ty24 Posted March 23, 2009 Report Share Posted March 23, 2009 Short summary of my situation- I have been laid off for about 9 months now. I had to move back in w/ my parents to save money while I try to find another job. I have been working diligently in repairing my credit and now have two charge offs w/ a balance remaining. One of them is an old PayPal Plus (GEMB) card, which was my highest balance charge off. The address on the card has always been my parents since I was in college and moving a lot the past couple years. Tate & Kirlin started calling here a couple months ago. They would leave messages to call them back. My parents are aware of my financial difficulties and caught on to what was going on. I tried to tell them not to answer the phone, but my mom did one day. After that they called religiously. My parents grew tired of it, so I had to finally answer. At that point I received a dunning letter and started the DV/1-2 punch process w/ the CA, LVNV (unknown debt) and Resurgent, which brings me to where I'm at now:In my DV letters, I sent a "limited C&D". I had read several different opinions on this and ran with it out of the "everyone else is doing it thought." After doing more research, I now wish I had not included it, especially after reading Robert Nashville's posts. After the letters were received, all collection activity has stopped. I received a poor attempt at validation by resurgent last week and plan to send a DV#2, however there is a portion of the letter (see below) that concerns me. It appears that they took the "limited C&D" as being a full C&D. Now I feel I'm in a tough spot. The debt is not even close to SOL and I want to attempt to avoid a judgement at all costs, I would actually prefer to avoid court, but I know that's probably inevitable. Anyways, the letter is below. How should I remedy this situation? Is there any way to pull the C&D back? Thoughts? Letter from Resurgent"Dear Me:Thank you for your recent inquiry regarding this account.We have taken the necessary actions to ensure you will receive no further communications from Resurgent Capital Services L.P(I sent them a limited C&D w/ my DV. This is within SOL. Sounds like they took it as a full C&D.) If you have further questions call...Enclosed please find an original (there is nothing original) validation of debt that verifies this debt. (I asked for validation, not verification)Sincerely,CS Dept. of Resurgent"Enclosure"Validation of DebtMarch XX, 2009MeAccount number XXXX for Me 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 $$$Too Much$$$. Since that time, additional interest, fees, payments, credits, and offsets, if applicable, have been allowed, for a current balance of $$$$Even More$$$$."THANKS IN ADVANCE FOR EVERYONE'S HELP! Link to comment Share on other sites More sharing options...
Dre Posted March 24, 2009 Report Share Posted March 24, 2009 Ah, I've never heard of this before, and I sent C&D letters to many of the CA's I was dealing with, but I always put "please send any communication about this account in writing, please".They sent the information that way; never called again.I wonder if you could try that?? Link to comment Share on other sites More sharing options...
ty24 Posted March 24, 2009 Author Report Share Posted March 24, 2009 Ah, I've never heard of this before, and I sent C&D letters to many of the CA's I was dealing with, but I always put "please send any communication about this account in writing, please".They sent the information that way; never called again.I wonder if you could try that??Thanks for the response! That is actually what I did, a limited C&D stating to only contact me via mail, however as Robert Nashville has pointed out, there really is no such thing in law as a limited C&D. Judging from the letter I received from them it appears they translated my limited C&D as being a full C&D. This could be a problem if the case goes to court as they will attempt to say I was unwilling to work w/ them and I've been told they would probably win in that case since there really is no "limited" C&D. I'm just looking for a way to cover myself here in case it were to come up in court, if it goes that far. I would also like to stress to LVNV that I am willing to communicated, however I would prefer to only do this by mail as it really is an inconvenience to my family to have them calling. I'm just not sure how I would go about it at this point and afraid if I don't address the situation I am probably going to be served sooner than later, which I would prefer to avoid. Link to comment Share on other sites More sharing options...
Dre Posted March 24, 2009 Report Share Posted March 24, 2009 Humm...I wonder if they will still send letters in the mail? You should do a search for them as well on this site; I know I've read many posts about this collection agency and they are no bueno.Wish you the best of luck with this situation, but see if they do respond to you in the mail again. Link to comment Share on other sites More sharing options...
ty24 Posted March 24, 2009 Author Report Share Posted March 24, 2009 Humm...I wonder if they will still send letters in the mail? You should do a search for them as well on this site; I know I've read many posts about this collection agency and they are no bueno.Wish you the best of luck with this situation, but see if they do respond to you in the mail again.I've done a ton of research regarding the Sherman hybrid. My issue here is unique and goes beyond that. I'm trying to avoid a summons at this point and if they are translating my limited C&D as a full C&D, it is more likely that a summons will come sooner than later if I don't remedy that situation. That is my entire focus right now. As far as dealing w/ the hybrid, I'm pretty up to date with the experiences of others and how they operate. Thanks for your help! Link to comment Share on other sites More sharing options...
nascar Posted March 24, 2009 Report Share Posted March 24, 2009 I'm trying to avoid a summons at this point and if they are translating my limited C&D as a full C&D, it is more likely that a summons will come sooner than later if I don't remedy that situation.I really don't think the decision to sue or not to sue will be based upon whether you sent a C&D or something else. If they're going to sue you, they'll sue you. In fact, the less amount of correspondence, the better. If they want to sue you, let them do it without being able to allege a bunch of discussions regarding a debt you don't think you owe to them. You have a letter acknowledging their intent not to contact you again. Hold onto it. When they start calling you again, you'll have evidence of FDCPA violations that could help to offset any possible lawsuit. Link to comment Share on other sites More sharing options...
Lostinpa Posted May 1, 2009 Report Share Posted May 1, 2009 In the same boat here with resergent.sent dv with request to only contact via mail.Sent same response * validation of debt*account now owned by L*n* At the time the account was aquired balance was $***No account number nothing saying what account it was for. Link to comment Share on other sites More sharing options...
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