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Not sure what to do next--Resurgent Capital

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Good afternoon. Back in March I received a collection letter from Resurgent Capital. I sent them a debt validation letter that I found on this site. I sent it US mail return receipt and did get the green card back. About a week after I received that back I got a letter from them saying they "were in receipt of my inquiry and are investigating my claim." OK. Five months go by and I have heard nothing.

In todays mail I get a letter saying that "Information you provided has been forwarded to the customer service department for research. However, we have been unable to contact you to discuss this account. If we are unable to establish contact within 30 days from the date of this letter, active collection efforts wil resume on your accout. Please contact us at 1-866-464-1187 so we may update your contact information and assist you in resovling this account."

I am not sure what I should do now. I am sure I do not owe this debt they say I do. I have not provided them any information. Any suggestions?

Thanks so much.




Hi

Call Resurgent Capital but don't give out your personal information at this time. If they have anything about your file, it must be in their system first. They should not call you and ask for the details. Verify the address they already have in their system and other information relating to this debt. I will try to understand if their attempt is genuine.

Sub: #1 posted on Sat, 08/19/2006 - 01:54

Christina Christina

(Posts: 436 | Credits: 65.27)

Hi, welcome back to the forums!

I would use your best judgement when contacting collection agencies that you have sent letters to. Depending on which 'validation' letter you used, contacting them by phone might be a bad idea. Especially since in most of the letters it states that you only wish to correspond by USPS mail.

Do you still have that letter? Is there anything in it that is person? If its okay with you, post the letter. Depending on the tone could determine your next move.

If it's been 5 months, since you last sent the 'validation' letter, I would send one more follow-up letter. Your original request stated they had 30 days, or to remove the item. Mention that you received theircontact us ASAP letter, and that you're only writing because you're waiting to receive proof by US mail. Add that this would be your final request, and your next step is to file a complaint to get the item removed. Send that letter certified as well.

I'd also write a letter to your credit bureaus, explaining that you wrote one letter 5 months back, and you have not received proof yet. This is where you would be disputing the debt. Attach a copy of both letters to each of the credit bureaus.

Regards-
Mike

Sub: #2 posted on Sat, 08/19/2006 - 01:57

Teleport Teleport

(Posts: 1388 | Credits: 401.89)

I would do what Mikey said.I've dealt with Resurgent,LVNV,Phillips-Cowen,etc.,I,too, wrote a "follow up" letter and never heard back,been months. They seem to pass it around among their many agencies. If they are legaaly able to collect,they should have all your info.,and validate the debt.Good Luck...Karen :D

Sub: #3 posted on Sat, 08/19/2006 - 02:09

Bossy4455 Bossy4455
Moderators
(Posts: 5854 | Credits: 743.03)

Right on!!! don't give them any info or update anything with them. What it is, they don't have everything they need 'information' wise, and are planning to get the rest out of you. sometimes we hang our own selves doing this. As mikey said, send them out another validation request. Make them prove it to you, since you have doubts that you even owe these people. the proof is up to them! not what they can 'get' out of you. shirley

Sub: #4 posted on Sat, 08/19/2006 - 10:06

imkimssister imkimssister

(Posts: 1302 | Credits: 780.55)

Quote:
In todays mail I get a letter saying that "Information you provided has been forwarded to the customer service department for research. However, we have been unable to contact you to discuss this account. If we are unable to establish contact within 30 days from the date of this letter, active collection efforts wil resume on your accout. Please contact us at 1-866-464-1187 so we may update your contact information and assist you in resolving this account."


They are trying to buffalo you out of your rights under the fdcpa. I assume you used a letter which included a DO NOT CALL statement. IF THEY HAVE NOT PROVIDED VALIDATION OF THE DEBT THEY CANNOT RESUME COLLECTIONS. TO DO SO WOULD VIOLATED THE FDCPA, and you can sue them for up to $1000 plus expense for each violation.

They have clearly stated they have not been able to validate. KEEP THAT LETTER AS PROOF OF THEIR ADMISSION THEY CAN"T VALIDATE AT THIS TIME. They FDCPA DOES NOT set a time limit for them to validate within, only that if requested they must validate the debt before resuming collection activity. If your letter included a C&D statement, they are allowed to contact you 1 more time, as out line in this quote o the FDCPA

[quote](c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
[/quote]

Go ahead and call them and inform them that you have received their letter and that any attempt by them to contact you prior to their producing the requested validation will be a violation of the FDCPA and that you intend to file suit to recover penalties and damages as allowed under the FDCPA if the resume collection activities improperly (You can actually do this with out a lawyer, but make sure you have full documentation). I would back this up with a letter stating the same. [list=]

Sub: #5 posted on Sat, 08/19/2006 - 21:24

LCW LCW
Moderators
(Posts: 1151 | Credits: 249.83)

Resurgent is a fraud!

They are scammers!

They are just trying to steal your money!

Send copies of all mail they send you to the postmaster of the zip code the p.o. box is located in!

Tell the postmaster, the debt is bogus and the company is a fraud!! The just keep moving from city to city!!! The rip people off.... Period

Sub: #6 posted on Wed, 12/20/2006 - 04:36

Unregistered


This is definately fraud. I settled debts years ago that they are now trying to collect. Make it as difficult as possible for them. They have no right to collect on debts that have been settled with the original creditor

Sub: #7 posted on Fri, 06/13/2008 - 06:36

Unregistered


I have encountered the same problem from this phone number and the same collect company. It's a debt from JC PENNEY. I have no idea where this debt is from. I asked them to mail me a copy of the receipt but no response from JC PENNEY or this collect company. I called to ask them to mail me the result of the investigation of the dispute, but they were rude to refuse and said they would do that. What can I do, call the police or go to the court? Help me, please! Thanks a lot.

Sub: #8 posted on Thu, 08/14/2008 - 18:14

Unregistered


they were rude to say they would NOT do that.

Sub: #9 posted on Thu, 08/14/2008 - 18:17

Unregistered


Are you saying you never had an account with GEMB/JCP?

Sub: #10 posted on Thu, 08/14/2008 - 18:20

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

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