fighting resurgent capital services

[frustratedid]

What is the name of your state? ID
I have sent an original VOD letter on this account in July. Never received any correspondence back from them. I sent a second VOD letter in Aug, still no response. Sent a 3rd and final letter stating that they hadn't ever responded to me, so I was under the impression this account can not be validated and that they needed to remove from credit history. Today I receive letter in mail saying they have been trying to contact us regarding this account and that we need to call them within 30 days to verbally discuss this account. If I call them is that not the same as us validating the debt? What should my next step be with this? Any suggestions will be appreciated.

[debtcollector`]

Originally Posted by frustratedid

What is the name of your state? ID
I have sent an original VOD letter on this account in July. Never received any correspondence back from them. I sent a second VOD letter in Aug, still no response. Sent a 3rd and final letter stating that they hadn't ever responded to me, so I was under the impression this account can not be validated and that they needed to remove from credit history. Today I receive letter in mail saying they have been trying to contact us regarding this account and that we need to call them within 30 days to verbally discuss this account. If I call them is that not the same as us validating the debt? What should my next step be with this? Any suggestions will be appreciated.

What is a VOD letter? I fail to see what Video On Demand has to do with debt collection.

They are under no obligation to respond your validation letter. There are specific rules regarding validation letters. You should read the FDCPA for those rules.

You should call them and make arrangements to pay your debt.

DC

[frustratedid]

Thank you DC - for taking the time to respond. I do think you need to get a new line about the VOD acronym that people use in this forum, I see that funny comment on each of your replies..not funny to someone who is really trying to solve an issue. I also realize there are rule and regulations regarding the validation request letters and I have done my research and know what my rights are under the Fair Credit act. Also the assumption you made that this is our debt was incorrect that is why we are trying to validate it, my husband has no recollection of this account.
Again though thanks for taking time from your day to try to answer my post.

[debtcollector`]

Originally Posted by frustratedid

Thank you DC - for taking the time to respond. I do think you need to get a new line about the VOD acronym that people use in this forum, I see that funny comment on each of your replies..not funny to someone who is really trying to solve an issue. I also realize there are rule and regulations regarding the validation request letters and I have done my research and know what my rights are under the Fair Credit act. Also the assumption you made that this is our debt was incorrect that is why we are trying to validate it, my husband has no recollection of this account.
Again though thanks for taking time from your day to try to answer my post.

Fair Credit Act has nothing to do with debt collection.

You need to research the Fair Debt Collection Practices Act.

VOD means nothing because it has not been defined on this forum. It is not a common term in the debt collection industry and unless you define what you mean -- it is meaningless, or the reader can and will assign any meaning they wish to it. (and for the record - your post was the second time I remember that term being used on this website and it still has not been defined by anybody.)

I don't care if it is your debt or not. Your post reads like a professional debtor wrote it. You don't seem interested in resolving the issue but avoiding and squirming away from it. If that isn't the case -- try posting actual facts and dates. That you sent three letters is meaningless. The only two dates that are important are the dates of initial contact by the CA and 30 days from that date. If you sent a validation request that was received after 30 days, it isn't completely pointless - but nearly so. That is the real world. If you want help on how the system actually works, ask. If you want to know how the system is supposed to work, ask.

If you want to troll deadbeat websites and pick up terms like VOD, -- be prepared to be considered as just another deadbeat attempting to evade their valid debts.

If you care to define what that term means to you and what your letter actually said, I can tell you whether it was laughed at and thrown away or just thrown away.

DC

[TiredOfAbuse]

Originally Posted by frustratedid

What is the name of your state? ID
I have sent an original VOD letter on this account in July. Never received any correspondence back from them. I sent a second VOD letter in Aug, still no response. Sent a 3rd and final letter stating that they hadn't ever responded to me, so I was under the impression this account can not be validated and that they needed to remove from credit history. Today I receive letter in mail saying they have been trying to contact us regarding this account and that we need to call them within 30 days to verbally discuss this account. If I call them is that not the same as us validating the debt? What should my next step be with this? Any suggestions will be appreciated.

I will take VOD to mean that you had sent them a letter requesting Validation of the Debt. You are within your rights to do so. How do you know this agency has the correct person? How do you know if this debt is yours? I am posting my thoughts based on the information you have supplied.

Did you send the request for Validation within the first 30 days you were contacted (a contact could be, but is not limited to, a letter or telephone call)? If the answer is yes - The collection agency needs to stop all collection attempts until it has been properly validated. I believe they have violated. I would hold onto the letter and see if they continue making these errors. In your place, I would not call them back and wait for proper validation as defined by the FDCPA.

[url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]

Did you send the request for Validation after the first 30 days you were contacted? If yes, then they can legally keep contacting you.

