FTC opinion letter. Something that they cooked up in house will not do it.
uncle i sure hope you are "monitoring" tonight as i received a l
uncle i sure hope you are "monitoring" tonight as i received a letter from resurgent this evening. just want to make sure i understand the next move correctly. but i have to leave for a while but just wanted to touch base with you.
i need a few hours and then will be back to let you know all. thanks
Yeah. I'm here. I may or may not be here when you check back, th
Yeah. I'm here. I may or may not be here when you check back, though. Contrary to popular opinion, I do actually have a life, a wife, three kids, and a career. 
Post up what you need help with. I'll check the thread later this evening, and in the AM. If it's something urgent, send me the link to this thread via PM. I'll see that immediately when I get back.
Relax. That's an order.
- Wulf
ok ...i received a letter from resurgent and it says "we have ta
ok ...i received a letter from resurgent and it says "we have taken the necessary actions (um what??) to ensure that you will receive no further communications from resurgent...", blah blah. goes on to say i will find enclosed an original (this is the funny part) validation of debt that verifies this debt.
go to page 2...a paragraph...yep that's right...titled validation of debt, my name and date. the paragraph says :
as of the date of this communication, you owe blah balh amount and account blah blah which is now (now?) owned by LVNV funding..blah blah. should you desire to pay off the account in full (running to get my check book), you should contact us at 1-888-665-0347 to determine the payoff balance as interest, payments, credits, fees, and/or other permissible charges can continue to cause your account balance to vary from day to day. (the end)
have you stopped rolling on the floor yet?
jeez these idiots.
should i now dv lvnv or wait to see if they even write me? which as it's going, should only be within a couple of weeks. btw, resurgents "debt" total is only about $15 more than capitals amt was. must be that nasty interest and permissible fees huh?
sorry i didn't mean for you to jump on this, just when you had the time when you're on. and as always appreciate the help.
p.s. if you've got 3 kids still at home you're not that old! they just make you FEEL old.
:-)
Quote:Originally Posted by meremandaok ...i received a letter fr
Quote:
Originally Posted by meremanda ok ...i received a letter from resurgent and it says "we have taken the necessary actions (um what??) to ensure that you will receive no further communications from resurgent...", blah blah. |
Waitadamnminutehere! You got a letter from Resurgent that says they've 'taken the the necessary actions to ensure that you will receive no further communications from Resurgent.' Am I understanding this right? Honestly, I think these bozos have talked so much sh*t to so many folks for so long that they no longer have any idea of what they're saying, or to whom. Seems like if LVNV was gonna farm it out, they'd at least let Resurgent have one swing at it before they yanked it back.
Any chance you could scan that letter and send it to me? There are several things I'd like to see. My email is the same as my username here, at yahoo dot com.
Quote:
Originally Posted by meremanda ...goes on to say i will find enclosed an original (this is the funny part) validation of debt that verifies this debt. go to page 2...a paragraph...yep that's right...titled validation of debt, my name and date. the paragraph says : as of the date of this communication, you owe blah balh amount and account blah blah which is now (now?) owned by LVNV funding..blah blah. should you desire to pay off the account in full (running to get my check book), you should contact us at 1-888-665-0347 to determine the payoff balance as interest, payments, credits, fees, and/or other permissible charges can continue to cause your account balance to vary from day to day. (the end) |
Well, they're half right. It's original. But unfortunately (for them) it's not validation. FTC opinion from 1993 says that they have to secure validation directly from the original creditor and mail it to you. Period, full stop, end of story. If it's something they cooked up in-house, it doesn't pass muster.
Quote:
Originally Posted by meremanda have you stopped rolling on the floor yet? jeez these idiots. |
I wasn't rolling on the floor. But I'll likely still be chuckling over this one tomorrow afternoon.
Quote:
Originally Posted by meremanda should i now dv lvnv or wait to see if they even write me? which as it's going, should only be within a couple of weeks. btw, resurgents "debt" total is only about $15 more than capitals amt was. must be that nasty interest and permissible fees huh? |
Hold off. Give them a chance to step in it with both feet, first. One of two things is gonna happen here. Either LVNV's gonna farm it out to yet another shell, in which case we DV both that shell and LVNV. Or LVNV's gonna start collecting on it themselves, which will save you $5.50 in postage in the short term. Waiting to see if they farm it out again lets us document that attempt, and should make for a stronger case, if you wind up needing it. If nobody's tried collecting on it in a couple weeks, we'll poke LVNV with a sharp stick, just to see how high they jump.
