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Resurgent Capital ????

Date: Wed, 09/09/2009 - 09:04

Submitted by anonymous
on Wed, 09/09/2009 - 09:04

Posts: 202330 Credits: [Donate]

Total Replies: 22


I got a call today at work from Resurgent Capital about a debt. I was not at my desk so they left a message that they were trying to collect a debt and to call them back.
Knowing that I am currently making payments to ALL my creditors I called them to validate the debt over the phone. The woman I spoke to started asking me questions re: my address, phone number, ss # etc. Of course I refused and asked her to tell me what she had on file and I could agree or disagree. Also, I asked her who the original creditor was, and she refused to tell me anything.

So, I proceeded to tell her not to call anymore until they could answer "my" questions. I then wrote a letter and faxed to them along with a certified copy mailed.

After reading some of the post here, I am believing that this company is part of LVN, who I sent a letter to about 9 months ago with no reply on a debt that I am paying the original creditor (who is cashing the checks). And, I pulled my credit report today and they have a negative on my report.

So, any advice on what I should do now would be greatly appreciated.
:evil:


Well, if Resurgent tries to collect on the debt they need to send you the dunning letter to proceed with, which should then be followed by the debt validation letter from your end. Most likely they won't be able to provide satisfactory replies to it.

However, since you're already in settlement terms with the original creditors, I wouldn't much worry about what they do.


lrhall41

Submitted by SC on Wed, 09/09/2009 - 21:50

( Posts: 3937 | Credits: )


Ok you won't believe this one....well probably will. I sent a debt validation letter like I said, so anyway, Saturday I get a letter from Resurgent concerning this bill. Low and behold, I have been paying on this debt faithfully every month to Allied Interstate. I pulled my records and found on the letter from Allied (they did validate the debt) that the OC was Credit one band current creditor LVNV funding. Now on the letter received Sat. it says, previous creditor Credit one bank, current LVNV. No mention of Allied whom I have been paying. Plus they have me owing more money than what my balance is. What do I do now?


lrhall41

Submitted by on Sat, 09/12/2009 - 12:44

( Posts: | Credits: )


sorry..... on the orig. post I mentioned I was paying the OC on this bill, but after seeing the acct number on the letter sat. I realized it was one that I started paying Allied in May, ( had to see the account number to know for sure.) But still, How can Resurgent try to get money when I am already paying a creditor? I just am so confused on what to do now.


lrhall41

Submitted by on Sat, 09/12/2009 - 12:49

( Posts: | Credits: )


Little followup here....I sent a DV out on 9/14/09 to the OC...Alllied ... and Resurgent. It seems Resurgent got the copy that I faxed to them because on 9/10/09, they dated and mailed a letter which read as follows:

Dear_____
Information you provided regarding this account has been forwarded to the Customer Service Dept for research. However, we have been unable to contact you to discuss this account.
If we are unable to establish contact within 21 days from date of this letter, active collection efforts will resume on your account. If account is currently being reported to the credit reporting agencies, we will advise them to update your tradeline to indicate "account information disputed by consumer"
Please contact us toll free at 1-866-464-1187 so we may update your information and assist you in resolving this account.
_________________________

Now, first off, I would not give the person calling me at work any information. I asked her what info she had i would would agree or not, but she like I said before was not cooperating. So she got nothing.
As said in above post, I sent DV's out to all involved, which included my current address, so they have no excuse for not being able to contact me. Plus they have contacted me at work..dumbass's...anyway...
I am already paying this debt through Allied Interstate, (which I found out was involved with LVNV, just like Resurgent is), so I would assume this means they are trying to collect twice with two different amounts.

I guess I should just wait for a response to the DV?

Any Advice?????

Sorry so long.


lrhall41

Submitted by on Thu, 09/17/2009 - 18:54

( Posts: | Credits: )


Oh btw, I did send copies of "everything" to the Indiana AG. Maybe they would be interested in knowing that LVNV has two collectors trying to collect the same debt with different amounts.


lrhall41

Submitted by on Thu, 09/17/2009 - 18:59

( Posts: | Credits: )


Paul ,
I received another letter in the mail today from Resurgent Capital. It seems they got my dV sent on the 14th of Sept.
The letter they sent reads as follows:
Thank you for you recent inquiry regarding this account.
We have taken the necessary actions to ensure you will receive no further communications from Rsurgent Capital Services L.P. If you have any further questions please contact customer service rep at 1-888-665-0374.
Enclosed please find original validation of debt that verifies this debt.