If you call them it does not upset the validation process but it does put you in the position to be subjected to possible abuse, double talk, and general rudeness. If you decide to call them, record your conversation (as they may violate state and/or federal laws). If you are in a 2-party state, you must inform them you are recording the call.

Log all communication attempts after your prompt request for validation from the offending party (Original Creditor NOT included; the FDCPA does not apply to the Original Creditor). You do this so you can, within the next year of the violation(s), show the offender the error of their ways by filing suit against them. Check to see if the offender is properly licensed/bonded in your state as a debt collector, and if your state requires them to be. If you are unsure of the law, take your communication logs to a [url]www.naca.net[/url] attorney to discuss your options. You may be able to get a free consultation.

In your shoes, and IF they eventually validate properly, I would communicate with them through the mail only so there is complete documentation of what is discussed (and there is no bully'ing over the phone with double talk, abuse, name calling, shouting...ect.). I would discuss a settlement or a playment plan you can afford.

Beyond this, I hesitate to give any further thoughts. I am unsure of your situation or what information you have already passed to them in your correspondence to Resurgent. Be wary of taking advice from any collector, as you have been shown they do not care about you or your situation. Research your rights and do not hesitate to defend yourself.

TiredOfAbuse

[frustratedid]

I apologize for using a term that has not been identified in this forum or in the industry. I was under the impression that it would be understood that I meant VOD to be validation of debt letter. Again I apologize, I did not get this term from "trolling deadbeat websites". In the future I will just type out everything and avoid acronyms so there is no misunderstanding of my questions.
1st contact from collection agency - 06-28-07
My letter back requesting that they validate the debt since we had never heard anything of it and are not sure what it is was 07-05-07 mailed certified , green card received back
2nd contact from collection agency - letter and phone call same day 08-07-07
My letter back to them 08-22-07 again requesting that they validate
1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any contracts that show I agreed to pay what you say I owe
4. Identify the original creditor
5. Proof the statue of limitations has not expired on this account

Still no response from collection agency I believe they called a couple of times but never left any messages, I am thinking it was them because I looked the number up on google.
on Sept 26, 2007 I sent the 3rd letter again asking for validation and disputing that this debt is ours, and that if they did not respond then I was assuming they could not validate this debt and that it would be removed from our credit reports.
NO response to any of this until I received the letter last week dated 11-01-07 stating that unless we contacted them at said number within 30 days collection activity would again begin on this account.
Back to my original question now that I have supplied all the dates that I can...
If I call them since they have not replied to any of my requests, will I be verbally validating this debt?
Contrary to previous comments we are not trying to squirm out of a debt and are not "deadbeats attempting to evade their valid debts." and I am not a professional debtor. Thank you for thinking that I am professional though. I am just a stay at home Mom who is trying to make sure we don't get stuck paying someone else's debt, we have enough medical debt of our own without accepting something to be ours without validation.

[debtcollector`]

Originally Posted by frustratedid

I apologize for using a term that has not been identified in this forum or in the industry. I was under the impression that it would be understood that I meant VOD to be validation of debt letter.

1st contact from collection agency - 06-28-07
My letter back requesting that they validate the debt since we had never heard anything of it and are not sure what it is was 07-05-07 mailed certified , green card received back
2nd contact from collection agency - letter and phone call same day 08-07-07
My letter back to them 08-22-07 again requesting that they validate
1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any contracts that show I agreed to pay what you say I owe
4. Identify the original creditor
5. Proof the statue of limitations has not expired on this account

The letter you received on 7 August -did it contain the name and address of the original creditor? If so, they have completed the required legal validation. While everything you asked for is something I would want to know in your situation, you have no standing to demand the CA give it to you short of discovery for a lawsuit.

Originally Posted by frustratedid

Still no response from collection agency I believe they called a couple of times but never left any messages, I am thinking it was them because I looked the number up on google.
on Sept 26, 2007 I sent the 3rd letter again asking for validation and disputing that this debt is ours, and that if they did not respond then I was assuming they could not validate this debt and that it would be removed from our credit reports.

I'll bet a dollar to your dime that the 7 August letter complied with the legal requirements for validation. And they are not required to remove an item, only note that it is disputed.

Originally Posted by frustratedid

Back to my original question now that I have supplied all the dates that I can...
If I call them since they have not replied to any of my requests, will I be verbally validating this debt?

No. you cannot validate the debt short of a written acknowledgment of the debt and or payment on the account.

Originally Posted by frustratedid

I am just a stay at home Mom who is trying to make sure we don't get stuck paying someone else's debt, we have enough medical debt of our own without accepting something to be ours without validation.

If this is a medical debt the rules change a bit because we have to take HIPPA into the equation. The CA can't tell you what procedures the debt may be for. You need to contact the original creditor, the hospital or doctor and talk to them directly. Ask for the accounts receivable manager or go in to their office and wait until they talk to you -- bring the kids. An office full of screaming kids will motivate them to get you out the door faster (a quasi-serious attempt at humor- but I'd do it).

the thing to remember is that most hospitals are people friendly. And they want really soft collections. A few tears when you are asking for information from them might help too.

