Mercantile Adjustment Bureau - Resurgent Capital Services - OOSS ripoff fraudulent debt collection attempt Letter accuses false debt Resurgent Capital Services claims false debt Rochester New York

I am an ex-employee of Resurgent Capital Services and have some familiarity with their practices and internal structure.

They, of course, consider their business practices and ethics to be exceptionally high, and dare I say Christian. In truth, many of the individuals who work for the organization are good, honest, people. However, all of the previous comments about junk debt collectors are valid and applicable to Resurgent.

They buy huge quantities of distressed debt of all types and their collections arm tries to collect using whatever means they can think of. They have sold off most of their direct collections business and currently only have a small in-house collections dept in Greenville, SC.

Their IT division is located in Mason, Ohio- a suburb of Cincinnati. They farm most of their collection work out to enumerable collection agencies and move accounts between these agencies on a regular basis, depending upon which agency is currently collecting a specific type of debt most effectively at that point in time.

Resurgent has been the defendant in many class action lawsuits for using illegal collection practices and are usually under investigation by one state or another for operating within the gray-area of collection practices.

Their greatest weakness arises from the amount of data they receive and attempt to process on a daily basis. The main task of this processing is trying to match this onslaught of new information with someone whose debt they own. They use a proprietary scoring system based upon how closely a newly acquired piece of information matches a potential debtor currently in their database, e.g. how many fields match: LastName, SSN, etc. This is necessary because much of the account information associated with the debt they buy is old and out of date, thus, they are constantly trolling every resource available looking for current information on these debtors. This is where they incorrectly target the wrong person as the owner of a debt that they have purchased.

So, in many instances, these mistakes occur within the automated and intricate data processing that occurs 24/7 and, depending upon your definition, occur in good faith- however, and this is important, they, probably like all distressed debt collection businesses, have no problem beating what they can out of anybody they can. Thus, the fact that you are, or claim, not to be the correct person, often does not deter them from harassing, lying, or otherwise beating what money they can out of you.

Unfortunately, because many of their targets are lower income and almost always unknowledgable in fair collection practice, these techniques are often quite successful.

What others have said about being able to sue when they cross the line is very true and Resurgent has paid out some very large sums in such cases and thus, tend to be quite fearful of legal action. There are also many lawyers who specialize in this particular type of class action suit and are both well known by Resurgent and intimately knowledgeable with their operation. These attorneys are constantly looking for people that have been illegally targeted by Resurgent, and probably others, so, if you feel you have been illegally harassed, it would be worthwhile to search for such an attorney and see what they have to say.

Alli,

That is some of the worst information and advice that I have read in a long time.

J is correct. And Resurgant and affiliates are a bunch of lowlife punks who engage in illegal collections tactics and blatant FDCPA violations on a daily basis.

The OP identified a collection that is on an OOS debt, which means it is legally uncollectable. The "original" creditor they referenced is just another junk debt buyer! They have no idea who the actual original creditor was and it is very unlikely they have any documentation on the original debt.

It is NEVER a good idea to speak to any collector on the phone for any reason. This is where you gat tricked into paying on, and reaffirming an otherwise uncollectable debt.

If you paid these punks anything, that alone proves you know nothing and should stop giving advice.

Good job, J.

It sound like your the poster child for this company.

Your post is to pro-collections, to be anything but.

Lets rethink your reply for a minute. I never heard of a collection agency that will allow anyone they contact about a debt, show up at their office to pay. Their to afraid

Before anyone pays any debt to a collection agency, they should validate the debt first. There are to many agencies out there that sent notices to the wrong people and will lie about a debt, especialy dates of last activity and sol, and create documents to file with the court.

Why should the poster rethink about a law suit or contacting a lawyer? If he is one of the luckly one in this country that can afford to obtain a lawyer to deal with a collection agency then that's his choice.

