Need some help
Date: Mon, 11/28/2011 - 15:43
Welcome aime32, You're not alone. The same thing has happened t
Welcome aime32,
You're not alone. The same thing has happened to me too. I am sending a debt validation letter to Resurgent Capital. I will see what happens next.
It looks like they are making a valiant attempt to confuse you a
It looks like they are making a valiant attempt to confuse you as to the ownership/collection status of the debt!
There can only be one owner of the debt, which could now be a debt collector. And normally the owner will only deal with one debt collector if they choose to assign collection assistance from another debt collector, as those agreements are usually exclusive.
It appears that a party other than the original creditor now owns the debt, and possible they sent you a collection notice, then assigned collection rights to another, who similarly sent you dunning notice. Nothing per se improper about that. However, it beats me how a third debt collector would enter the frey unless the debt has again been sold. You appear to have a frenzy of activity.
I would be sure to send a timely DV to any party who sends you a collection notice. It envokes your cease collection bar.
The FDCPA makes two requirements to assist the consumer in identifying the origination and ownership of debt under collection.
In their collection (dunning) notice, they are required to provide the name of the creditor to whom the debt is owed, i.e., the current owner.
So maybe the dunning notices will help piece together the puzzle of current ownership.
The debt collector is not required, in their dunning notice, to provide the name of the original creditor. However, to assist consumers in identifying debt that might not be familiar to them, FDCPA 809(b) provides that, if you request it in your DV letter, they must provide the name and address of the original creditor as part of any debt validation.
I do not believe that this is an attempt to confuse. More than
I do not believe that this is an attempt to confuse. More than likely, Resurgent bought the debt, and hired this other CA to collect it. Resurgent's letter to you that included a "validation" page is probably because the other CA notified them that you sent a DV letter.
Whenever you are dealing with multiple debt collectors on the same debt, you should always DV all of them. Send your DV request by certified mail, return receipt requested so that you can prove you sent it, and also that they got it.
Do not use the "internet standard" DV's....they will get you laughed at and thats about it. All you need to say is something like this:
Quote:
Resurgent Capital Services (their address) RE:(put the account # they listed, if any, on their letter to you) (date) To Whom it May Concern: With regard to the above-identified account, this letter shall serve as notice to you that I hereby dispute your claims of indebtedness. In accordance with the FDCPA, I hereby request that you fully and properly validate this debt. You may provide copies of said validation from the original creditor to me at the address listed below. I ask that you also include the identity of the original creditor, although this information should be included in the validation. Respectfully, (your name and address) |
In this case, however, it seems that you already covered your bases with the first debt collector. I would say that you covered your bases with resurgent as well, but I do not like the way they seem to be handling this. First off, the "debt validation" page they sent you in that letter is useless. Second, they notified you that they received a dispute from the other debt collector. I would DV them as well, just so that they cannot claim that you never disputed with THEM. Technically, they are not bound by your dispute with Northland, so you should send them one too. Otherwise, they can simply pull the account from Northland and place it with another debt collector on their behalf, and the law will allow them to.
Once you send the dispute letter, they are required to stop all collection efforts until they properly validate the debt.
Answer to your question
As stated in the response above the original debt has most likely been sold or given to a CA on the original debters behest. You need to send a Validation letter to both and all attempts to collect should stop until the matter is proven that you indeed owe the debt. You may need the services of a law firm to represent you to get you the best outcome possible. I would recomend looking into Please do not post links here--it is akin to advertising and this is not a billboard. for at least a consiltation regarding your situation.
I am going to add a couple comments here--first, you come here with no posts, and the very first one you make recommends a law firm to someone. We do not allow this here. If you wish to advertise here, that can be done, but there is a way to go about it.
Second, there is no point in advising this person to send a DV letter to Northland, because they clearly said they already did.
Please take the time to read the whole thread before posting, it only serves to provide better advice to our members, thank you!