However the DV they sent reads as follows:

VALIDATION OF DEBT
As of the date of this communication, you owe $ xxxxx on acct Xxxxxxxx which is now owned my LVNV Funding LLC. Should you desire to pay off the account in full, you should contact us at 1-888-665-0374 to determine the payoff balance as interest, payments, credits, fee, and/or other permissible charges can continue to cause your account balance to vary from day to day.

Note: There is nothing else enclosed to prove they own this debt from OC, just what is written above, and they are almost $100.00 more than what my balance was while I was making payments to Allied Interstate. Also, I thought collectors could not tack on interest and crap since they are not the OC>.?

Please....what should I do now? Call an attorney?


lrhall41

Submitted by on Fri, 09/18/2009 - 15:04

( Posts: | Credits: )


I called Allied Interstate, they said that their sister company Resurgent, took over the debt. i asked him what my balance was and he said $xxx.xx, which is what I had on record. But Each letter I got from Resurgent was more and more....Can they do this?

Sorry about all the post, i keep getting more info that I have questions about.

Don't mean to be a pest.


lrhall41

Submitted by on Fri, 09/18/2009 - 15:30

( Posts: | Credits: )


Thanks a bunch Paul....I will be writing new DV letters this weekend to all three and fill out a complaint form with the Indiana AG amd FTC.

YOU have been a big help.

I will let you know more as I hear more>>>>


lrhall41

Submitted by meinindy on Sat, 09/19/2009 - 16:27

( Posts: 61 | Credits: )


oK...update,
I got a reply from the OC (credit one bank) today saying that the ownership of this account had been "transferred" to Resurgent Capital Services. The letter from Resurgent (that I received 9/12/09) says they are collecting for LVNV....who the hell really owns this account?
And, Credit One says they have forwarded my inquiry on to Resurgent on my behalf. WTF? They then listed the address and phone number.

OK...so.....what happened to Allied Interstate in this picture? Neither Credit One bank or Resurgent has mentioned them (even though LVNV owns both). And that's where my payments have been going for 7 mos..and oh my goodness, get this...when I checked to see if any of them are licensed in Indiana, I found Resurgent is licensed until 2100 (lmao, not a typo) but, Allied had their license revoked in 2005, I have been paying them since Feb.2009 after i got a letter from them that they were collecting for LVNV.

Just out of the blue Resurgent is now the owner per OC (not what my letter says from resurgent) and is charging me more money!!!!!
I haven't received a reply from either Resurgent or Allied yet.
Do I just wait it out?

And one more question....when and if they do validate the debt, can they charge me interest?

Now I am a little confused.


lrhall41

Submitted by meinindy on Mon, 09/28/2009 - 18:10

( Posts: 61 | Credits: )


I did send DV request to all involved (OC-Resurgent-Allied) , but have not received any DV yet.
I did talk to an attorney here (Indiana) today, and will be faxing them all documents to see if there is a violation?
I will keep ya posted! :)


lrhall41

Submitted by meinindy on Tue, 09/29/2009 - 07:20

( Posts: 61 | Credits: )


Update on this debt,
story as follows,
1. I faithfully was paying Allied interstate on Credit One account since Feb 09.
2. Got a call (9/9/09) from Resurgent (aka LVNV) about this debt saying they were collecting on it, so I sent a DV letter to them via certified mail and fax.
3. Called Allied, to verify, and they had "sold" debt to Resurgent.
4. Received letter from them (Resurgent) trying to collect debt on 9/12/09 a week later I received a letter that they would not contact me anymore.
No validation has ever been received.
5. Today 10/31/09, I receive a letter from Weltman, Weinburg & reis co LPA, that they are collecting this debt for LVNV and the amount is alot more than my balance was with Allied.
The letter is as follows:
Dear ______
Please be advised that this law firm has been retained to collect the outstanding balance due and owing on this account. As of the date of this letter you owe the amount listed above. Therefore it is important that you contact our office to discuss an appropriate resolution for this matter.

