IngridA

DV Northland, they fold, send it to Resurgent (long)

Recommended Posts

Ok, grab a cup of coffee or tea, and take a seat, this may take a bit:

Here are the players:

OC - JCPenney/GE Moneybank

CA#1 - CAC Fiancial

CA#2 - Northland Group

CA#3 - Resurgent Capital (current CA, apparently)

JDB - LVNV Funding LLC

OC charges off 4/06 (financial hardship on my end). Sends out to CA#1...I DV (untimely, unfortunately), no further collection....

Enter CA#2 January 2007 - they claim they are now the current CA and the account is now owned by JDB; they send me 2 settlement letters, I DV them (timely)....

Today I receive a letter from CA#3, saying they are now the current CA, letter has mini-miranda, and also has this weak attempt at providing validation:

Validation of Debt, March 7, 2007, IngridA (this was in bold at the top of the page)

The account of IngridA acquired from GE Capital is now owned by LVNV Funding LLC.

At the time the account was acquired from GE Capital, GE Capital advised that the balance owing was $310.82. Since that time, additional interest, fees, payments, credits and offsets, if applicable, have been allowed, for a current balance of $310.82

I know they probably turned it over to Resurgent, because they are local to me (next county over), so they could sue me in small claims if they want to, very easily. And I know that this pi$$ poor validation is probably due to the Chaudry case....

I think I'm going to DV again, and say that this is not validation (citing Spears v Brennan and the FTC opinion letter)....I'd rather this not go to court, I'd rather settle this and get this out of my face, but I don't like having my rights stomped on either....

Any thoughts?

As always, thanks in advance for the replies!

Share this post


Link to post
Share on other sites

I think I'm going to DV again, and say that this is not validation (citing Spears v Brennan and the FTC opinion letter)....I'd rather this not go to court, I'd rather settle this and get this out of my face, but I don't like having my rights stomped on either

Spears does not define validation. The court in Spears held that the mere existence of a contract did not prove that a debt was still owed upon it. FTC opinions are not binding authority. They are persuasive at best and there are many examples of caselaw out there that give FTC opinions very little credence.

You'll want to base your lawsuit on more than that if you don't want it to end badly.

Share this post


Link to post
Share on other sites
Spears does not define validation. The court in Spears held that the mere existence of a contract did not prove that a debt was still owed upon it. FTC opinions are not binding authority. They are persuasive at best and there are many examples of caselaw out there that give FTC opinions very little credence.

You'll want to base your lawsuit on more than that if you don't want it to end badly.

Gotcha....I'm not up on all the legal stuff.....

I should clarify that I don't plan on suing them...I'm concerned that they might sue me, since I'm over in the next county from them...I guess my real question is this - since they included this garbage validation, and I dispute it within the 30 days (timely DV), can they just continue to collect because they feel that they've already provided validation? And would a judge agree that yes, this is validation, based on the current court rulings (Chaudry, et al)?

Share this post


Link to post
Share on other sites
Gotcha....I'm not up on all the legal stuff.....

I should clarify that I don't plan on suing them...I'm concerned that they might sue me, since I'm over in the next county from them...I guess my real question is this - since they included this garbage validation, and I dispute it within the 30 days (timely DV), can they just continue to collect because they feel that they've already provided validation? And would a judge agree that yes, this is validation, based on the current court rulings (Chaudry, et al)?

I was in the same boat. Mine first went to Capital Management then ended up with Resurgent. LVNV funding is now the creditor at least according to the letter I got. I DV's them it took them 51 days, they called, I sent them a 2nd letter, 45 days ago. They are in turn now suing me, except I am in Indiana and the Court of Appeals here states that they must send me a compete payment history. According to Resurgent, they do not even have copy of the original contract with my signature. I will come out on top and money in my pocket. Good Luck and keep your chip up, there is light at the end of the tunnel..

Share this post


Link to post
Share on other sites
can they just continue to collect because they feel that they've already provided validation?

Yes, they probably will.

And would a judge agree that yes, this is validation, based on the current court rulings

That's anybody's guess.

Share this post


Link to post
Share on other sites

Thanks for the replies, guys.....

I've decided that I'm going to DV Resurgent anyway, and also ask for the OC name and address and see if they give that to me...that's part of DV according to the FDCPA statute, so if they don't give me that info, and they continue to collect, then they are in violation....then it won't be so bad if they sue me in small claims, because then I can countersue...:)

Share this post


Link to post
Share on other sites

Just wanted to update on this, because I'm finding this rather humorous...

I DV'd Resurgent Capital (timely), and they folded and turned it over to an outside law firm by the name of Weltman, Weinberg & Reis Co., LPA....just got their letter in the mail today....timely DVs are going out tomorrow...

I live in the next county over from Resurgent Capital and I thought for sure that if they were going to sue, it would be by now because of their proximity to the courthouse....but I guess they really don't have sufficient validation on this.....

It really is like playing poker with these nitwits....

Share this post


Link to post
Share on other sites

I had the same progression of events - first Capital Management whom I DV'd & they folded (they also sent a nice letter saying that they couldn't validate the account); then came Resurgent Capital & they couldn't respond to the DV either. Funny thing is I talked to a collector a few times & he got all upset after I informed him about my friend's dad, who's a judge, who told me to ask the collector for any type of proof that I owed the debt. The collector went ballistic & eventually hung up on me. Anyway, they couldn't - and didn't - send any proof &, unfortunately, didn't sent a nice letter like Cap. Mgmt. Next came a letter from Weltman & Goons. Again, I DV'd & received nothing for my time & effort. That was back in Oct & I haven't heard from anyone since. I'm sure the account is being sold to some other goon squad. Weltman was stupid enough not to include the mini-miranda. I mean, this is a law firm - they should know better!!

Just keep DVing - if they had anything, you'd have received it by now.

Sounds like it's LVNV who owns the debt. This is one of the most incompetent JDBs around.

Share this post


Link to post
Share on other sites

Another update:

Weltman folded and sent the file back to LVNV....we'll see who they shuffle it to next...LOL

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.