• Report: #222932

Complaint Review: Resurgent Capital Service - J C Christensen And Associates

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  • Submitted: Wed, November 29, 2006
  • Updated: Fri, December 23, 2011

  • Reported By:Tybee Island Georgia
Resurgent Capital Service - J C Christensen And Associates
Po Box 519 Sauk Rapids, Minnesota U.S.A.

Resurgent Capital Service - J C Christensen And Associates ripoff reports I owe money to sprint from 1966 Sauk Rapids Minnesota

*Consumer Comment: This is a typical American mob scam

*Consumer Comment: According to FTC rules you may have a case.

*Consumer Suggestion: Kevin, a correction to your statement re SOL

*Consumer Suggestion: Linda, you did the right thing.

*Author of original report: I still have questions and concerns.

*Consumer Suggestion: Unfortunately, you are not alone in getting bogus debt collections

*Consumer Suggestion: Linda, paying them will not keep it off your credit report!

*Consumer Suggestion: Responses from a collector

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I received a collection letter from JC Christensen and Assoc. stating that Resurgent Capital Services forwarded to them a debt I owe Sprint from 1996. They say I owe 110.36 but if I pay now I can reduce the debt to 44.14. I called Sprint...we had a cell phone when we lived in Kansas City but it was in 1999 to 2001. 1996 makes no sense to us or Sprint. They show we ceased service by our request and owe them nothing. We since moved to Georgia and 4 yrs ago purchased a 3 yr sprint plan for 3 phones which we still have. This is the first we have been notified of a past due from this very old account....since sprint says we owe nothing we are at a loss as to why these companies think we should send them money. IRS doesn't even require me to keep records for that length of time...I do not have those billings any longer, nor do I even have that credit card or its statments nor do I have checking account info going back that far.

I have a few questions.
How does this business get off questioning a ten yr old account?
Why in 10 years is this the first I have been notified?
Why is Sprint not getting as concerned as we are about this...they act like...dont worry you owe us nothing. Don't they care that their name is being used for irreputible means??
I would like to persue this...not that I have the time...BUT THIS IS NUTS>>>THIS IS WRONG>>>THIS IS BAD BUSINESS.

If my elderly mother in law received this letter she would have already paid the debt!!!! Which is probably why they continue to have the funds to persue their bad work.

These folks are pond scum...my husband tells me to write to them and then drop it. But....we both agreed we should pay the 10.00 ish dollars to make sure its not on our credit report. We lose....they win....consumer gets screwed!!!

If you all have a suggestion please share. I would like to nail these people, again I have little time, but if everyone says that then it will just continue...so....I feel I should help correct it so it does not continue.

Your for honest business,


Linda
Tybee Island, Georgia
U.S.A.

This report was posted on Ripoff Report on 11/29/2006 05:44 PM and is a permanent record located here: http://www.ripoffreport.com/r/Resurgent-Capital-Service-J-C-Christensen-And-Associates/Sauk-Rapids-Minnesota-56379/Resurgent-Capital-Service-J-C-Christensen-And-Associates-ripoff-reports-I-owe-money-to-s-222932. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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REBUTTALS & REPLIES:
0Author 8Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

This is a typical American mob scam

AUTHOR: hesaidwhat - (United States of America)

It is extremely easy to keep track of an average person's financial records through electronic data acquisition.  The data these collectors have purchased about you lead them to believe you had an account in 1996. They sent a bill, hoping you do not remember the details of your actions with the said debtee, or you are apathetic. This technique is used with hospital records, auto purchases, and credit card debt, etc. It is not a secret, and the money collected pays off bureaucrats and politicians and yet still earn a profit. I have had this tried on me in RI (richest mobsters in America!) so often, I now understand. Keep records, contest everything! They will call too! Keep records.
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#2 Consumer Comment

According to FTC rules you may have a case.

AUTHOR: R3dst0rm2010 - (USA)

I owe J.C. Christensen money and I too may have a case against them.    If found guilty of abuse they can be fined up to 1,000 dollars, plus your court costs, and the attorney fee's.  They crossed the line in my case when they rejected what I consider to be a fair offer, 50 dollars a month.


They probably won't take you to court over this.   But to be on the safe if they do take records for the last ten years and the proof of the payoff if youhave it.   The judge can impose a fine of up to 5,000 dollars when the collection agency loses it's case.


I would love to get together with other people who have been injured by these sharks in a class acction suit.  The maximum they can be fined is half a million dollars. 

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#3 Consumer Suggestion

Kevin, a correction to your statement re SOL

AUTHOR: Steve - (U.S.A.)

