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Report: #181632

Complaint Review: Resurgent Capital - Sherman Aquisitions - First Performance - Lvnv Funding - Greensville South Carolina

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  • Reported By: pahrump Nevada
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  • Resurgent Capital - Sherman Aquisitions - First Performance - Lvnv Funding P.O. Box 10497 Greensville, South Carolina U.S.A.

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Pardon my typos my spelling sucks!! 1st Question, can a agency sell an account (junk debt)after it has been disputed, and removed from your credit report? In the late part of 2004, I recieved a collection call from a company OSI/Outsource Solutions Inc., on a credit card I had never had. I requested it be validated in writing and disputed the account in writting, ordered my Equifax and disputed it there a s well. It was removed, now a few months ago another company called on the same bogus card in June of 1995. I told them the item was disputed and removed and to leave me alone. Well they just wouldn't quit! Telling me they had the debt now and I had to pay them or send them letters too dispute it, they of course wanted all my info as well and I refused to give it to them, I refused to write a dispute letter as I had already done this with the previous owner and the suposed credit card company (Providian). I told them it was removed from my credit reports they could call all, they wanted as it was their phone bill.

In January of this year I ordered new reports, and yep you guessed it, they are back!! Listing the original card (providian), then another listing from Lvnv Funding. I disputed with all three credit companies the listings again, recieved letters they were removed. Thinking it should end now surley. NOPE, I get another call, I inform the caller the items have again been removed from my reports and they better leave me the hell alone, I'm a bit pissed off now! I'm informed they will put them right back on my credit reports, in a few weeks and I will have to deal with this company sooner or later!! OK now I am really pissed, I call the credit bureas and they tell me, the companies can indeed just repost the items, with no proof. I say how can this be, you removed them due to lack of evidence correct? Yep, but they can still repost. WTF is that? I spend hours ordering the reports, more disputing the incorect info, so these blood suckers can replace it with a push of the button!!

So I call, the jerks back (LLNV Funding), to get their stupid address oh yea, they are actually collecting for Resurgent Capital, and it may take a while for the paper work to get passed around, I said like hell give me their address and I have sent, return receipt their own personal dispute letter (with a few choice words of my own!!). What is there to stop them from selling this again, or the night mare?? Yes I have copies for my records. The posts they put on my credit reports have in fact changed the original dates, (Re-dated) to appear like a new items. Even if this had been mine the longest it could appear on my report is 05/2006, they say they can report until 2012? And they put back the Providian original file so it looks like two accounts??

When I ordered the reports in January, I ordered a set for my boyfriend, as well. His credit looks good, with just a few minor stuff on medical, we missed, and are paying. Then on February 28, he recieves a letter from a RJM Acquisition Funding LLC on a credit card debt aquired from Associates National who got it from, oh they cant tell us the original creditor it came from. The card was suposedly opened in June 1996? They show a partial ss# and want $2,129.44 of the original $3549.? Oh by the way he never had a card either, when I mentioned this was never his card, nor did not appear on his credit reports, they informed me don't worry it will soon. We sent them a letter too.

Can they be getting red flags when we order our credit reports, to know who cares about their reports. Then create these bogus, accounts and then jump in for the kill?

I'm just really frustrated we want to buy a home and have worked so hard to pay our debts, and this s**t is bogus! We have over $20,000.00 in medical not in collections we currently pay $485.00 a month to keep the medical bills out of collections. Thats more than our rent!! I'm told even if I just pay the debt, it wont go away? It will in fact redate and it will stay negative even if paid until 2012?

Marie
Pahrump, Nevada
U.S.A.

This report was posted on Ripoff Report on 03/16/2006 05:51 PM and is a permanent record located here: https://www.ripoffreport.com/reports/resurgent-capital-sherman-aquisitions-first-performance-lvnv-funding/greensville-south-carolina-29603/resurgent-capital-sherman-aquisitions-first-performance-lvnv-funding-and-its-affi-181632. 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. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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#12 Consumer Suggestion

The LVNV Funding - Resurgent Capital Shell Game

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

POSTED: Sunday, September 23, 2007

Lvnv funding and Resurgent Capital seem to do only the bare minimum to barely comply with proper guidelines. This is very iffy however. It may be just a matter of time before the federal governing agencies, as busy as they are, come down strongly upon the owners and designated managers of these entities. Their practices & shennanigans may well land them in very hot water.

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#11 Consumer Suggestion

The LVNV Funding - Resurgent Capital Shell Game

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

POSTED: Sunday, September 23, 2007

Lvnv funding and Resurgent Capital seem to do only the bare minimum to barely comply with proper guidelines. This is very iffy however. It may be just a matter of time before the federal governing agencies, as busy as they are, come down strongly upon the owners and designated managers of these entities. Their practices & shennanigans may well land them in very hot water.

