topic Re: Collection games or legit? in Rebuilding Your Credit

Collection games or legit?

Anonymous — Tue, 23 Feb 2021 02:13:09 GMT

Hello,

I sent a debt verification letter to a company called LVNV LLC. who is the named collection agency on my credit reports for a credit card on there with a stated balance in collections. I received a letter back within 30 days from another company, Resurgent Capital Services, claiming to "manage" the collection account for LVNV LLC who bought the debt from Credit One bank (original creditor). They also sent their response to my residence address and not the return address I use for correspondence and was used on my correspondence.

My question is, should I respond and deal with this new company Resurgent Capital Services or should I ignore their response and claim to not have received a response from LVNV LLC. where I sent my inquiry?

Re: Collection games or legit?

Anonymous — Tue, 23 Feb 2021 02:15:48 GMT

@Anonymous wrote:
Hello,

I sent a debt verification letter to a company called LVNV LLC. who is the named collection agency on my credit reports for a credit card on there with a stated balance in collections. I received a letter back within 30 days from another company, Resurgent Capital Services, claiming to "manage" the collection account for LVNV LLC who bought the debt from Credit One bank (original creditor). They also sent their response to my residence address and not the return address I use for correspondence and was used on my correspondence.
My question is, should I respond and deal with this new company Resurgent Capital Services or should I ignore their response and claim to not have received a response from LVNV LLC. where I sent my inquiry?

Resurgent does collect on behalf of LVNV (also a CA).

LVNV does PFD (pay for delete), even through Resurgent. So this is an excellent opportunity to not only handle this debt, but also have it removed from your CRs. You will probably have to go through Resurgent since they were assigned to collect on the debt.

Legit.

Good luck!

Re: Collection games or legit?

Anonymous — Tue, 23 Feb 2021 02:20:32 GMT

Really? Awesome, thank you for that PFD knowledge!

Re: Collection games or legit?

bass_playr — Tue, 23 Feb 2021 14:59:25 GMT

This is actually them playing games with you, I would not offer them any settlement just yet.

LVNV and Resurgent are owned by the same people. The Sherman group owns several of these companies. It's one of their stalling tactics, when you DV one, they simply send it to another of their companies. Eventually, most people get sick and tired of the nonsense and stop asking them to validate anything. It cost them next to nothing to swap it around like this. Here's an example of a lawsuit showing several of the various companies under the Sherman "umbrella"....check out the list, it's rather long:

https://law.justia.com/cases/federal/district-courts/new-jersey/njdce/1:2018cv15689/387021/42/

This person filed against eleven companies, all under Sherman, and all related to debt collection.

Keep this in mind, you send your request to the company that is on your credit report. That company "hires" Resurgent to collect on its behalf. Some states have ruled in their courts that reporting on a consumer's credit reports is debt collection activity. LVNV tries to get around the FDCPA requirements by claiming it is only a debt buyer, that it does not collect debt itself, but instead it hires other debt collectors to do the actual collecting. Problem there is, and this is just my opinion, hiring a debt collector in itself is debt collection effort. This has been called things like the "LVNV shell game" and they have done it for a long time now.

Oh, one more thing, Credit One Bank is also a subsidiary of Sherman.

Did the response you got from Resurgent answer the verification question?

Re: Collection games or legit?

Anonymous — Tue, 23 Feb 2021 21:06:06 GMT

Thanks for that response. It was in my mind that it was a "shell game" of sorts because in Resurgents response it basically said I had 30 days to challenge the debt and told me what information I am entitled to request. This seemed strange to me because I requested that information already in my initial mailing to LVNV. So after reading your response I do believe it is a game being played. What's the best course of action? Request that info from Resurgents now or report to the credit bureaus I didn't receive a response back from LVNV when 30 days comes who is on my credit report?

Re: Collection games or legit?

vntrsc — Tue, 23 Feb 2021 21:09:00 GMT

Unless your validation request to LVNV was in response to an initial communication containing the 30 day notice, LVNV was not required to validate the debt. Your right to validation is triggered when receiving and initial communication containing the 30-day validation notice. That is what you just received from Resurgent.

Re: Collection games or legit?

collics — Tue, 23 Feb 2021 21:26:41 GMT

@vntrsc wrote:
Unless your validation request to LVNV was in response to an initial communication containing the 30 day notice, LVNV was not required to validate the debt. Your right to validation is triggered when receiving and initial communication containing the 30-day validation notice. That is what you just received from Resurgent.

Hi, I'm just reading threads tryna soak up info.

But can you explain how LVNV doesn't have to validate the debt if they claim they own it?

And maybe OP left it out, but it doesn't look like Resurr actually validated the debt either.

Re: Collection games or legit?

simplegirl — Tue, 23 Feb 2021 21:57:47 GMT

@collics wrote:
@vntrsc wrote:
Unless your validation request to LVNV was in response to an initial communication containing the 30 day notice, LVNV was not required to validate the debt. Your right to validation is triggered when receiving and initial communication containing the 30-day validation notice. That is what you just received from Resurgent.
Hi, I'm just reading threads tryna soak up info.

But can you explain how LVNV doesn't have to validate the debt if they claim they own it?
And maybe OP left it out, but it doesn't look like Resurr actually validated the debt either.

Resurgent does not have to validate the debt until the OP response to there initial communication with a debt validation request. The first request was sent to LVNV and now that the OP has received communication from Resurgent they can ask them for debt validation.

Re: Collection games or legit?

thornback — Tue, 23 Feb 2021 22:17:25 GMT

@collics wrote:
@vntrsc wrote:
Unless your validation request to LVNV was in response to an initial communication containing the 30 day notice, LVNV was not required to validate the debt. Your right to validation is triggered when receiving and initial communication containing the 30-day validation notice. That is what you just received from Resurgent.
Hi, I'm just reading threads tryna soak up info.

But can you explain how LVNV doesn't have to validate the debt if they claim they own it?
And maybe OP left it out, but it doesn't look like Resurr actually validated the debt either.

Unless sent within 30 days of receiving initial notice, a debt validation (DV) request imposes no restrictions upon the debt collector, and can simply be ignored.

Even if sent within 30 days, a DV does not impose any requirement to respond or to remove any posted collection.

A timely DV simply puts into place a cease collection activity bar on the debt collector, which then remains in effect until the debt collector decides to send validation, if ever. It does not require the deletion of any collection that has been reported - they'll just stop contacting you.

We dont know if OP sent a timely DV to LVNV, but now that they have Resurgent has made contact with their initial dunning notice as the entity authorized to collect. OP could now send a timely DV request to Resurgent.

All that said tho - @Anonymous is correct that, unless OP is disputing validity of the debt, they could simply pay it, have the tradeline removed, and be done.