DC

[TiredOfAbuse]

Originally Posted by TiredOfAbuse

If you call them it does not upset the validation process...

I thought I'd point it out again and agree that no, the act of you calling does not validate the debt on your end.

TiredOfAbuse

[Rocky808]

Resurgent Capital of Greenville, SC is hand in hand with LVNV funding. LVNV is what's known as a junk debt buyer. LVNV buys cheap charge-offs for around 2 - 4 cents on the dollar or there abouts. Whatever hard times or illness may have come upon you, is not really of importance to these commission driven individuals. The owners, managers, and supervisors of this entity, are in it for the money. They want everyone and anyone to send them $$$ fast. But are they really playing with a full deck of cards? I encourage you to check the internet and read what several others have recently and in the past said about resurgent. It can be quite enlightening. The real challenge is hoping that Resurgent will play fair. I've found this to be a monumental challenge.

First, always send them a brief wriiten request for debt validation, send this by certified mail with return receipt. Please keep this receipt and copies of all other possible forms of communication with them. It may be best to communicate with them only in writing. Most people who call them on a phone are somewhat at a disadvantage. I had a life altering health experience and during and following that time received numerous calls and scripts from resurgent. Remember, it's almost always about money with them, that's what they do. Your first priority is always your family and yourself. Junk debt buyers are not your neighbors or even your best friends. They are fairly low on the totem pole. I don't really blame the front line clerks there, who just need a job. However, the owners, managers, lawyers who are connected to them, and the supervisors who have ingratiated themselves there, have willfully put themselves in an entirely different place. You need to be extra cautious and vigillant when contacted in any form by resurgent capital. Your question is good. Read all you can about them on the internet. You'll do just fine.

[trying 2 help]

I just read your letter and you seem nice, so I'm going to let you in on few secrets they don't want you to know. And I should know b/c I worked for them a long time.

1) A VOD (validation of debt) is pointless if you are not dealing with the original creditor. It's nothing more than a notorized bill. That's it.

2) The 30 day timeframe for a dispute means nothing. You have the legal right to dispute the debt whenever you feel like it, as often as you feel like it.

3) It means nothing whatsoever if the account is off your credit report. The debt is considered valid until it is paid, put in bankruptcy, or determined to be a valid dispute. Yes, even after you are dead. They just go after your estate.

The following points are specific to RCS (Resurgent Capital Services). They may apply to other agencies in some ways. I don't know and cannot say for sure b/c I never worked for another agency besides RCS.

4) There is NO LVNV Funding or Sherman Acquisitions. It's paperwork and nothing more. There is no phone number or address for them. There is no fax number or email. I know you see stuff on the internet that says how to contact them, but believe me, you are only contacting another RCS office. See, how it works is LVNV buys accounts from finance companies. (Sherman doesn't buy anymore b/c it's being phased out for legal reasons.) The finance companies are the REAL original creditor, not the merchant. Ex: Household does the financing for Best Buy. Citibank does the financing for Sears.

5) If you want something done, call the Greenville, SC office. They are the main hub. Cinncinatti just deals with IT stuff, Houston, TX just processes payments, Sioux Falls, SD only deals with the credit cards you sign up for to pay off the debt, New York, NY just buys the bulk debt (which is never researched b/c it is bought in bulk of thousands) and Charleston, SC pushes paperwork that has nothing to do with anything.

6) A dispute over the phone means nothing. All the rep does is enter a code on the computer that says VDS. It stands for verbal dispute. It puts an entry on the credit report for 30 days saying the account is disputed and then goes back to the same old thing as it was before after the 30 days.

7) So you send a dispute letter wanting all this information about the account. Guess what? They don't have it and they are not going to order it. Why? B/c when they bought the debt, they just purchased the right to collect on the debt, not the actual paperwork behind it. That costs extra. And they are not required by law to provide it. It’s a technicality, but they’re still protected.

8) If you don't have a police report, they pretty much aren't going to pay any attention to it. Yes, you can go to ftc.gov and fill out a notorized id theft affidavit like they ask, but it's not going to do any good. You need to carry yourself down to the police station and file a report for id theft and send THAT with your dispute.

9) The good news is that if your debt is $500 or less, they just erase it anyway with having to do anything. But customer service can't do that, which is who you actually talk to when you call. It has to be done by the dispute department. Don't bother asking for them over the phone either until they contact you. You won't be transferred. Wait until they call you or you get a letter from them. Yes, that means you have to at least give them an address to contact you at.

