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RESURGENT CAPITAL/ LVNV/ SHERMAN Playing games with me!!!!!


poblack
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Hello all,

LVNV has recently started reporting some old debt from 1999 that I do not recognize. I'm not going into the details, but it is clearly past the SOL in GA.

Anyways, so far I have sent a DV letter and they sent a crappy affidavit. Then for some strange reason they sent a letter saying they will "investigate it". I then sent them a letter back stating I do not accept the affidavit as proof that this debt is mine.

Today I check my PO Box ( I don't check it often) and they (Resurgent) sent me a letter stating the following:

"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 with you within 15 days from the date of this letter, active collection efforts will resume on your account.

Please contact us at 1-800-XXXX so we may update your contact info and assist you in resolving this account.

Sincerely,

Customer Service Department"

***

The letter is dated Dec. 7 and now it is past the 15 day window, however I'm pretty sure I sent that affidavit rejection letter earlier this month CMRR. Plus, my contact information was provided on every singe letter I sent them. Why do they need me to call them to update my contact info?

I need advice as to what my next move should be.

Thanks

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They don't want you to 'verify' anything. If you call them they WILL start in with the usual 'so how are you going to pay this?" crapola. They're playing games and you just need to stick to the task at hand - reject their ridiculous affidavit and keep hammering on them to DV. They never will, but you can't allow them to distract you with their tactics.

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I would send them an Intent to Sue letter, and file a formal complain with your states AGO office. That is what I had to do. I filed against Sears, Sherman, Alegis, Fredrick and two or three more.

In your case I would point out the seven year rule, more than one collection company attempting to collect on the debt at the same time. Violations of the FCRA, and FDCPA.

If you dispute the debt, and I believe you have, then they must make note of it when they report to the CRA's. Also I would review the law, they only gave you 15 days to respond when I think they have to give you 30 days by law.

I would keep DV'ing them and dispute their greesy Trade line with the CRA's on the grounds that they will not provide validation. If you file a complaint with the AGO also make note of that when you dispute with the CRA's. KEEP GOOD RECORDS.

Good luck.

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Thank you for the advice guys,

I just check my records. I sent the affidavit rejection letter on Nov. 29th and they received it on Dec. 2nd. On that letter is my current address, which they used to send me the response letter above so there is no excuse to say they never had my contact information. I am not required to give them my phone number am I?

As for the CRA's, I first disputed as "not mine" when I first saw the TL on my CR in October with Equifax. It came back verified. After I sent my DV letter stating they are in violation and to provide proof, they said they would "investigate". So I disputed it again with Equifax, and it came back verified AGAIN, meaning they are continuing to collect the debt WHILE they are supposedly "investigating".

Are they in violation for doing this?

Should I DV another time before I send a letter to attempt to sue them? I want a log of violations in hand to show a judge if need be.

I'm not really in a rush here so I'm prepared to battle these creeps.

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