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About Loser

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  1. Most likely it is a scam. Threaten to report them to the police, then call the police and file a complain alleging attempted phone scam. Chances are they are not a collection company, just some dude trying to get personal info from you.
  2. In 2005 Citibank Sears after having failed to prove that out of state charges to my "closed" Sears card were valid, sold my account to Resergence Capital Services. Around February of 2005 I began to get collection calls from several differant collections companies, Resergence Capital Services, Alegis Group, LVNV Funding LLC, and various Sherman Accusition companies. To each, and then later to the law firms representing them, I sent validation letters. First Fredrick J. Hannan & Associates, and then Suttell & Associates, started sending me demand letters. It was at this time that it occured to me that I had no less than four seperate collections companies coming after me at the same time for the same debt. None of these companies would respond to my demands for debt validation say one, Suttell & Associates who were kind enough to send me an Affirdative of collection from LVNV Funding LLC, their client, as validation of the alleged debt. Now I ask you, how can Suttell & Assocaites claim that LVNV's affirdavid is proper validation of this alleged debt when LVNV Funding has never validated the debt or provided any proof what so ever that I owe this debt? It makes no sense. I disputed this on the grounds that LVNV Funding LLC is not the orginal creditor and therefore has no legal right to sign any affirdavid as to the validity of any debt. Now I have taken the proper steps with the AGO of my state, but they are knuckling under due to lack of funding. CitiBank confirmed that they could not prove the debt was mine, only that it was my account, and that they sold the account to Resergence. I have not been able to make any connection between Resergence and all of the other collection companies now attempting to collect upon this debt. The AGO is a weak sister and I know that Suttell & Associates is attempting to steam roll over them. They claim that this affidavid is proof under the FDCPA as to debt validation. Is it? I mean if that is all that collection companies have to do to prove that a person owes a debt is to sign a bullshit affidavid stating they owe the money, then why haven't more of them employed this tactic? How can a collection agency sign an affidavid stating that the debt is owed to them when (a), they are not the orginal creditor, ( Cannot provide any documentation as to the validity of the debt, © has thus far refused to provide me with any validation documentation concerning this debt, and (d) is one of at least four other collections companies attempting to collect on this debt? In light of Suttells claim to have an affidavid, the AGO has closed the case so I ask you, what do I do now? The affidavid is bull crap and should not be considered as proof that I owe any debt. Especialy to LVNV Funding which I have never had any dealings with in my life.
  3. I would say that the information they sent you is not validation because it does not include a complete billing payment history or bare any documentation with your signature upon it. If they cannot prove that you agreed to pay the bill, via a signature, then their job of obtaining a judgement will be that much harder if you challenge them. Expect to be served a summons in the near future.. RESPOND TO IT. Send them what they ask for as far as a response, but also be sure to file the response with the court that the summons has been filed through. Many times the law firms will not acknowledge your response letter, basically sit on it, until they can get a defualt judgement. So better to cover both ends.
  4. Tell them to go to hell that the debt is more than likely out of SOL and they haven't a legal leg to stand on. I would also consider suing them preemptively or obtaining an order prohibiting them from reporting this alleged debt to the CRA's.
  5. Yup, time for a prozac I would say.
  6. Thank you. However the MFC of $2.00 is the same. They just added that sentance. It threw me for a loop as I could not figure it out. Thanks for the help.
  7. LVNV likes to move the account about to other CA's. Be prepared to send this one to your AGO. Sears (CITIBANK) is natorious for playing games like this. LVNV once notified of your DV letter will most likely move the account to Sherman Aquisions or some fat assed attorney law firm starting with Fredrick Hanna, Resurgent Capital, Alegis Group, and or Ventus Capital Services. Keep detailed records of this. I think, but may be wrong, but CITIBank claims to sell all of their old accounts to Resurgent Capital who then assigns the claim to LVNV. From their it goes the gambit. Also be sure to check your states SOL laws. In most states the SOL is on average 6 years for credit cards. DO NOT PAY THEM A CENT. If you do you restart the SOL clock. Don't even talk to them on the phone. Do everything by mail. Once notified by you in writing that you do not wish them to contact you by phone, they cannot by law. Keep records of every contact.
  8. Can someone please tell me what this means: "Minimum Finance Change: There will be a minimum finance charge of $2.00 for each billing cycle in which a periodic finance charge is payable. Any minimum finance charge may increase the actual annaul percentage rate on your account." Ok the bolded sentance is the one that I do not understand. It is the addition to the Minimum Finance Charge part of my credit card agreement. I really have no idea what it means. Any one care to help enlighten me?
  9. Loser


    And thank God for this forum and the web site.
  10. There needs to be a law that prevents JDB from hiding behind different company names when they all belong to one specific company. JDB 1 contacts you and reports to CRA's. You DV them, they disappear. JDB 2 contacts you and reports to CRA's. You DV them, they disappear. JDB 3 contacts you and reports to CRA's. You DV them, they disappear. On and on and on. All of the JDB's that contact you belong to the same parent company but keep transfering the account between themselves as if they are transfering the account to a "new" CA. This bouncing the debt practice must be stopped. The problem is, with virtually all the law makers on either the Credit Card or Collection Company payroll, nothing will be done. Well nothing except the passage of more and more pro collection, pro credit card legislation.
  11. Loser


    I think this is one for the good guys. This came from the CA to my PO box which I checked today. Its postmarked the 29th. :):)
  12. Loser


    I had already gotten this CA removed from my CR through the dispute process before they offered any information regarding my validation letter. So, if they reinsert, won't they have to notify me? And if they do reinsert, I have the letter from the OC to back me up. I am hopeful that this is ended, however it if is not, I will continue the good fight.
  13. Good luck with this one as Cap 1 is natorious for not working with people in hardship situations. If they do agree to help you, GET EVERYTHING IN WRITING BEFORE EVER SENDING THEM A CENT!
  14. Business Name: Sears, Roebuck and Co. Address: 3333 Beverly Road City: Hoffman Estates IL 60179 Business Phone: 1-800-349-4358 Hope this helps.
  15. Loser


    I disputed a collection on my CR and the CA did send what would appear to be proper proof of validation. I did some checking and discovered that I might indeed be responsible for the bill however I was neve billed. I called the OC but was given the run around. I then researched the OC and found the email address for one of their CEO's and emailed him a simple question. Who do I contact with a concern about a matter related to your company? I recieved the info the very next day and fired off a very polite letter to that person out lining my concern. IE that the bill would have been paid had I been billed. Yestarday I get a call and the Manager of Financial Services for this company said that they would agree to have the collection company remove the collection if I paid the bill. I agreed to pay and this is what I recieved in exchange. I am hopeful that this is a success and if it is, I owe many of you on this forum a big thank you.