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#10 Consumer Suggestion

The LVNV Funding - Resurgent Capital Shell Game

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

POSTED: Sunday, September 23, 2007

Lvnv funding and Resurgent Capital seem to do only the bare minimum to barely comply with proper guidelines. This is very iffy however. It may be just a matter of time before the federal governing agencies, as busy as they are, come down strongly upon the owners and designated managers of these entities. Their practices & shennanigans may well land them in very hot water.

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#9 Consumer Suggestion

The LVNV Funding - Resurgent Capital Shell Game

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

POSTED: Sunday, September 23, 2007

Lvnv funding and Resurgent Capital seem to do only the bare minimum to barely comply with proper guidelines. This is very iffy however. It may be just a matter of time before the federal governing agencies, as busy as they are, come down strongly upon the owners and designated managers of these entities. Their practices & shennanigans may well land them in very hot water.

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#8 Consumer Suggestion

Talking gets you no where with collection agencies.

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

POSTED: Thursday, September 06, 2007

I don't think you need a lawyer yet. You should be able to resolve these matters yourself without having to pay anyone a dime.

Things to do:

FIRST - Read the Fair Debt Collection Practices Act at ftc.gov/os/statutes/fdcpa/fdcpact.htm.

SECOND - send a certified letter, return receipt requested, to the DEBT COLLECTOR to dispute the debt and request written validation of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation or judgment, or name and address of the original creditor. Also, include a statement stating that you do not wish to be contacted again until you receive all the written debt validation information you have requested. In your case you want to clearly state that this is NOT YOUR DEBT and you should specifically ask for the following documentation:

What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account;
Show me that you are licensed to collect in my state;
Provide me with your license numbers and Registered Agent.

THIRD - Once you received the written validation information requested, contact the CREDITOR (who owns the debt) via certified mail to resolve the matter.

It is important that communication between you and this debt collector be in WRITING! So, I wouldn't not talk to them, EXCEPT to obtain an address for sending a certified, return receipt requested letter to dispute and demand validation of this alleged debt.

Once you know who the creditors are you can send certified, return receipt requested letters to them demanding that false debts be removed from the credit reports per the FCRA. You can do the same to have credit report listing corrected as well. The first thing to do is demand validation, then deal with the creditors and the credit bureaus.

Don't dispair! These things can be cleared up. It takes a little time and effort but it will get fixed. Also, stay away from any of those "fix my credit" companies - they only thing they do is take a lot of money from you (that you could use to pay down existing debt) for doing things that you can do yourself.

Good luck.

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#7 Consumer Suggestion

Talking gets you no where with collection agencies.

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

POSTED: Thursday, September 06, 2007

I don't think you need a lawyer yet. You should be able to resolve these matters yourself without having to pay anyone a dime.

Things to do:

FIRST - Read the Fair Debt Collection Practices Act at ftc.gov/os/statutes/fdcpa/fdcpact.htm.

SECOND - send a certified letter, return receipt requested, to the DEBT COLLECTOR to dispute the debt and request written validation of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation or judgment, or name and address of the original creditor. Also, include a statement stating that you do not wish to be contacted again until you receive all the written debt validation information you have requested. In your case you want to clearly state that this is NOT YOUR DEBT and you should specifically ask for the following documentation:

What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account;
Show me that you are licensed to collect in my state;
Provide me with your license numbers and Registered Agent.

THIRD - Once you received the written validation information requested, contact the CREDITOR (who owns the debt) via certified mail to resolve the matter.

It is important that communication between you and this debt collector be in WRITING! So, I wouldn't not talk to them, EXCEPT to obtain an address for sending a certified, return receipt requested letter to dispute and demand validation of this alleged debt.

Once you know who the creditors are you can send certified, return receipt requested letters to them demanding that false debts be removed from the credit reports per the FCRA. You can do the same to have credit report listing corrected as well. The first thing to do is demand validation, then deal with the creditors and the credit bureaus.

Don't dispair! These things can be cleared up. It takes a little time and effort but it will get fixed. Also, stay away from any of those "fix my credit" companies - they only thing they do is take a lot of money from you (that you could use to pay down existing debt) for doing things that you can do yourself.

Good luck.

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#6 Consumer Suggestion

Talking gets you no where with collection agencies.

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

POSTED: Thursday, September 06, 2007

I don't think you need a lawyer yet. You should be able to resolve these matters yourself without having to pay anyone a dime.

Things to do:

FIRST - Read the Fair Debt Collection Practices Act at ftc.gov/os/statutes/fdcpa/fdcpact.htm.

SECOND - send a certified letter, return receipt requested, to the DEBT COLLECTOR to dispute the debt and request written validation of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation or judgment, or name and address of the original creditor. Also, include a statement stating that you do not wish to be contacted again until you receive all the written debt validation information you have requested. In your case you want to clearly state that this is NOT YOUR DEBT and you should specifically ask for the following documentation:

What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account;
Show me that you are licensed to collect in my state;
Provide me with your license numbers and Registered Agent.

THIRD - Once you received the written validation information requested, contact the CREDITOR (who owns the debt) via certified mail to resolve the matter.

