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Resurgent Capital,I need DV letter asking for sufficient proof

Date: Mon, 03/09/2009 - 19:21

Submitted by wayrake
on Mon, 03/09/2009 - 19:21

Posts: 13 Credits: [Donate]

Total Replies: 9


Hi I had sent a DV to Resurgent Capital Services and I had used a sample letter from this website. I have now received a response from Resurgent which states the account number and balance from original creditor (GE Capital). Thats it. There is no mention of payment history or any legitimate papers. Also they increased the amount by $40 as interest and fees. I am right now in a 30 day time frame, and I got 2 weeks more to dispute through certified mail.
Can anyone help me with a second DV letter where I can ask for proof of everthing. Also I live in California.
Thanks,


It is not a proper debt validation because the creditor has not send you a copy of the original signed contract and the proof that they have brought the debt from the OC. You should send them a second letter telling them that they have violated the FDCP Act by not validating debt properly and so they should remove the listing from your report. If they still do not remove it from your report, you can dispute the debt with the credit bureaus.


lrhall41

Submitted by jstn.credit on Tue, 03/10/2009 - 05:18

( Posts: 139 | Credits: )


I sent a second debt validation letter to Resurgent Capital (acting on behalf of LVNV). They responded again with insufficient proof of the debt (a typed paragraph about owing LVNV), not the original signed contract that I requested.

If I send a third letter to Resurgent Capital stating that they are in violation of the FDCP Act because they did not properly validate the debt, and they should remove the listing from my report, will LVNV remove the listing? (LVNV appears on my credit reports (not Resurgent Capital)).

Or, at this point, do I need to dispute the debt with the credit bureaus in order for LVNV to remove the listing?


lrhall41

Submitted by Rinnie on Sat, 12/19/2009 - 09:55

( Posts: 18 | Credits: )


You need to look at your credit report after you dispuite the debt. If they fail to show the debt as dispuited then you have a valid FCRA violation. If they do not send proper validation you have a FCRPA Violation. Look up attorney Larry P Smith. If he is licensed in California give him a call immediately.


lrhall41

Submitted by mont_tatum on Sun, 12/20/2009 - 14:37

( Posts: 114 | Credits: )


Yes send the dv letter first, then wait about 20 days after they get it. Then dispute the entry with your credit report, if they verify the account, it is a violation......you have to dispute all 3 credit reporting companies for the maximum number of violations.

Also like the person above said, it should say disputed on your credit report, if it doesn't then that is another violation,,,,,3 credit reports is 3 violations.


lrhall41

Submitted by on Sun, 12/20/2009 - 15:29

( Posts: | Credits: )


Quote:

Originally Posted by Rinnie
I sent a second debt validation letter to Resurgent Capital (acting on behalf of LVNV). They responded again with insufficient proof of the debt (a typed paragraph about owing LVNV), not the original signed contract that I requested.

If I send a third letter to Resurgent Capital stating that they are in violation of the FDCP Act because they did not properly validate the debt, and they should remove the listing from my report, will LVNV remove the listing? (LVNV appears on my credit reports (not Resurgent Capital)).

Or, at this point, do I need to dispute the debt with the credit bureaus in order for LVNV to remove the listing?



They have no obligation to send you the original contract. There's nothing about that in Sec 809 of the FDCPA. Re-read that section. While I do not agree that they provided proper validation, that's about the best you're going to get from LVNV. Irish_Pat is referring to the 1-2 punch but the best you're going to get from them is a "Disputed by Consumer" notation on your credit report.

What state do you live in? When was the last time you paid on the account? When did the account go delinquest?


lrhall41

Submitted by NASCAR_Devil on Mon, 12/21/2009 - 22:03

( Posts: 4671 | Credits: )


All 3 credit bureaus show the notation "disputed by consumer" for LVNV.

I live in California. The account went delinquent in December 2007.

How is LVNV with PFD?


lrhall41

Submitted by Rinnie on Sun, 01/03/2010 - 10:32

( Posts: 18 | Credits: )