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From attorney to frs


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First received dunning letter fro Morgan & Pottinger dv and also informed them of several violations regarding their attorney letterhead.

They never answered btw

Today dunning letter from Financial recovery services,Inc

Out of m

Minnesota says servicing the account on behalf of Resurgent Capital. Creditor lvnv fundin regarding Washington mutual account

Offers to settle for 35 %

I will send new dv letter but any violations since all others went unanswered and also wanting me to settle prior to waiting 30 days to receive my dv?

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If I understand you correctly:

- There was originally an account with Washington Mutual.

- WaMu has sold the account to LVNV/Resurgent, who I believe for all intents and purposes are the same company.

- Morgan & Pottinger were hired to collect from you, and they began their attempts.

- You sent them a DV letter, in which you included allegations of FDCPA violations.

- They have not sent you a response, but they have not resumed collection efforts, so they have not committed any (further) violation. Basically, you've scared them off, and they've sent the account back. If you want to pursue the issue of FDCPA violations, you will have to sue them.

- Resurgent/LVNV has hired FRS to try to collect, and they have sent you a letter. As long as this letter satisfies the FDCPA requirements for a first letter, there is no violations. The letter must state who the current creditor is, how much they are demanding, and it must have the FDCPA Verification Statement that informs you of your rights to dispute and request verification. The appropriate response to such a letter is a DV letter.

Congratulations, you are playing a game we call "whack-a-mole." You smack one collector with a DV, and they disappear and another collector pops up, and you repeat the process.

Regards,

DH

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You are pretty much correct (whack a mole)

At this point I have DVD 11 different collection agencies

Last one was attorneys office

It's a providian acct last payment 11/06

Providian sold to wamu they sold to chase

But I also disputed with all 3 cra's

With this last attorneys office

So they have moved it again and is in dispute and not been verified with cra's if that makes a difference?

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WAMU was taken over by Chase, who apparently sold it (your account) to LNVN / Resurgent. Here's a novel idea; find out of any of these eleven chooches was authorized by the owner of the debt to send you a collection / settlement letter. The least sophisticated consumer would interpret these as an attempt to collect a debt. If the "owner" says no, you have 11,000 worth of FDCPA violations for attempting to collect a debt they do not own. Bad part is that they may not answer, you'll have to wait until they sue you to get this through discovery. I'd ask anyway, at the end I'd put PLEASE SUE ME, I CAN'T WAIT

Edited by legaleagle
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I copied their letter, highlighted we are authorized to offer you this settlement offer" Sent DV letter CMRR Also noted on letter

this is the 12th letter and attached copies of 11 previous CMRR notices.

And I asked Please tell whom authorized you to settle this debt?

On another note I called Chase and they said they had no records and

would have their "Fraud Department Investigate"

Don't know if that was a good move on my part, but since they said they

have no records, how can someone be authorized to collect right?

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They have no records? Good, that means the JDB will not be able to get any records either. I think once they sell these accounts, they delete everything. The owner of the account would have to authorize others to approach you. That would be LNVN. You have to ask them.

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