It is important that communication between you and this debt collector be in WRITING! So, I wouldn't not talk to them, EXCEPT to obtain an address for sending a certified, return receipt requested letter to dispute and demand validation of this alleged debt.

Once you know who the creditors are you can send certified, return receipt requested letters to them demanding that false debts be removed from the credit reports per the FCRA. You can do the same to have credit report listing corrected as well. The first thing to do is demand validation, then deal with the creditors and the credit bureaus.

Don't dispair! These things can be cleared up. It takes a little time and effort but it will get fixed. Also, stay away from any of those "fix my credit" companies - they only thing they do is take a lot of money from you (that you could use to pay down existing debt) for doing things that you can do yourself.

Good luck.

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#5 Consumer Suggestion

FCRA Excerpt

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

POSTED: Thursday, September 06, 2007

Page 48 of the Fair Credit Reporting Act applies to your situation. Having the actual act back up your situation may help. I agree also that an attorney is probably necessary at this point. Good luck.

http://www.ftc.gov/os/statutes/031224fcra.pdf


Requirements Relating to Reinsertion of Previously Deleted Material
(i) Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the
information is complete and accurate.
(ii) Notice to consumer. If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, theconsumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if
authorized by the consumer for that purpose, by any other means available to the agency.
(iii) Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion
(I) a statement that the disputed information has been reinserted;
(II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably
available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and
(III) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the disputed information.

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#4 Consumer Suggestion

NCO is now One Equity Partners

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

POSTED: Sunday, December 10, 2006

NCO has changed their name to get the heat off of them by the FTC. They arranged a "sale" to Michael J. Barrist, who was their former CEO.

Most junk debt buyers will not sue over these debts as they know that most of them are legally uncollectable, and/or cannot be properly validated. Therefore, hiring a lawyer do defend against anything other than an actual lawsuit is a waste of money.

NEVER speak to ANY debt collector on the phone. Always demand everything in writing. And, you only communicate via certified mail, return reciept requested. Be sure yo put the certified# on the letter itself, and keep a copy for your records. this proves WHAT you sent. Very Important.

Be sure to file multiple complaints with the FTC.gov site.

Upon first contact by a debt collector, always send a DEBT VALIDATION request. In this letter clearly deny the debt, and DEMAND to see whatever you allegedly signed to create this debt with THEM [the original creditor is out of the picture except for determining SOL] as well as a complete account history and itemization of charges.

Here is the contact info:
Agency Details:

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

Aka/Receivables Management Solutions?

260 E. Wentworth Ave,

West St. Paul, MN, 55118.

PH: 651-457-1130 & 800.299.8302.

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

Websites:

http://www.lvnvfunding.com/

http://www.rcap.com/

http://www.resurgent.com/

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#3 Consumer Suggestion

file complaints with either your state attorney or South Carolina attorney General

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

POSTED: Saturday, December 09, 2006

I would forget debt validation. document and provide South Carolina Attorney General detail information concerning everything you put in your ripoff report. Point out how they are reaging the debt. You have the credit bureau reports. I wish I had reports from every year.

Then hit them with detailed report and file a report with FTC. I have a feeling that LVNV dreads the FTC.

If enough people complain to the Federal Trade Commission. They will file suit against them. They will probably change their name.

I would file complaints against them. They tend to back down from what I read on the internet.

The FTC will go after cockroach feeders reaging debt. Especially when they have hundreds of complaints.

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#2 Consumer Suggestion

Proper Response

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

POSTED: Thursday, March 23, 2006

Marie:

LVNV is a junk-debt buyer. They purchase debts that been defaulted for pennies on the dollar, then try to collect on them through a multitude of collection companies (Resurgent is one of them). All of these companies are owned by the same company - Sherman Acquisitions.

They regularly break the law in order to collect money from gullible consumers. Just from what you have described, they have multiple violations of the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and most assuredly your own state's consumer protection act.

YOU NEED TO GET YOURSELF TO A CONSUMER PROTECTION ATTORNEY RIGHT NOW. You are entitled to recover statutory damages as well as actual financial damages and punititve damages (if their behavior is bad enough).

Your attorney will tell you to stay off of the telephone and make all future demands in writing via certified mail.

More consumers need to stop taking this garbage from companies like this and start aggresively attacking their criminal and fraudulent behavior. The more that do, the better the caselaw to defend ourselves will be. Once these jerks realize that the public will make them pay for their behavior, the less likely they will be to break the law.

Good luck! Hope to see you on the Federal Court Dockets real soon!!

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

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#1 Consumer Suggestion

LVNV is a complete rip off

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

POSTED: Monday, March 20, 2006

This firm purchases debt which is very often out of the statute of limitations.

They are very frequent violators of the law, such as the FDCPA. Send them a certified letter, return reciept, demanding that they show that you have some contractual obligation to pay them.

Do everything by mail only. because they will lie, cheat etc.

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