Lawrence
Palm Harbor,#2Author of original report
Sun, October 14, 2007
Well, I finally received a response to my Cease Communications letter that included a request for validation of the ORIGINAL creditor. Interestingly enough I got two responses! The first stated the account had been closed...then, a week later I get another letter. This one claims the account was transferred to LVNV and included an alledged validation letter. The validation letter was a sheet of plain white paper with a single sentence claiming I owed Resurgent $204. No original creditor name, no original creditor address. This violates 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. I am forwarding everything I have on this to the State Attorney General and the FTC.
J
Lakewood,#3Consumer Suggestion
Tue, April 17, 2007
You as a second party collector, can be held liable for the action of the first party and it works the other way around. IF this collection company is stateing there collecting for the original creditor, then request a copy of that contract,.It a violation of the law to tell a debtor, when they are not collecting for the original creditor. this debt was sold to a JDB, who sends out work to one of the sister agency to collect on. and as time goes buy, these collectios pay less then pennies on the dollar, and those affidavit of ownership and claim are suspect at best. you have a master, right all that school to work in collections, glad your not my child and all money being wasted on school
J
Lakewood,#4Consumer Suggestion
Tue, April 17, 2007
You as a second party collector, can be held liable for the action of the first party and it works the other way around. IF this collection company is stateing there collecting for the original creditor, then request a copy of that contract,.It a violation of the law to tell a debtor, when they are not collecting for the original creditor. this debt was sold to a JDB, who sends out work to one of the sister agency to collect on. and as time goes buy, these collectios pay less then pennies on the dollar, and those affidavit of ownership and claim are suspect at best. you have a master, right all that school to work in collections, glad your not my child and all money being wasted on school
J
Lakewood,#5Consumer Suggestion
Tue, April 17, 2007
You as a second party collector, can be held liable for the action of the first party and it works the other way around. IF this collection company is stateing there collecting for the original creditor, then request a copy of that contract,.It a violation of the law to tell a debtor, when they are not collecting for the original creditor. this debt was sold to a JDB, who sends out work to one of the sister agency to collect on. and as time goes buy, these collectios pay less then pennies on the dollar, and those affidavit of ownership and claim are suspect at best. you have a master, right all that school to work in collections, glad your not my child and all money being wasted on school
J
Lakewood,#6Consumer Suggestion
Tue, April 17, 2007
You as a second party collector, can be held liable for the action of the first party and it works the other way around. IF this collection company is stateing there collecting for the original creditor, then request a copy of that contract,.It a violation of the law to tell a debtor, when they are not collecting for the original creditor. this debt was sold to a JDB, who sends out work to one of the sister agency to collect on. and as time goes buy, these collectios pay less then pennies on the dollar, and those affidavit of ownership and claim are suspect at best. you have a master, right all that school to work in collections, glad your not my child and all money being wasted on school
L
Buffalo,#7UPDATE Employee
Sat, April 14, 2007
I have not blasted anyone on here- I have given them information that they may not be aware of in terms of how things are done, why things are done, mistakes that can occure and so forth in a collection process- You stated "whoever you are or wil be posting as next" sir, my name is SaraLynn- You stated: "Finally admitted" I told the gentleman right up front that that may be a possibility- I didnt avoid telling him thru multiple posts, i responded that may be a chance in the first posting. I have never told any one to pay their bills- I gave them basic information about them- everyone i have responded to on here i have stated basic information about what to do, or what to send or why somethinng is as it is- not once have i told someone to pay their bills. if you gave Mr. X a folder, and you being the debt purchaser- wrote the wrong information in the folder, like a 9 instead of a 7- Who is at fault? Mr. X? or the person who wrote the wrong information and even validated the wrong information? Everything Mr. X has is suppose to be true- Accounts do get sold quickly or if not sold, they leave 3rd parties constantly and quickly to go into another agencies or whatever it is they do next with them- they come in to the office and can close in the same day even- Have a nice day. -SaraLynn
John
Califon,#8Consumer Comment
Sat, April 14, 2007
You basically blasted others in other threads on here-whoever you are or will be posting as next-and you're crying about respect? Please.. You BEGRUDGINGLY finally admitted to this person that your great company may have the wrong person. Odds are they do and not that he actually owes the money. You certainly didn't give any of the others on here the benefit of that doubt but told them to pay their bills. You people phish just like the rest. And the accounts don't get sold that fast unless there is NOTHING to substantiate the claims when asked for proper validation-to which they are allowed by law.