I live in rochester, NY, I have seen the offices, and I have paid bills there. They are not rip off artists. Resurgent Capital Services L.P. (Resurgent) is a manager and servicer of domestic and international consumer debt portfolios for credit grantors and debt buyers. Resurgent has offices in Greenville, SC; Cincinnati, OH; and Sioux Falls, SD.
Also, Mercantile operates major call centers in Rochester and Buffalo, NY, with the Rochester office serving as Corporate Headquarters. They belong to and actively participate in numerous Professional Associations , including "ACA International" [formerly American Collectors Association], the largest trade association for third-party debt collection agencies.

I suggest you rethink your lawsuit cause you might end up in some severe debt, much more than you are already. If you don't know why these collection agencies are after you, call the RCS at Phone #: 888.665.0374 and ask them what the debt is about, make sure you have an account number, and they might be able to tell you what the collection is for.

I found all this information on their website, by just googling it. I didn't even have to look hard. I have delt with the M.A.B. before. They collect for MCI, Frontier Tel., Highland Hospital and Eastman Dental Group, just to name a few.

Good luck.

J,

You are correct. That employer would be in violation of privacy act laws if they released a SS# to a debt collector without specific written consent of the employee. This goes for ANY information in your file.

If the debt collector was indeed collecting on a legitimate debt, they would already have the SS#!

These are simply junk debt buyers who purchased this old debt with little or no documentation. Now they are fishing to gather what they need to pull some other underhanded trick on you.

Hello All,

A collector may attempt to collect information regarding a debtor (or alleged debtor). Section 804 of the FDCPA states:

"Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

(4) not communicate by post card;

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector."

If your employer gives out your personal info, make sure you take it up with your employer. The collector (as terrible as this is) has every right to ask...but just once. Make sure your employer knows that they have no permission to release your information unless instructed to do so by you or a court order.

As for asking for social security numbers...I think it's a lose-lose situation. The collectors can't verify they are talking to the right person without it. On the other hand, I would prefer to error on the side of consumer rights. If the collector doesn't have the social security number from the original account, then they have no business getting it elsewhere.

Peace,
Kevin
Former Collector (not MAB)

If you ever requested any info under the FOIA (freedom of information act), under title 5 usc or had a reason to get the personnel file of an employee, you would notice that, the ssn# and home address are blacked out.
your place of employment should NEVER give out your ssn# and home address without a release from you or a court order, doing so can and will open the company to a whole lot of legal trouble

think about it, anyone with a fax # and printer can produce these letters to obtain this very personal information for malice or harm to the person

Law enforcement agency's and many state and federal agency's for years, have told people to protect the ssn# and to use caution when using it
and for your employer, to just give it out. wow this really blows my mind

If a company needs to check your employment for many reasons, the forms that are mailed or faxed to them will already have your ssn# and your pay listed, all your employer needs is verify, not add anything to it, these forms should come with a general wavier already sign by you

David,

Hiring an attorney at this time is a waste of money for a few reasons. The first being that most attorneys are incompetent when it comes to debt collections issues. Rarely does a consumer get the best advice available, and under the ethical requirements they have to work within, they cannot advise you how to really deal with these punks.

Based on your title of the original post, I can determine that the debt in question is past the statute of limitations for legal collections actions. That's what the OOS means at the end. They know it is legally uncollectable, and they know they cannot sue you and win. The game they are playing is to harass you into making a small payment or agreement to pay, which would reset the SOL and make it legally collectable.

As far as the 30 day thing they put on the collection notice, that means absolutely nothing. If you fail to respond at all, your rights under the law would not be affected in the least.

All you need to do is send the DEBT VALIDATION request as per your rights under the FDCPA. In this letter clearly dispute the debt. DEMAND to see the original contract with your signature on it along with a FULL account history AND itemization of ALL charges. Then DEMAND proof that they are legally entitled to collect the debt, and if they own it a copy of the sale contract and chain of title, as well as proof of amount paid.

Send this letter by certified mail, return reciept requested. be sure to put the certified # on the letter itself and keep a copy for your records. This is very important as it proves what you sent.

