The best report I can write is my 8/12/07 letter to Resurgent. Since receiving the letter, they have transferred the collection to Bay Area Credit Services. I have filed complaints with the FTC and the State of Arizona.
August 12, 2007
Eleven Pages Sent Via Fax to 866-467-1977
Resurgent Capital Services, LP
15 S. Main Street
Greenville, SC 29601
Attn: Cyntrenna
RE: Account XXXXXXXXX; Ref: American National Bank XXXXX
On January 23, 2007 I received a call from someone at Resurgent regarding an alleged debt from 1984 in the amount of $878.80. The individual did not know the original creditor, account number or what the alleged debt was for. Nor would they tell me their name or the company that they worked for (Resurgent). In response, I faxed the attached letter dated January 23, 2007.
On or about March 1, 2007, I received the attached response from Resurgent dated February 2, 2007. In spite of having my correct address from my 1/23 correspondence, Resurgent sent the letter to my sons address in Scottsdale, Arizona. The only thing that you have validating that this debt belongs to me is the name John C. Hoffman. You have provided no other evidence none.
On August 4, 2007, you called me again regarding the alleged debt. You told me that the original creditor was American General Bank, Account 31943, and that the account was opened in 1984 and closed in 1991. I told you that I never had any debt with an American General Bank. You threatened me that in order to keep this off of my credit report, I would need to file a police report and a complaint with the Federal Trade Commission (FTC) for identity theft.
Since then, I have:
1.Reviewed all of my tax records and bank statements from 1984 through 1991. There are no records of American General Bank. I keep very thorough records.
2.Reviewed fifteen of my credit reports dated from 1985 through 2007. There is no entry for American General Bank or account number XXXXX on any of those reports. I have made no attempts to hide my identity or location in my entire life.
3.Done both Google and Yahoo searches on American General Bank. From the attached article, it would appear that the American General Bank was not created until June 1999.
4.Spoken to the Maricopa County Sheriff's office. They advised me not to file a report, citing that there is no evidence of identity theft and the fact that I did not reside in Maricopa County in 1984.
5.Spoken to the Pinellas County Florida Sheriff's office (where I resided in 1984). They advised me not to file a report, citing that there is no evidence of identity theft. In addition, they were not sure of the laws that were effect in 1984, or of the statute of limitations.
6.Spoken to the FTC. They advised me not to file a complaint, citing that there is no evidence of identity theft.
Therefore, I must insist that Resurgent stop trying to collect $878.80 from me the debt is not and never was mine. There has been no identity theft. It makes more sense that Resurgent is trying to defraud me out of the money.
Please confirm in writing that you have determined that you have made a mistake and that this debt is not mine, that you will make no further attempts to collect this debt from me, and that you will make no attempt to have this debt entered into my credit report.
Should I not receive this correspondence from you within fifteen days, I will be filing a complaint against Resurgent with the FTC and will retain legal counsel to pursue other remedies.
Sincerely,
John h,
Sun Lakes, Arizona
U.S.A.