FL_minor

3 letters in 1 month from Northland/Resurgent for same 'zombie debt'

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You are right. This was my DV letter:

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on xx/xx/xx.

Be advised that this is not a refusal to pay, but a notice sent pursuant to the

Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B)that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a

request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have a legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Identify the original creditor;

Copies of any papers that show I agreed to pay what you say I owe;

Documents regarding the payments made on this account;

Provide a verification or copy of any judgment if applicable;

Prove the Statute of Limitations has not expired on this account;

The agreement which authorizes you to collect on the assumed debt.

Your credentials to collect in my state with license numbers.

At this time, I also request that you do not report invalidated information to any of the 3 major Credit Bureaus (Equifax, Experian or TransUnion). If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time any collection activity must cease and desist.

If your offices cannot respond to this validation request within 30 days from the date of your receipt, I request that all references to this account be deleted and completely removed from my credit file and a copy of such deletion request be sent to me.

I would also like to request to you, in writing, that no telephone contact be made by your offices to my home or to my place of employment, under my right according to the Fair Debt Collection Practices Act. All future communications with me must be done in writing and sent to the address above in this letter.

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Fire off a DV letter to Resurgent CMRRR. That way you have proof you contacted everyone you needed to contact. Once you're comfortable that the SOL has passed, write them a C and D letter.

Have you checked your CRs?

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Hmm. Your DV letter may be the reason they're not taking you seriously at this point. LVNV has been in the game long enough to realize that internet templates demanding the kitchen sink come from a debtor who hasn't fully learned the system. But that's ok, it's where we all began, and why you're here learning it now.

What you're dealing with is being tangled in the Sherman Hydra. Of course Resurgent sent you the letters, they're the lapdogs of LVNV. You'll never see a piece of letterhead from LVNV since they are essentially a holding's company. I don't even know if they have any actual employees.

So what happened is the three subsequent CAs all went back to LVNV, who only talks through Resurgent. Does it make sense now why Resurgent responded?

I'm about to take on the whole mess in Arbitration next month, I'll let you all know how it turns out.

At this point, I would be demanding two things from Resurgent. First, demand that LVNV and not Resurgent respond to you. Second, demand that they send you validation from the Original Creditor since LVNV, and their lapdog resurgent are not OCs and never will be OCs since any debt potentially assigned to them was in default prior to the assignment.

One of these days this is going to come back and bite them on the a$$, hopefully sooner rather than later.

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LUEser,

You mentioned the Sherman Hydra. Do you know of a connection between Sherman Financial AND Portfolio Recovery Associates? If you do a UCC search on Sherman Financial in South Carolina, Porffolio Recovery comes up as the secured party. Every list of the top debt buyers lists them separately. Just wondering.

Oh, don't forget to add Alegis Group to the Sherman Hydra.

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I didn't know that. I'm stuck to only being able to grab four of them and their henchmen in the upcoming arbitration party. I did know of Alegis and Credit One Bank, Portfolio was news though. Still, only four have contacted me so I'm stuck there in regards to how many respondents can be on my arb petition without having to fear frivolous retaliation.

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Based on what you posted, you are well beyond SOL, so go ahead and send them a C&D letter (send it/them CMRR of course). BUT...as much fun it is to tell these morons what they can do with themselves, if they violate the C&D you'll have to present that letter in court in order to sue them, and the judge won't take you seriously if it just says "Eff You" in crayola.

I suggest this:

Numbnuts Collection Agency

123 Main Street

Re: Account #

To Whom It May Concern:

I am exercising my rights under the Fair Debt Collection Practices Act (15 USC section 1692c) and you are hereby directed to cease all communication with me concerning this matter, and I consider this matter closed.

Sincerely,

Abused Consumer

Just be sure not to sign the letter, just type your name. You don't want to give these jokers a copy of your hand writing.

Edited by debtfreein18

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Just be sure not to sign the letter, just type your name. You don't want to give these jokers a copy of your hand writing.

Too late for that :( I had already signed the Northland letter.

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Alright, today I got yet another letter. That's the 4th letter (dated June25th, 2010) in 10 days.

Dear FL

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. If you have any further questions, please contact one of our customer service reps toll free @ 1888xxxxxxx.

Enclosed please find an original validation of debt that verifies this debt.

Sincerly

Customer Service Dept.

Resurgent Captial Services L.P.

heh, what inquiry I wonder...I have not sent anything to these Resurgent guys yet.

Is this their setup for a court summons...feels like one to me. I will be sending off a letter to them tomorrow or Saturday by CMRR. Will post a draft here before that. Meanwhile, I'm going to put a lawyer's number on my phone's Contact list.

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I'm sending my letter today by Priority Mail with delivery confirmation. It's basically Linda's letter(from Post#3 in this thread), which I hope would also serve as a debt validation letter. If anyone has any final thoughts, please let me know.

thanks for all the help!