L
Buffalo,#9UPDATE Employee
Sat, April 14, 2007
Sir- Do not question my integrity. I am a well educated, 2 bachelors and a Masters degree employee there. I did not insult you once in response to your insult against the company that pays my bills. I have been there for several years- Accounts change hands as quickly as you change your bed sheets. However they have not broken nor have they been negligent to the laws/procedures. I advised you with why it occured, and how it IS NOT CAPITAL MANAGEMENTS FAULT. THEY DIDNT PURCHASE THE DEBT. YOUR COMPLAINT IS NOT WITH THEM. but with the purchase company. so please, do not insult me or my company because you do not understand how the process works. Have a good day sir. I spent the time to explain to you in a respectable manner why your situation occured. Thanks for the respect back sir. Have a great day sir.
L
Buffalo,#10UPDATE Employee
Sat, April 14, 2007
Sir- Do not question my integrity. I am a well educated, 2 bachelors and a Masters degree employee there. I did not insult you once in response to your insult against the company that pays my bills. I have been there for several years- Accounts change hands as quickly as you change your bed sheets. However they have not broken nor have they been negligent to the laws/procedures. I advised you with why it occured, and how it IS NOT CAPITAL MANAGEMENTS FAULT. THEY DIDNT PURCHASE THE DEBT. YOUR COMPLAINT IS NOT WITH THEM. but with the purchase company. so please, do not insult me or my company because you do not understand how the process works. Have a good day sir. I spent the time to explain to you in a respectable manner why your situation occured. Thanks for the respect back sir. Have a great day sir.
L
Buffalo,#11UPDATE Employee
Sat, April 14, 2007
Sir- Do not question my integrity. I am a well educated, 2 bachelors and a Masters degree employee there. I did not insult you once in response to your insult against the company that pays my bills. I have been there for several years- Accounts change hands as quickly as you change your bed sheets. However they have not broken nor have they been negligent to the laws/procedures. I advised you with why it occured, and how it IS NOT CAPITAL MANAGEMENTS FAULT. THEY DIDNT PURCHASE THE DEBT. YOUR COMPLAINT IS NOT WITH THEM. but with the purchase company. so please, do not insult me or my company because you do not understand how the process works. Have a good day sir. I spent the time to explain to you in a respectable manner why your situation occured. Thanks for the respect back sir. Have a great day sir.
L
Buffalo,#12UPDATE Employee
Sat, April 14, 2007
Sir- Do not question my integrity. I am a well educated, 2 bachelors and a Masters degree employee there. I did not insult you once in response to your insult against the company that pays my bills. I have been there for several years- Accounts change hands as quickly as you change your bed sheets. However they have not broken nor have they been negligent to the laws/procedures. I advised you with why it occured, and how it IS NOT CAPITAL MANAGEMENTS FAULT. THEY DIDNT PURCHASE THE DEBT. YOUR COMPLAINT IS NOT WITH THEM. but with the purchase company. so please, do not insult me or my company because you do not understand how the process works. Have a good day sir. I spent the time to explain to you in a respectable manner why your situation occured. Thanks for the respect back sir. Have a great day sir.
Lawrence
Palm Harbor,#13Author of original report
Wed, April 11, 2007
I got a letter confirming they received my C&D. Conveniently they are no longer handling my account and it has been turned over to/sold/whatever to another collections agency. What a coincidence. All this did was confirm my suspicions that the whole thing is a fishing scam. As for rebuttals from this companyin my opinion they have a value equal to a three dollar bill.
Sara
Buffalo,#14UPDATE Employee
Fri, April 06, 2007
Your 300.00 balance is owned by those companies, (NOT Capital Management, but by the LVNV or the gulf state credit) There is an original creditor that most likely is owed, depending on how I would see it on the screen, it sounds like Gulf State first bought the debt, then LVNV and Capital Management is ONLY CALLING on their behalf. your letter of cease and desist will help you, no more calls and such. If its not on your credit report you are ok. Now there is also the chance THEY MAY HAVE THE WRONG PERSON. Some times common names cross, youve already submitted the C&D so you cant even call to verify if it was even your SS#. Let me know if i can help- I check this every few days.