Letter from Resurgence

Whattodo · 06-24-2008, 01:27 PM

I requested that Resurgence verify an account they are trying to collect on belongs to me. In the letter I received they listed: the credit card number, who issued the card, when the account was opened/charged off, the balance, and the last 4 digits of my ss#. Do they have to produce a copy of the signed agreement or is the above considered legal? I ask because I'm trying to buy more time to come up with the $.

Thanks

Enigma · 06-24-2008, 02:04 PM

If lodged a timely dispute, documentation must come from the original creditor. Read Section 809 of the FDCPA.

How old is the debt? Is it witin the SOL for your state?

Whattodo · 06-24-2008, 03:54 PM

I'm in CA and the SOL is 4 years. The thing is, I can't exactly remember when I made my last payment. They state the last payment was made on or about March of 2006. I think it was sometime in 2005. I can request they send me copy/proof of when the last payment was made, correct?

Also, should I state in a letter that according to the FDCPA, they need to furnish documentation from the creditor (original contract)?

Thanks

Whattodo · 06-25-2008, 03:15 PM

Bump, just so Enigma can take a look. Thanks.

Whattodo · 06-26-2008, 05:34 PM

Please, can someone help with this? From what I've read, the collection agency has provided all the information. I'm checking my account now to see when the last payment was made. Hopefully they are wrong.

Hedwig · 06-26-2008, 05:44 PM

Can you contact the original creditor and see if they'll tell you when the last payment was made?

Whattodo · 06-27-2008, 12:54 PM

I called yesterday and they said I had to get any info. from Resurgence.

Enigma · 06-27-2008, 01:10 PM

Since you are in CA, have they complied with the Rosenthal Fair Debt Collection Practices Act?

Whattodo · 06-27-2008, 04:37 PM

I looked over the Rosenthal Act and it looks like there are in compliance from what I can tell. A few questions:
1. Is it a good idea to contact Resurgence, tell them I question the amount owed (ask them to send statements) to buy time so I can find out when I made the last payment? Even if it's off by a year, I still fall within the SOL. The amount owed is over 5K and I just don't have the money to pay it and will have to make monthly payments.

2. If I end up having to pay monthly, it seems unlikely that they will be willing to agree to, for example, delete the tradeline etc. like they might do if you settle and give them a lump sum. What's your thoughts?

Enigma · 06-28-2008, 01:23 AM

What is the name of the original creditor?

Whattodo · 06-28-2008, 03:15 PM

The OC is Citibank.

Whattodo · 07-09-2008, 02:09 PM

I looked and could not find any record that I made a payment to the OC in March of 2006. Should I write the CA and ask for evidence? I don't think that date is correct and I'm really just trying to buy time b/c I can't pay this creditor off at this point. Thoughts anyone?