10) If you luck up and your account is through a previous MCI bill, listen closely... they will ask you a bunch of questions in customer service. Say no to all of them. You didn't have an account, never used their phone card, blah blah blah. Guess what? End of story. Customer service will close the account and will remove it from the credit report, even if it is over $2000! Why? They figured out real quick the accounts were bogus. Then why even have them? B/c if just oner person pays the account, it makes up for the 100 that don't.

Hope all of this helps you out and good luck!

[Credithis]

From my post on Creditboards:

[url]http://creditboards.com/forums/index...&#entry3372695[/url]

Well, there is a way to use South Carolina's own credit laws which BTW, mirror the FDCPA. File a complaint with the Administrator of the SC Dept. of Consumer Affairs. This gets their attention. Report the know linkage between LVNV, Resurgent, Sherman, Credit One, et al. I believe this is also obligatory anyway.

[url]http://www.debt-collector-problems.c...tices-Act.html[/url]

Now, here is the section to write them up about, one which will give them pause:

(d) causing or threatening to cause injury to the consumer's reputation or economic status by disclosing information affecting the consumer's reputation for creditworthiness with knowledge or reason to know that the information is false; communicating with the consumer's employer before obtaining a final judgment against the consumer, except as permitted by statute or to verify the consumer's employment; disclosing to a person, with knowledge or reason to know that the person does not have a legitimate business need for the information, or in any way prohibited by statute, information affecting the consumer's credit or other reputation; or disclosing information concerning the existence of a debt known to be disputed by the consumer without disclosing that fact;

Oh, of course make a copy of this complaint to the SC AG and let the Sherman dysfunctional family know this. This worked wonders for me. 'Course I like giving em hell. My alledged debt is 13 years old and they did the usual pass it around to different CA's, I skipped them after the first and sent a DV directly to LVNV with Resurgent's name on it also and the term all Sherman's companies. I let em know up front I'm dead serious. Oh, forgot, also sent it to their SC registered agent.


Now, here is the SC's Dept of of Affairs authority:

Again, go here and download the form, fill it in with all the particulars, send it back to the SC Dept. of Consumer afffairs, make two copies of that complaint and mail them CMRR to Sherman and the SC AG.

[url=http://www.scconsumer.gov/complaint_services.htm]Complaint Services[/url]

STATUTES ENFORCED BY SCDCA: [url=http://www.scconsumer.gov/legal/statutes.htm]Statutes Enforced by DCA[/url]

Athletic Agents & Student Athletes Section 59-102-10 et seq.
Continuing Care Retirement Communities Section 37-11-10
Credit Grantor Notification and Fees Sections 37-6-202 & 209
Maximum Rate Schedules (Filing and Posting) Loans - Section 37-3-305
Maximum Rate Schedules (Filing and Posting) Sales Section 37-2-305
Mortgage Loan Brokers Act Section 40-58-10 et seq.
Motor Club Services Act Section 39-61-10 et seq.
Motor Vehicle Express Warranties Section 56-28-10 et seq.
Pawnbroker Section 40-39-10 et seq.
Physical Fitness Services Act Section 44-79-10 et seq.
Prepaid Legal Services Section 37-16-20 et seq.
Prizes and Gifts Act Section 37-15-10 et seq.
Remedies & Penalties Limitations on Creditors' Remedies Sections 37-5-109, 110 SC Consumer Protection Code - Title 37
Staff Leasing Services Section 40-68-10
Telephone Solicitations Section 16-17-445
Unfair Debt Collection Practices Act
Unconscionability Section 37-5-108

I want you to realize that SC does have the basics of the FDCPA incoded into its leagal system.
You have to tie the multi-headed hydra together in your complaint, as I told one person demonstrating "collusion" amongst its parts to make the "whole" liable in any suit against them or in defense.

I did this for myself and a good friend. Sherman gets very antsy and defensive when this is done and actually stumbled all over itself to drop the matter to our satisfaction. They DO NOT want to be tied together even though someone made them start including a list of Sherman companies included in every dunning letter sent by their CA's.

Again, start by using SC's own debt collection remedies built in it State laws.

[Antigone*of*Greece]

What is up with this post - it is from a year ago

[debtcollector`]

Originally Posted by Wirelessany1

What is up with this post - it is from a year ago

The deadbeats just want to share their misery with some unsuspecting soul.

[trying 2 help]

First off, I realise it was an old post but I figured it could still help someone - even if it's not the original party that wrote the question. Second, deadbeats??? Don't you think that's a little harsh? I don't personally know these people or their circumstances. Do you? I'll be the first to admit that there are professional debtors out there who just use the system for whatever they can get out of it. However, there are also good hard-working middle class people who just had hard times due to bad luck, family illness, or something else that could just as easily happen to any one of us. There are times to be harsh and there are times to be empathetic. Have you ever went to a particular store, but ended up going to a different one (and possibly pay more) simply because the service was better? I have. Most people I know have. A little knidness and understanding can go a long way.