I keep typing DV here for some reason, but I've been thinking more along the lines of cease-and-desist. I'd have said tell 'em to get bent a while back, but I'm curious what they've got up their sleeve. Besides their arm, that is. Regardless, I'd like to see the letter you send them before you send it out. A little tweaking can be a Good Thing.
Quote:
Originally Posted by meremanda sorry i didn't mean for you to jump on this, just when you had the time when you're on. and as always appreciate the help. |
No worries. I had the time. I was on. And you're most welcome for the assistance.
Quote:
Originally Posted by meremanda p.s. if you've got 3 kids still at home you're not that old! they just make you FEEL old. :-) |
If only. I have three kids at home, ages 5, 7, and almost 9. I have two older kids, ages 24 and 31. I am old. The kids make me feel younger.
[QUOTE] Waitadamnminutehere! You got a letter from Resurgent tha
[QUOTE] Waitadamnminutehere! You got a letter from Resurgent that says they've 'taken the the necessary actions to ensure that you will receive no further communications from Resurgent.' Am I understanding this right?[/QUOTE]yes sir you are correct! and if you are wondering if this letter ALSO (as capital did) state that lvnv is the current creditor, yes it does. it does state the original creditor also, which capital did too, which i didn't think was relevant.
sorry no scanner and its a very short and sweet letter. thats really all it says except it also says it in spanish.
and the usual this is sent to you by a "professional" debt collector and the usual also of the 30 day dispute blah blah. thats it. is there something else you are looking for that i can at least give you an answer to?
Quote:
Well, they're half right. It's original. But unfortunately (for them) it's not validation. FTC opinion from 1993 says that they have to secure validation directly from the original creditor and mail it to you. Period, full stop, end of story. If it's something they cooked up in-house, it doesn't pass muster. |
Quote:
One of two things is gonna happen here. Either LVNV's gonna farm it out to yet another shell, in which case we DV both that shell and LVNV. Or LVNV's gonna start collecting on it themselves, which will save you $5.50 in postage in the short term. Waiting to see if they farm it out again lets us document that attempt, and should make for a stronger case, if you wind up needing it. If nobody's tried collecting on it in a couple weeks, we'll poke LVNV with a sharp stick, just to see how high they jump. |
Quote:
Regardless, I'd like to see the letter you send them before you send it out. A little tweaking can be a Good Thing. |
[QUOTE] If only. I have three kids at home, ages 5, 7, and almost 9. I have two older kids, ages 24 and 31. I am old. The kids make me feel younger [/QUOTE]i typed old i meant tired. granddaughter comes over love her love love her, but she makes me sooo tired. shes only 2 1/2. whew. but she makes me laugh.
Quote:Originally Posted by meremandayes sir you are correct! and
Quote:
Originally Posted by meremanda yes sir you are correct! and if you are wondering if this letter ALSO (as capital did) state that lvnv is the current creditor, yes it does. it does state the original creditor also, which capital did too, which i didn't think was relevant. sorry no scanner and its a very short and sweet letter. thats really all it says except it also says it in spanish. and the usual this is sent to you by a "professional" debt collector and the usual also of the 30 day dispute blah blah. thats it. is there something else you are looking for that i can at least give you an answer to? |
I'm mainly looking to determine whether this is a disguised dunning letter, a poorly written cessation-of-collection letter, or something else entirely. I'm leaning toward a dunning letter, due to:
(a) Their bit about "should you desire to pay off the account in full." OK, it's not a demand, but they're still asking.
(b) "The usual this is sent to you by a "professional" debt collector and the usual also of the 30 day dispute blah blah." That's the mini-miranda. It being there doesn't prove or disprove anything. But it's a reasoable assumption that they aren't going away, at least not completely.