Edited by FL_minor

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I'm joining this thread late, but I think you guys have all missed the obvious. You're assuming a human being has been giving rational thought to these letters. Look at the letters the OP has received:

1. Settlement offer

2. Attempt at verification

3. "Received inquiry" message

4. "Unable to contact you" message

5. Promise to cease communication

6. "forwarded information, may resume collecting"

7. Another promise to cease communication

All without any input from the OP. Don't you see it? Their computer has gone berserk! It's automatically spitting out each and every one of their canned letters, without any input by a human being.

So, FL_minor, maybe your letter should take that tack. Tell them their computer has been sending you a flood of conflicting and confusing letters.

Then, given what you've said about this being 10 years old, tell the them to pound sand, and leave you alone forever.

Regards,

DH

Edited by debtorshusband

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Then, given what you've said about this being 10 years old, tell the them to pound sand, and leave you alone forever.

Regards,

DH

Yep, something's crazy up there in their office for sure.

btw,

*I* know its 10 years old, but have no way of proving it, which is why I am resorting to the letter that Linda suggested. :(

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"*I* know its 10 years old, but have no way of proving it, which is why I am resorting to the letter that Linda suggested."

I think you want confirmation in your hands for your own peace of mind that the debt is old. Hopefully, they'll send you what little they've got, and you'll have that confirmation. Then send them a C & D.

If LVNV sells the debt, and someone else tries to collect on it, you'll be able to bypass the DV and go straight to the "bite me".

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Unless it shows up on your credit report, which it should not, UNLESS YOU MAKE A PAYMENT, they will be in violation. DO NOT MAKE A PAYMENT OF EVEN 1 CENT or you restart SOL, if you are outside of SOL and it's not on credit report, if they do sue, remember to answer and show up at court date, use SOL defense. if you don't show up they will win a judgment and despite fact that it was outside of SOL, they will win and you will have a collectible judgement. Do not restart statute by making a payment.

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"5.

dated June25th, 2010 - Resurgent

Dear FL

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. If you have any further questions, please contact one of our customer service reps toll free @ 1888xxxxxxx.

Enclosed please find an original validation of debt that verifies this debt.

Sincerly

Customer Service Dept.

Resurgent Captial Services L.P."

This was in your 1st post. I can't believe none of us said anything about it. It says you're not going to receive any further communication from Resurgent. Since Resurgent said they were managing the account for the above creditor (letter #3) who is LVNV, it seems to me the case is closed.

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Enclosed please find an original validation of debt that verifies this debt.

Sincerly

Customer Service Dept.

Resurgent Captial Services L.P."

This was in your 1st post. I can't believe none of us said anything about it. It says you're not going to receive any further communication from Resurgent. Since Resurgent said they were managing the account for the above creditor (letter #3) who is LVNV, it seems to me the case is closed.

But since they claim to verify the debt, is it safe to assume the case is closed?

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:lol: Read my PM.

It wouldn't be closed simply because they validated. It appears they're not going to do bother you anymore because they said you would receive no further communication from them.

Edited by BV80

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It wouldn't be closed simply because they validated. It appears they're not going to do bother you anymore because they said you would receive no further communication from them.

True, which is why I was wondering if they were just prepping for a lawsuit.

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If it's outside the SOL, I doubt they'll file a lawsuit. Big waste of their time and money.

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I have an off the wall thought here . . . why not call them and ask what all this is about? Then if they start with the collection speech, verify their address and send the letter. However, they may apologize for the mistake and you'll know then that it was a mistake. :)++

Edited by Linda7

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Works for me and couldn't hurt. I guess I'm so used to reading "never talk to a collector", that it never entered my mind.

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Does anyone know what the correct address for Resurgent is? I was tracking my letter and I see this message

"We attempted to deliver your item at xx:xx AM on July xx, 2010 in GREENVILLE, SC 29601 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to usps dot com, or call 800-ASK-USPS to arrange for redelivery."

I had only sent it one address on the letterhead (Suite 600). They had another P.O box address where they mentioned "I may also send my payment". I'm wondering if I should send it to that address also.

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Does anyone know what the correct address for Resurgent is? I was tracking my letter and I see this message

"We attempted to deliver your item at xx:xx AM on July xx, 2010 in GREENVILLE, SC 29601 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to usps dot com, or call 800-ASK-USPS to arrange for redelivery."

I had only sent it one address on the letterhead (Suite 600). They had another P.O box address where they mentioned "I may also send my payment". I'm wondering if I should send it to that address also.

No. You don't send certified, return receipt letters to a PO Box. And don't worry about any of this! You answered within your 30 days and you sent it to the address on their letterhead. It's not your fault they didn't receive it. You have your green card as proof! They were left a note and it's up to them to reschedule the delivery. If they don't want it - that's up to them as well. :)++

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