Now, until they provide all of the requested information, they cannot go further with collections. If they do then file a lawsuit you can get it tossed without ever going to court as frivolous. And you can countersue for your damages.

And, it is illegal for them to attempt to collect anything other than the principal amount that was charged off along with ALLOWABLE interest provided for under the law.

If they put it on your credit report, you can sue them for that too.

Don't get mad, get paid!

These are junk debt buyers who paid pennies or less on the dollar for this "debt" that comes with little or no documentation.

David,

Hiring an attorney at this time is a waste of money for a few reasons. The first being that most attorneys are incompetent when it comes to debt collections issues. Rarely does a consumer get the best advice available, and under the ethical requirements they have to work within, they cannot advise you how to really deal with these punks.

Based on your title of the original post, I can determine that the debt in question is past the statute of limitations for legal collections actions. That's what the OOS means at the end. They know it is legally uncollectable, and they know they cannot sue you and win. The game they are playing is to harass you into making a small payment or agreement to pay, which would reset the SOL and make it legally collectable.

As far as the 30 day thing they put on the collection notice, that means absolutely nothing. If you fail to respond at all, your rights under the law would not be affected in the least.

All you need to do is send the DEBT VALIDATION request as per your rights under the FDCPA. In this letter clearly dispute the debt. DEMAND to see the original contract with your signature on it along with a FULL account history AND itemization of ALL charges. Then DEMAND proof that they are legally entitled to collect the debt, and if they own it a copy of the sale contract and chain of title, as well as proof of amount paid.

Send this letter by certified mail, return reciept requested. be sure to put the certified # on the letter itself and keep a copy for your records. This is very important as it proves what you sent.

Now, until they provide all of the requested information, they cannot go further with collections. If they do then file a lawsuit you can get it tossed without ever going to court as frivolous. And you can countersue for your damages.

And, it is illegal for them to attempt to collect anything other than the principal amount that was charged off along with ALLOWABLE interest provided for under the law.

If they put it on your credit report, you can sue them for that too.

Don't get mad, get paid!

These are junk debt buyers who paid pennies or less on the dollar for this "debt" that comes with little or no documentation.

David,

Hiring an attorney at this time is a waste of money for a few reasons. The first being that most attorneys are incompetent when it comes to debt collections issues. Rarely does a consumer get the best advice available, and under the ethical requirements they have to work within, they cannot advise you how to really deal with these punks.

Based on your title of the original post, I can determine that the debt in question is past the statute of limitations for legal collections actions. That's what the OOS means at the end. They know it is legally uncollectable, and they know they cannot sue you and win. The game they are playing is to harass you into making a small payment or agreement to pay, which would reset the SOL and make it legally collectable.

As far as the 30 day thing they put on the collection notice, that means absolutely nothing. If you fail to respond at all, your rights under the law would not be affected in the least.

All you need to do is send the DEBT VALIDATION request as per your rights under the FDCPA. In this letter clearly dispute the debt. DEMAND to see the original contract with your signature on it along with a FULL account history AND itemization of ALL charges. Then DEMAND proof that they are legally entitled to collect the debt, and if they own it a copy of the sale contract and chain of title, as well as proof of amount paid.

Send this letter by certified mail, return reciept requested. be sure to put the certified # on the letter itself and keep a copy for your records. This is very important as it proves what you sent.

Now, until they provide all of the requested information, they cannot go further with collections. If they do then file a lawsuit you can get it tossed without ever going to court as frivolous. And you can countersue for your damages.

And, it is illegal for them to attempt to collect anything other than the principal amount that was charged off along with ALLOWABLE interest provided for under the law.

If they put it on your credit report, you can sue them for that too.

Don't get mad, get paid!

These are junk debt buyers who paid pennies or less on the dollar for this "debt" that comes with little or no documentation.

David,

Hiring an attorney at this time is a waste of money for a few reasons. The first being that most attorneys are incompetent when it comes to debt collections issues. Rarely does a consumer get the best advice available, and under the ethical requirements they have to work within, they cannot advise you how to really deal with these punks.