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Originally Posted by meremanda but the question is do they, resurgent, think they gave me validation and will they report to big daddy, lvnv, that they did validate and will some idiot at lvnv take their word instead of checking, and go ahead and try to sue? surely they are not that stupid at lvnv. |
Somebody at Resurgent knows damn well that they haven't sent validation. They're hoping that you don't know that, though. I had Resurgent try to pass a dunning letter off as validation to me, too, a year or two ago. As for LVNV, they're still hiding behind Resurgent and hoping for an easy payday. I would not be at all surprised if they tried to sue. They love a default judgement.
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Originally Posted by meremanda by this you mean, that lvnv starts trying to collect themselves-sharp stick strategy is a cease and desist letter, or just dv them straight up? |
I was thinking something a little bit more subtle, but that'll work. Question: On any of the stuff that Cap or Resurgent has sent you to date, do they list a date of last activity or last payment? If so, what is it?
If you're dead certain this sucker's out of statute, then we can just end it right now. Write 'em a letter, along these lines:
Dear Scum;
I dispute this debt in it's entirety. If you actually have real validation, please send it.
The account in question is beyond the Statute of Limitations in Texas. Kindly get bent, and never contact me again unless you have competent documentation.
Warm holiday wishes:
You
Copy for Resurgent, copy for LVNV. Both CMRRR.
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Originally Posted by meremanda i typed old i meant tired. granddaughter comes over love her love love her, but she makes me sooo tired. shes only 2 1/2. whew. but she makes me laugh. |
Granddaughters are the best! I got one of those, too, courtesy of my eldest. :D
hi uncle how u doing tonight? well i haven't been on much today
hi uncle how u doing tonight? well i haven't been on much today, very busy. but wanted to just tell you the 2008 credit reports..'09s are not on hand sorry to say, but in this case instance assuming , since LVNV is "after" me still, 2009 which i saw just don't have hard copy-long story, is pretty much like 2008 from what i can remember, as far as LVNV goes. and no, nothing on the letters stating last activity, dates of such, etc.
i've never received a dun letter in all these years that states last activity, etc. all they state is what they "say" i owe and the original creditor.
i took a few photos of the info for LVNV from my experian 2008 report, so you can see for yourself, how they filed it, dates etc. and have the info/will get photos, for the other 1-2 bureaus, depending on what i can find, for you to take a look at. if that sounds like i'm crazy or iffy, i just know what shows on the reports nowadays.
I will send to your email that you referenced above, either very late tonight/early morning or tomorrow sometime.
thanks again and just let me know what you think, when you can/have time.
Evenin - I just found your information, but I'm about whipped
Evenin -
I just found your information, but I'm about whipped after 14 hours of meetings and client BS. If it's OK with you, I'll get on it tomorrow. I'm for bed now, I think.
jeez no problem unc! of course, i hope you have a restful night
jeez no problem unc! of course, i hope you have a restful night. i'm kinda sick of talking about it anyway. blah. have a good one talk later.
Quote: I was thinking something a little bit more subtle, but th
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I was thinking something a little bit more subtle, but that'll work. Question: On any of the stuff that Cap or Resurgent has sent you to date, do they list a date of last activity or last payment? If so, what is it? If you're dead certain this sucker's out of statute, then we can just end it right now. Write 'em a letter, along these lines,,,,,: |
hi uncle, you ok? havent heard back from you about the info, see above, i sent to your personal email last friday. hope all is ok. thanks
Quote:hi uncle, you ok? havent heard back from you about the inf
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hi uncle, you ok? havent heard back from you about the info, see above, i sent to your personal email last friday. hope all is ok. thanks |
hhmm that would friday, the 11th? would really be interested on your input.
Resurgent is stupid and used the same statement on me.....I wond
Resurgent is stupid and used the same statement on me.....I wonder how legal that is or if it would be totally illegal.
"As of the date of this communication, you owe $$$$$$$ on account number ****-****-****-**** which is now owned by LVNV Funding LLC. Should you desire to pay off in full, you should contact us at 1-888-665-0374 to determine the payoff balance as interest,credits, fees and or other permissible charges can continue to cause your account balance to vary from day to day."
don't think its illegal just dv them within the 30 days. irrita
don't think its illegal just dv them within the 30 days. irritating maybe but don't think it's illegal. should be.