Kevin,

Two issues you corrected me on here are wrong.

The first being the reason the debt was uncollectable was because it was not the OP debt, instead of my statement that it was past SOL.

Well, that is wrong, the LEGAL reason it was uncollectable was the obvious SOL expiration, being 4 years in GA on CC debt, AND 6 YEARS MAX ON OTHER DEBTS. Whether it belonged to the OP at this point is irrelevant, and would still need to be determined.

Second, SOL is not usually 7 years, as a matter of fact there is not even 1 state with a 7 year SOL on collections. Most are between 3-6 years, actually. ID,IN,LA,MO,RI,WI have a max of 10 years, while KY & OH ARE 15 YEARS MAX.

Furthermore, it IS actually illegal to collect a debt that you know is not collectable. And, if the debt collection agency and an employee conspire together to do this, it actually could fall under RICO statutes if someone presses it, as it is no different than organized crime extorting "protection" monies or the like. It is called FRAUD, and CAN be prosecuted as such. And, if the US MAIL is used, it can be mail fraud.

Attempting to collect something you are not entitled to is FRAUD. Period.

Here is the contact info for those theives and liars:

LVNV Funding, LLC,
DBA/ Resurgent Capital Services, LP
Dba/ Alegis Group, LLC
Aka/ Sherman Financial Group, LLC
Fka/ Sherman Acquisitions
Aka/Ventus Capital Services
Aka/Performance Recovery Group

Addresses:

Bank of America Building
200 Meeting St., Suite #206
Charleston, SC 29401-3187

15 South Main Street, #600
Greenville, SC 29601

Phone: 888-665-0374-864-678-8421
877-264-5884

Fax: 888-546-7697- 864-370-4998

(Phones ring at Resurgent Capital, Greenville, SC)

Websites:

http://www.lvnvfunding.com
http://www.rcap.com
http://www.resurgent.com

Resurgent Capital are JUNK DEBT BUYERS who paid a penny or less for this type of account, and are entitled to nothing.
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#4 Consumer Suggestion

Linda, you did the right thing.

AUTHOR: Kevin - (U.S.A.)

Linda,

I'm a former collector. I worked for a different company than the one you're dealing with. Nevertheless, here are my two cents about your situation.

1. You did the absolute right thing to check your credit report. Not to make light of the collector's mistake, but it's a good idea to check your credit report every year or so anyway. When I worked as a collector, many a collections attempt turned into a fraud investigation. Thankfully, it was often just mistaken identity. Unfortunately, identity theft is a reality. I'm just sorry you had to be prompted to all this by a lousy collection attempt. Situations like yours are why I left the business.

2. In an earlier posting, Steve from Brandenton suggested that you stay off the phone with these people. He's right. If you want them to leave you alone, just get their address from the agent who calls, or better yet, the company's website (that way you don't have to talk to them), and write them a letter telling them to "cease communication" with you. Asking them to do this over the phone will not do any good. Once you do it in writing, they are legally bound to stop. Some people have had greater success if they copy their letters to their local Attorney General.

Steve was mistaken about one thing though. He said this debt is "legally uncollectable" because it is ten years old. That's not true. In your case, the debt is legally uncollectable from you because it is NOT YOURS. Once the statute of limitations (about 7 years in most states) expires on a debt, the collector may still attempt to collect by phone or mail. They just can't take any punitive action against you, such as further credit reporting, legal action, reposession...etc.

There are two sides to this. In the best case, J.C. Christensen just had a case of mistaken identity and called you instead of someone else with your name. Unfortunately, it's more likely that they are shady, foolish moneygrabbers with no concern for who they call or who pays them. In either case, I'd say as long as your credit report is in good order, you're safe. If you want to pursue them further, notify the Attorney General and Better Business Bureau in your state and wherever J.C. Christensen is based. Also, write your Congresspeople and ask them to reexamine the FDCPA and how collection agencies use it against consumers.

Good Luck,
Kevin
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#5 Author of original report

I still have questions and concerns.

AUTHOR: Linda - (U.S.A.)

How is it legal to sell these "bulk" lists that are nothing but trash for one cent on the dollar, ten, hundred, whatever. is this not a public nusence problem? It's probably not illegal to sell or buy the lists but to use the postal system to communicate this false data? How is this legal?

They use the US postal system if they cannot offer valid proof of the debt they claim you owe. is this not a violation of the postal laws? This is nothing more than unvalidated harrassmant via a public vehicle. Same as abusing and harrasing over the phone lines?

