Looking for help!

Discussion in 'Credit Talk' started by bjm1289, Nov 19, 2006.

  1. bjm1289

    bjm1289 Active Member

    Late last week, I receieved a notice from a debt collector (Resurgence Financial) regarding an old credit card that I defaulted on when I was in college. The card defaulted about 3 or 4 years ago and is still within the SOL. The total amount owed is ~ 5k which is completely inaccurate, about 2k of that is in fees. They sent me a letter that states the following:

    Dear ***** *********:

    Please be advised that Resurgence Financial, LLC is the assignee of Aspire Visa and is attempting to collect its account with you in the amount of $5,194.67.

    1. Amount of Debt: $5,294.67
    2. Name of Creditor: Resurgence Financial, LLC, as Assignee of Aspire Visa
    3. Unless you dispute the validity of the debt or any portion thereof within 30 days, the debt will be assumed to be valid.
    4. If you notify us, in writing, within 30 days, that the debt, or any portion thereof, is disputed, we will obtain verification of the debt.
    5. Upon your writte request within 30 days after the receipt of this notice, we will provide you with the name and address of the original creditor, if different from the original creditor.
    6. This firm is a debt collctor. We are attempting to collect a debt.......

    Truly yours,
    Resurgence Financial.


    Now, obviously I am going to dispute this. I've disputed debts with the CRA before but I would really like to beat this thing. Anyone with some success with a similar experience want to lend me some advice? Anything at this point would help...this has me so worried.

    Thanks in advance for any and all help! =)
     
  2. bjm1289

    bjm1289 Active Member

    Would this work?

    I found this letter on another site:

    To Whom It May Concern:

    This letter is being sent to you in response to a letter received on November 16th, 2006.

    This is NOT a request for â??verificationâ? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

    Please provide me with all of the following:

    1)-What the money you say I owe is for;
    2)-Explain and show me how you calculated what you say I owe;
    3)-Provide me with copies of any papers that show I agreed to pay what you say I owe;
    4)-Provide a verification or copy of any judgment if applicable;
    5)-Identify the original creditor;
    6)-Provide me with documentation showing the date of last activity (when the alleged account became delinquent.)
    7)-Prove the Statute of Limitations has not expired on this account
    8 )-Show me that you are licensed and or bonded to collect in my state
    9)-Provide me with your license numbers and or bond number and Registered Agent

    At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureauâ??s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

    Violation of the Fair Credit Reporting Act
    Violation of the Fair Debt Collection Practices Act
    Defamation of Character
    If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

    Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

    If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

    I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

    It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
     
  3. Pale Rider

    Pale Rider Well-Known Member

    Dear CA,

    This letter is being sent to you in response to a letter received on November 16th, 2006.

    I dispute the amount of this alleged debt.

    It is inconvenient for me to take phone calls at any time, and my employer does not allow personal calls. You have ny correct address, so it is unnecessary for you to contact any family or friends for location purposes.

    Sincerely

    Joe Consumer

    ----------------------------------

    Most of the letter you have in the previous post is unnecessary and worthless. They are not required to answer most of those items outside of discovery. Keep it simple, and make them prove how they came to the amount stated.
     
  4. bjm1289

    bjm1289 Active Member

    Thanks, Pale Rider! I will send out the letter CMRR tomorrow. I will get back to the board once I receive a response because I'm sure they'll just send a general statement or application w/my signature.

    Thanks again for the help!
     

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