I am new to the board and need some advice. I had a Capital One account that has gone into collections and is being passed around to different third party collectors. I wouldlike to try and negotiate, but i'm not sure if I should go back to captial 1?
The fact of having been passed through so many hands is not what is important. What is important is whether or not you have demanded validation of any of them and if not why not and what happened if you did.
I have asked for a validation from the third party. They have told me to back and ask Resurgent Capital Services, who own the debt. Is that the same as Capital One?
If you think the present collection organization has the privileges to gather, and then discuss with them.
No, they are not the same as Cap1. Resurgent is just another debt collector. The law says the debt collector must go to the original creditor to get the information demanded and send it to the consumer. Now then what did the debt collector do that gives you a cause of action to sue them in federal court? S/he gave you false and misleading information. S/he also set the company up for a probable second, third or more causes of action for illegal continued collection activity. Every time they call from that point on or send demand letters they violate again because any further collection activity is prohibited until they comply with your demand for validation.
Thanks for all your help. It's starting to make more sense now. There is some bank that I never even talked to - Sherman Bank currently adding fees. I think they are connected to Resurgent Capital. Can that be disputed? What do I legally owe? Is there a cutoff date?
There is no Sherman bank in the list of more than 1300 accredited banks located in the U.S. I suppose there might be a little state bank somewhere that wouldn't be in the list but I have a deep hunch that Sherman bank is actually Sherman Acquisitions which is a large national collection agency and not a bank at all. It is also my belief that Resurgent is a sub division of Sherman Acquisitions and therefore just another debt collector.