Another question. I recently had to enter the State of Georgia Web Site to assist my employer with a problem. Before I logged out I noticed a connection to "Lost Money". Having lived in Georgia only four years I didn't really feel this might apply to me. However my employer did have a longer history in Georgia.

So, I took the bait. I discovered he had unreceived money from blue cross/ blue shield. I was able to recover these old reimbursement checks for him. My employer, a physician, sees mainly medicare and medicaid and patients and patients who can't afford to pay. (He's a poor physician and a dinasour) but much beloved.) I was happy to help him. BUT..

I then entered "other states unclaimed property" and discovered that my husband and myself had unresolved money reimbursement in all the states we have lived in.

The oldest was an account under my maiden name, in the state I was born and raised in, from John Hancock Insurance. I remember my parents having insurance policies on us kids. they both died without wills many years ago, one of a heart atteck at 56 and the other in a car accident at 56 yrs also.

No surprise that both myself and my brothers might have something from John Hancock we never knew about. With what they require to stake claim after all these years its not likely that most people in this situation can prove the connection to this asset. Same with all the old utility deposits that never were forwarded and show up under our names in four atates and I cannot prove I lived in the dwelling or anything they require to return the money. It's been too long.

This is beside the point somewhat but possibly new food for thought but a whole different topic. but the connection is my husband tells me that because I responded to these "lost money" feelers I opened myself up to internet garbage and trash and that is why I received the letter from the so called sprint past due from 10 years ago.

No I'm not asking you to resolve a spousal debate. My question is, are these "lost money" sites on the state government sites also being used by entities who are trying to find people whom they think owe them money??

I value your opinions.

Linda
Tybee Island, GA
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#6 Consumer Suggestion

Unfortunately, you are not alone in getting bogus debt collections

AUTHOR: Don - (U.S.A.)

It is not uncommon for collections companies to have and require no proof of any debt before they begin collection proceedings on them. Lately though, there have been many consumers who have been getting collection notices or reports on their credit that are completely untrue and unverifiable that many collection companies are unwilling to show any regard for the laws to verify them or to have the credit reporting agencies (AKA bureaus) delete them when not properly validated. Fox channel 6 has a online video report at this site:
that gives some advice for some that I don't think goes far enough but it at least lends some crediility to the fact that you're not the only one getting bugus collections.

Personally I request validation of any collections asking specifically for documented validation from the original creditor itemizing any charges and dates the purchases/charges were made in addition to a copy of the contract bearing my signature that I opend the account and/or authorized the specific charges in question. Don't accept any printout or post-generated notice that the debt is yours unless it is from a valid court as a judgment. No matter what they allege you have the right to make them prove it or else be sued by you for their not following the FCRA and FDCPA implicitly. (look them up if you don't know what they are...in any search engine or on this site's search.

Its a pain to fight them but good hunting to you!
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#7 Consumer Suggestion

Linda, paying them will not keep it off your credit report!

AUTHOR: Steve - (U.S.A.)

Linda,

First, STAY OFF THE PHONE!! Never speak to any collector on the phone! It will never do anything positive for you, and will almost always make things worst.

That debt is past the statute of limitations and is legally UNCOLLECTABLE!! And they know it!

Making a payment will reset the SOL, and if it is on your credit already, it will now just show as a paid collection. Paying it will hurt your credit more!

Resurgent Capital are JUNK DEBT BUYERS. They buy a debt of this age and type for about 1/10th of a penny on the dollar. They could not document that debt anyway, and Sprint is totally out of the picture.

Just send a DEBT VALIDATION REQUEST where you dispute the debt and demand a full account history and itemization of charges. Send this by certified mail, return reciept requested. Put the certified# on the letter itself and keep a copy for your records. Also inform them that all phone conversation will cease and everything will be in writing.

Now, when they violate the FDCPA, YOU get paid!
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#8 Consumer Suggestion

Responses from a collector

AUTHOR: Don - (U.S.A.)

I will answer your questions from a collector point of view. How does this business get off questioning a ten yr old account? It sounds like they just bought the account, probably as part of a large portfolio of accounts. They did probably pay something like 1 cent on the dollar for it, probably from another agency.

Why in 10 years is this the first I have been notified? That, I can't answer, and neither can Resurgent Capital Service, as they do not know what happened with the account previously. Why is Sprint not getting as concerned as we are about this...they act like...dont worry you owe us nothing. Don't they care that their name is being used for irreputible means?? As for Sprint, they charged off this account long ago, took the tax deduction, as well as pocketing the money they sold the account for.

Sprint has probably been out of the picture for about 9 years. They can not comment on any account now, if they sold it years ago.
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