ReSurgent Capital Letter Recvd Yesterday
Date: Sun, 11/07/2010 - 14:17
Quick History: After 32 years of perfect credit my husband had six operations in 18 mo. for cancer so we defaulted (March 08) on several CC accnts, sold our home at SS( June 09) and voluntary repo (Aug 09) on his truck. Since I have done my best to "settle" most accnts thanks to the help of family. He is still out of work and I don't make enough money to handle these defaulted debts.
Anyway in Feb 2010 I saw an entry on my Credit Report by Blatt, Hasenmiller, Leibsker & Moore AND LVNV Funding saying I took out a new account for $27,000. I sent a DV letter to both by CMRRR since the accnt# did not match anything I had for B of A. My letter asked for a. Agreement author. them to collect for B of A b. Agreement with my promssary signature & c. payment history. I also said I never had an account with that account #.
I rec'v a response on 3-4-10 from BHL & M just parroting what was on their 1st letter. I never heard from LVNV. Yesterday I received a letter from Resurgent Capital responding to my Feb 2010 request to LVNV for DV and all they said is:
"As of the date of this communication you own $27,.... on Accnt. # ........... which is now owned by LVNV Funding. Should you desire to pay off....................."
I already told them and: SRA Assoc., NCO Financial, Mercantile Adjustment & B of A that I have nothing with that account #. I even asked all of them if it could be account # XXXXX an old B of A account that I could not keep up with and last paid on 3-14-08.
What do I do now? I refuse to pay on an account # I don't have any record of and don't have the money to pay anyway. Since Resurgent Capital is involved and says they represent LVNV does that mean BH L & M is out of the picture? I'm so confused.
By the way we don't qualify for debt consolidation for what's left since the income is not high enough (I've tried) and can't file BK since I would have to close or make the court a trustee of my real estate brokerage and that would kill any possible opportunity for future income, if any.
Help!
Anyway in Feb 2010 I saw an entry on my Credit Report by Blatt, Hasenmiller, Leibsker & Moore AND LVNV Funding saying I took out a new account for $27,000. I sent a DV letter to both by CMRRR since the accnt# did not match anything I had for B of A. My letter asked for a. Agreement author. them to collect for B of A b. Agreement with my promssary signature & c. payment history. I also said I never had an account with that account #.
I rec'v a response on 3-4-10 from BHL & M just parroting what was on their 1st letter. I never heard from LVNV. Yesterday I received a letter from Resurgent Capital responding to my Feb 2010 request to LVNV for DV and all they said is:
"As of the date of this communication you own $27,.... on Accnt. # ........... which is now owned by LVNV Funding. Should you desire to pay off....................."
I already told them and: SRA Assoc., NCO Financial, Mercantile Adjustment & B of A that I have nothing with that account #. I even asked all of them if it could be account # XXXXX an old B of A account that I could not keep up with and last paid on 3-14-08.
What do I do now? I refuse to pay on an account # I don't have any record of and don't have the money to pay anyway. Since Resurgent Capital is involved and says they represent LVNV does that mean BH L & M is out of the picture? I'm so confused.
By the way we don't qualify for debt consolidation for what's left since the income is not high enough (I've tried) and can't file BK since I would have to close or make the court a trustee of my real estate brokerage and that would kill any possible opportunity for future income, if any.
Help!
well, here's the best thing that I can offer, it is what I would
well, here's the best thing that I can offer, it is what I would do.
The letter you received is NOT proper validation. Resurgent is famous for sending that statement, and it is worthless. The law itself says that they must obtain verification from the original creditor and provide a copy to you. It does not allow for them to simply print out a generic statement from their own computer and think it's good enough.
I would send them a second certified letter....something like this:
Quote:
Resurgent Capital (address here) RE: Account #(account number here) (date) To Whom it May Concern: I am in receipt of your letter, dated (date on letter), which was a response to my debt validation request for the above-noted account. The purpose of this letter is to inform you that you have failed to properly address my timely debt validation request, in accordance with federal law. As I am certain you are aware, section 809 of the Fair Debt Collection Practices Act requires that you obtain proper proof of the alleged debt from the original creditor and provide a copy to me. Simply printing out a generic statement from your own computers is not sufficient. The Federal Trade Commission has itself spoken on this matter, in the form of their staff opinion letter commonly known as the Wollman letter of March 10, 1993. In this letter, it is made clear that the debt collector only satisfies the conditions of the law by contacting the original creditor, obtaining the documentation from that original creditor, and then mailing a copy to the consumer. You have clearly not done so in this case. The letter further states that "Mere itemization of what the debt collector already has does not accomplish this purpose." This will be my final attempt to request validation from you regarding this matter. Shoudl you be unwilling or unable to properly validate this debt in accordance with federal law, you are bound by that federal law to permanently cease all collection activity, which includes reporting on my credit reports. If your company chooses to continue collection efforts without providing full and proper validation, I will have no choice but to take further action, including legal action if need be, to protect my rights from any further abuses. Sincerely, (your name) (your address) |
In a nutshell, they are trying to make it look like they have proof when they most likely do not have anything. The case law is most important in cases like this if they try to sue you because it establishes precedent that they must provide a full and complete accounting of every aspect of the account in question in order to legally satisfy the burden of proof. There's more--the FDCPA clearly defines "creditor" and in the process, excludes a debt collector that now owns the debt for the purpose of debt collection. Therefore, LVNV Funding's records are not validation either, so no matter how they try to go on this one, unless they send you authenticated copies of the original creditor's documents, they have not validated the debt. But we'll see how they respond this time before we go there....they might try that route and if they do, they will be creating problems for themselves.
