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Question about settlement offer from LVNV-Resurgent Capital


LonnaT
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I received a settlement offer from LVNV (OC: Credit One ?) a couple of months ago. I wasn't in a position to settle then but am now. I called and they said the account is now with Resurgent. Based on my research, I know LVNV operates all of these same companies. I haven't received any notifications from Resurgent, but I want to get this taken care of.

Should I call Resurgent and try to settle? The amount they claim I owe is small, and I'd just like this to go away. But I don't want to reach a settlement and then have one of LVNV's other aliases pop up later, demanding money. Any advice? 

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You certainly can call Resurgent and offer them a settlement. If it is the same amount that LVNV offered you then they would probably take it. If not, then let them sit for a month and then try again. If they call within the month, simply offer the same settlement offer (realize that you are not dealing with people with 2 functioning interconnected brain cells here so it will take a few tries to get someone to realize you are offering them money).

The best way to be able to deal with the whack a mole issue is to get the settlement in writing. Any lawyer will tell you that if it is not in writing, it did not happen. They can either send you the settlement via snail mail or email. Just make sure everything is in writing. Also, do not let them have electronic access to your bank account. They will clean you out. You know they are lying when the collectors lips are moving and forming sounds in an intelligible language. You can send them a money order or cashiers check. Make sure to staple the receipt of the money order or cashiers check to the settlement and hold on to that for the rest of your life. You can also send the settlement CMRRR and fill out an affidavit as to what you sent. Keep that with the written settlement too.

Even with all that, you will not be able to stop them from passing this along but when they do, you can present the papers you have and state that this is settled.

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The record keeping might be better now than it was previously, especially with settled debts. The CFPB has been putting their thumb on JDBs to make sure they follow the rules so the JDBs are starting to clean up their act.

That said, there is no 100% assurance that this will not come up again. In fact, I would bet that it would be more likely that it will come up again than not, even if you take all the precautions mentioned above. When that happens, you simply send them a copy of the papers you have and if they continue to insist that there was not a settlement, you send a C&D letter.

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3 hours ago, Goody_Ouchless said:

I'll take the other side of that bet all day long.

If we did not live on opposite sides of the country, I would consider it. However, what would be the time frame. The debt comes back in 5 years? 10 Year?

Like I said, the JDBs might be doing better on things such as this now that the CFPB is keeping close track of them. However, I still think that mistakes are made.

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It didn't sound like you were talking about a rare, fluke mistake, but rather a consistent and continuing pattern of intentional "funny business." There is simply no way that anyone there has the time or inclination to "pull a fast one" on the OP.

Again, maybe we had different experiences, but outside of Wakefield (going back about eight years,) everyone I have dealt with in the debt collection chain has been courteous, professional and seemingly honest. Of course the OP should take precautions and get everything in writing, etc., but I don't think they need to "expect" LVNV to immediately send the settled account to some nefarious group in the basement that schemes to reactivate settled account.

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3 hours ago, Goody_Ouchless said:

everyone I have dealt with in the debt collection chain has been courteous, professional and seemingly honest.

The other half of the equation is 'you'. If you approach them with a chip on your shoulder and a set expectation of how it's going to go, you have all but guaranteed yourself the outcome before you say one word to them. 

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