Based on your title of the original post, I can determine that the debt in question is past the statute of limitations for legal collections actions. That's what the OOS means at the end. They know it is legally uncollectable, and they know they cannot sue you and win. The game they are playing is to harass you into making a small payment or agreement to pay, which would reset the SOL and make it legally collectable.

As far as the 30 day thing they put on the collection notice, that means absolutely nothing. If you fail to respond at all, your rights under the law would not be affected in the least.

All you need to do is send the DEBT VALIDATION request as per your rights under the FDCPA. In this letter clearly dispute the debt. DEMAND to see the original contract with your signature on it along with a FULL account history AND itemization of ALL charges. Then DEMAND proof that they are legally entitled to collect the debt, and if they own it a copy of the sale contract and chain of title, as well as proof of amount paid.

Send this letter by certified mail, return reciept requested. be sure to put the certified # on the letter itself and keep a copy for your records. This is very important as it proves what you sent.

Now, until they provide all of the requested information, they cannot go further with collections. If they do then file a lawsuit you can get it tossed without ever going to court as frivolous. And you can countersue for your damages.

And, it is illegal for them to attempt to collect anything other than the principal amount that was charged off along with ALLOWABLE interest provided for under the law.

If they put it on your credit report, you can sue them for that too.

Don't get mad, get paid!

These are junk debt buyers who paid pennies or less on the dollar for this "debt" that comes with little or no documentation.

Hello All,

To begin, Tobey and Peggy asked what a debt validation is. Basically it works like this.

The collector calls or writes to tell you that you're in debt. If you feel they are in error for any reason, then you write a debt validation request within thirty days. It is merely a request in writing that the collector produce some proof that you actually owe what they say you owe. When the collector receives this request, they must (by law) do the following.

1. Stop collection efforts on the debt (or the disputed portion) until proof is obtained.
2. They must mail to you the name and address of the original creditor with verification of the debt or a copy of a judgement requiring you to pay.

If the collector CAN produce validation, then you are required to pay the debt. If the collector CANNOT then they must cease collection efforts.

Check out the Federal Trade Commission's Website. And look up the FDCPA Section 809. That'll tell you all you need to know.

David, Steve is right. Make sure any communication is IN WRITING. It sucks that you have to retain a lawyer, but with $3800 at stake, it's not a bad idea. Chances are it's not going to affect your credit, but keep an eye out just in case.

Also, when I was a collector (not for MAB), we were instructed not to talk with debtors who were represented by attorneys. If an attorney is handling your case, then give them his contact info and let him do the talking with the collectors.

This is probably some 15-year-old mistake on an account for someone else with a name close to yours. Junk Debt Buyers do this all the time.

Write a debt validation request. If they still try to collect without mailing you proof of a valid debt, then you'll really have a use for an attorney. Good Luck.

Kevin
Former Collector

Can you please tell me what a A DEBT VALIDATION request or report is?

MAB is faxing letters to large companies including the Federal Government. They use the following Statement on their fax:

We are attemting to obtain and verify location and employment information. Our records reveal that the subject listed above may be in your employ. We ask your cooperation tot he exten of furnishing us with the following information:

Is this subject employed at your company.
Please furnish us with the Social Security Number.
Please list the current address and phone number listed in your records for the subject.
State the amount earned weekly or monthly by subject and the current job or title held.
Employment Status
Direct Phone

If an employee statement is required. Please forward a copy of this letter to the employee for such signature.....

I, Name , hereby authorize my employer to release the above information.

The letter is signed by Mike Allen and the phone number listed is 877-254-0957.

Address
PO Box 9315A
Rochester, NY 14604

David,

You did the right thing in handling it right away.

Be sure to stay off the phone and get everything in writing.

A DEBT VALIDATION request is all that was really needed, but if you have the extra cash to give to a lawyer, that is good too.

Good luck.