This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Unless you dispute the validity of this debt within 30 days of receipt of this letter, we will assume the debt is valid. If you notify us in writing within the 30 day period that the debt, or any portion thereof is disputed, we will obtain verification of the debt and mail you a copy. If you request in writing within 30 day period, we will provide you with the name and address of the original creditor if different from current creditor.
Sincerely ,
Weltman, Weinberg, & Reis co lpa.

So since this debt has now had (3) Original creditors (credit one bank, allied, lvnv, resurgent and Lvnv again) what do you think the debt validation will consist of....I think nothing.

I am going to be sending them a DV on Monday morning, this is really getting old.
Should I just sent DV to "all" companies associated with LVNV? I know that could be very costly, but this is BS.

What to do?


lrhall41

Submitted by meinindy on Sat, 10/31/2009 - 10:42

( Posts: 61 | Credits: )


[QUOTE=meinindy;490026]So since this debt has now had (3) Original creditors (credit one bank, allied, lvnv, resurgent and Lvnv again)...[/QUOTE]

Hiya! Let me point up an important distinction here. Credit One Bank is the Original Creditor. They're the folks you borrowed money from. Allied, LVNV, and Resurgent are nothing but third-party collectors, regardless of who sold the account to whom. Fix that firmly in your mind, because the rules and restrictions under law are different for third parties than they are for an OC. At this point, Credit One Bank is outta the picture, per their own admission. That means that there can never be another OC for this account.


Quote:

Originally Posted by meinindy
...what do you think the debt validation will consist of....I think nothing.


Spot on, my friend. In my experience, it's vanishingly unlikely for LVNV and their shell companies to come up with proper validation. That was the case in my dealings with them. I went through MRS Associates, Resurgent, and LVNV, BTW.

Here's why: FTC says that proper validation has to consist of documents from the OC (Credit One, in your case). Something they cook up in-house, like that 'validation letter' from Resurgent is not validation. Now, most of the time, when these portfolios of debt are sold, all the buyer gets for his 2-10 cents on the dollar is a spreadsheet or database file, and a bill of sale. He may be able to cobble up something from the OC, if he's gotten some supporting docs with the sale. But the OC is outta the picture. They have no interest in paying their staff to research stuff for the buyer.


Quote:
Originally Posted by meinindy
Should I just sent DV to "all" companies associated with LVNV? I know that could be very costly, but this is BS.


Nope. First, I don't think any of us actually know how many different companies are tangled up in that corporate web. Or which ones are the shell companies. Or the false fronts. Etc. Second, there's no point to sending a DV to a company that doesn't have the account. They'll just s***can it, because it's irrelevant, and you're out postage and frustration.

You'll do better sending DV to the company actually collecting, and the company that owns the account. If the owner company pulls the account after that and farms it out again, follow up with a DV to the new company, and an ITS (intent to sue) letter to the owner. If they persist in their wayward efforts, sue them. It can be done. Many of us have done it.


lrhall41

Submitted by unclewulf on Sat, 10/31/2009 - 12:20

( Posts: 3172 | Credits: )


[QUOTE=meinindy;490026]Dear ______
Please be advised that this law firm has been retained to collect the outstanding balance due and owing on this account. As of the date of this letter you owe the amount listed above. Therefore it is important that you contact our office to discuss an appropriate resolution for this matter.

This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Unless you dispute the validity of this debt within 30 days of receipt of this letter, we will assume the debt is valid. If you notify us in writing within the 30 day period that the debt, or any portion thereof is disputed, we will obtain verification of the debt and mail you a copy. If you request in writing within 30 day period, we will provide you with the name and address of the original creditor if different from current creditor.
Sincerely ,
Weltman, Weinberg, & Reis co lpa.[/QUOTE]


BTW... WW&R may be a 'law firm', but they're acting as third-party collectors here. Under the law, they have the same restrictions as Allied, et al, and should get the same treatment. DV to them.


lrhall41

Submitted by unclewulf on Sat, 10/31/2009 - 12:23

( Posts: 3172 | Credits: )