Rssurgent Captial Services playing games-HELP!

[Familywantsahouse]

Here's the backstory.

Sent a PFD to CVF consumer Acquistions. They never responded. I realized after I sent it that it was a "new" collection that showed up AFTER our mortgage broker pulled our credit and we never got any notice. Convienent, right?

I sent a complaint to the BBB and AG office that they never sent a dunning notice.

Today I get a dunning letter that "this account has been placed with Resurgent Capital Services"....which so far as I can tell IS the same comapny of CVF aqcusitions. Oh, and with the dunning notice is a supposed "verification of debt" which basically says we got it from CVF who got it from NCO who got it from Capital One...that's the extent of their verification.

So I DV this all day long, right?? Asking for actual agreements and whatnot?? I have a DV letter. Is that my first and best step since it's not on the credit report yet (CVF Aqcusitions is still there...)

thoughts? help?? this makes me mad!!

[RobertEG]

They can argue that they have obtained verification of the debt from the creditor, and thus have complied with FDCPA 809(b).

Based on the "loose" interpretation of the statute standard, which is accepted by most federal jurisdictions, that would arguably be adequate verification.

If you feel otherwise, the ball is in your court to hold any subsequent collection activities on their part as being a violation of FDCPA 809(b).

What is your plan for addressing the debt itself, apart from the adequacy of verification issue?  Do you dispute the legitimacy of the debt itself, or is the issue of debt verification limited only to their compliance with the FDCPA?  If you have a supportable basis for asserting inaccuracy, then you have recourse to a dispute under the FCRA if and when they report to the CRA.  Until then, you can challenge any further collection activities provided you are willing to assert failure to comply with section 809(b).

[Anonymous]

DV immediately! Resurgent is also LVNV. Once I sent complaints to the BBB, the SC Consumer Affairs, and my state Attorney General, they folded. Took about two weeks for them to send me a letter saying my account was closed and it would be removed from my credit report. The account was actually removed before I received the letter from LVNV.

Also, have you disputed CVF on your credit reports?

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@Familywantsahouse wrote:

Here's the backstory.

Sent a PFD to CVF consumer Acquistions. They never responded. I realized after I sent it that it was a "new" collection that showed up AFTER our mortgage broker pulled our credit and we never got any notice. Convienent, right?

I sent a complaint to the BBB and AG office that they never sent a dunning notice.

Today I get a dunning letter that "this account has been placed with Resurgent Capital Services"....which so far as I can tell IS the same comapny of CVF aqcusitions. Oh, and with the dunning notice is a supposed "verification of debt" which basically says we got it from CVF who got it from NCO who got it from Capital One...that's the extent of their verification.

So I DV this all day long, right?? Asking for actual agreements and whatnot?? I have a DV letter. Is that my first and best step since it's not on the credit report yet (CVF Aqcusitions is still there...)

thoughts? help?? this makes me mad!!

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[rckstrscott]

Same scenerio as the OP, same result as the respondent.

Applying for a mortgage, LVNV (resurgent) placed an account on my credit file.. No dunning, no repsonse to DV.. Junk debt that had to be at least 9 years old, placed the collection as 'new' Dec 2011, which killed my mortgage..

Filed a complaint with the BBB of South Carolina and their consumer watchdog group (The AG dishes off this complaints to them) last tuesday. Called Resurgent to get information on the account on Friday, they indicated the account was closed and would be removed from credit reporting.

The account fell off today..

-scott

[Anonymous]

hoping for the same results. lvnv showed up in jan of this year with an OPEN date of 09/11 for an account that is due to fall off my CRs this may. The original DOLA from the OC was in 2005!! there is no way they can legally collect on this inflated amount(from their addition of fees and interest, no doubt).