Don't Fall for Resurgent Capital Credit Card Scam  ...»  more.

Consumers Said...

Comments are from consumer emails. Personal data is redacted and some messages edited for brevity.

July 2008

As the economy becomes more challenging for everyone, those who least deserve money, such as the managers, lawyers, or supervisors at LVNV funding, which is really Resurgent Capital of Greenville, SC, shall have their deeds brought to light for many to see. As one who has seen the Resurgent/LVNV hardball tactics, such as placing inaccurate trade line info upon my and obviously thousands of others' consumer credit reports, I quickly realized that these outfits weren't going to be fair. That was the Resurgent/LVNV managers choice and intent. Their mantra of get these people to pay now, is not well received. If these individuals are not willing to take 5 minutes to give you something positive, in writing, that is truly of benefit to you, that is not mixed in deception, why in the world would I or anyone give them the time of day. As the managers, supervisors, and lawyers who affiliate themselves with Resurgent Capital/LVNV funding are doing and have done to others, may it be done unto them.

July 2008

I want to first of all thank you for educating me on the deceptive practices of these "buy it in bulk for pennies and sue them" debt collectors and how consumers can fight back these tactics that are being used through Small Claims Courts nationwide. Today I had my pre-trial conference. I was surprised to see that one attorney alone came in with suit for about 40 people who all had an appointment for the same time! Most of them did not even show up. During the time we had to try to work things out with the defendant's attorney, the attorney took each person in an assembly line format, calling them out one at a time. I saw people so intimidated and scared that they would do anything that the attorney demanded of them just to get them off their backs -- even if the debt was not even theirs! From what I saw in NONE of the cases did the attorney even attempt to provide any form of validation whatsoever to the defendant. The files the attorney had were so thin they could not possibly have any information other than a data sheet and maybe the court papers. Yet the attorney was making all kinds of demands from each of these defendants and was getting people to either pay in full whatever he demanded or by getting them into payment so high that most of them could not possibly pay this on a monthly basis without defaulting (which would automatically give the attorney the opportunity to file a judgment against the person and garnish their wages, take their property, etc.). With such a bad economy I could foresee some of these people loosing their houses and going through a great deal of hardship and trauma. While I have a high respect for small claims court and the judge that attended me and I think that this court is a huge benefit to the community because it helps people resolve their matters quickly and inexpensively, I believe these debt collectors are using our tax dollars to run a "legal" racketeering business and are getting away with it mostly because people do not know their rights as consumers. You were right about what you said about these debt collectors. They use the courtroom to intimidate people into paying them big bucks. What they are doing is so wrong and needs to be exposed!

June 2008

they have changed the wording on their affidavits and DONDRES ROBINSON IS THE AUTHORIZED REP BUT STILL out of Greenville with SUSAN G. ARGENTIERI THE NOTARY

June 2008

here's some more useful info on LVNV Funding and the Sherman Financial group;

 From Comments made to the FTC on Proposed FCRA Dispute Regulations by  Resurgent;

 "Background on Resurgent: Resurgent is a servicer of distressed consumer debt and reports information related to those debts to the consumer reporting agencies as requested by the debt purchaser. Account updates are submitted to the three national credit reporting agencies (CRAs) on a monthly basis. Because of the status of the accounts serviced, reporting is conducted as a factoring company in accordance with the rules outlined by the Consumer Data Industry Association (CDIA) an interpretations offered by the major credit reporting agencies. "

 A Factoring Company, My A__, LVNV Funding is considered a debt collector under the purview of the FDCPA; Federal courts have concluded that a person purchasing a debt after default and whose principal activity was the collection of debt was a debt collector within the purview of the FDCPA. See, for example, Kimber v. Federal Financial Corp., 668 F. Supp. 1480

Background on Sherman Financial Group; Sherman Financial Group started  by Tony Ettinger, owns a wide list of subsidiaries and after being  registered as a corporation in many states, has become a Delaware corporation. It is an integrated company that purchases, services, resells and secures distressed and performing debt, including, but not limited to, credit card receivables, telecommunications receivables,
 student loans, mortgage deficiencies and all types of bankruptcy debt.

Sherman is a company engaged in purchasing and servicing receivable portfolios acquired at a discount, and originating and servicing  credit card receivables. The company consists of numerous asset holding and operating entities throughout the United States and in  Mexico City, Mexico.

The director of Sherman Financial is Scott Silver and he is listed as one of the managers of LVNV funding on the state of Nevada government  website in the corporation search. It also gives an address of 200  meeting St, STE
206 Charleston, SC, which is also the same address and suite # for  Sherman Capital Markets LLc, which Scott Silver is also a manager of.

Scott Silver is listed on an OCC filing when Sherman Financial Group purchased Marin Bank in California. Marin Bank subsequently moved to Las Vegas Nevada and changed its Name to Credit One Bank.

Credit One is one of the largest issuers of Visa credit cards in the United States and is a wholly owned subsidiary of Sherman. Credit One currently offers only unsecured Visa and MasterCard credit cards.  Credit One’s target market is (was) sub-prime borrowers who desire to either build or repair credit and ultimately become eligible for increased credit availability. Customer contact is made by telephone,  through the mail and via the Internet.

 Sherman paid Radian Group LLC $278 million for common and preferred shares of Sherman representing about 21 percent of the company.  Sherman paid MGIC Investment Corp. $240.8 million for common and preferred shares that represented about 16 percent of Sherman. (We’re talking publicly traded ( NYSE) mortgage insurers on sub-prime loans)

 Charleston, S.C.-based Sherman generated revenues of $1.05 billion in 2006, according to MGIC’s 2006 annual report filing with the SEC. Sherman contributed nearly $122 million to MGIC’s pretax income last  year, Michael Zimmerman, MGIC’s vice president of investor relations, told insideARM.com earlier this month.

1.05 Billion? How many consumers did they rip off to get that? The scale of this is unbelievable. How many times have they violated the  FDCPA, the FCRA & the FACTA to get this amount ?

Let’s see, mortgages, insurance, credit, debt collection, New York offices, three paper corporations in Delaware, banks in Las Vegas,  Brazil and Mexico. The CT Corporation system that they use as Registered Agents has offices in Reno, Nevada and is headquartered in Chicago. They report forgiven debts on 1009-C forms to the IRS, when  they have only paid pennies on the dollars; how do they report the profits? Structured to shield the higher ups form law enforcement.  Harrasment, illegal debt collection practices, extortion.  If this was the 1950’s, I’d say it was the Mob.
 

June 2008

Sherman Financial Group, LLC owns Credit One Bank, visa and mastercard. LVNV Funding, LLC is one of the many names of Sherman Financial Group, LLC. I have been looking into the addresses LVNV Funding LLC has listed with many state Corporation Divisions. In my state and many others, they have it listed as 625 Pilot Rd. suite 2 Las Vegas Nevada 89119.   585 and 625 Pilot road is owned by FKC Properties and this is what I have found.....

Hughes Airport Center Portfolio consists of two (2) single-tenant flex office buildings located in the Hughes Airport Center of Las Vegas, Nevada. 100% occupied by Credit One Bank, a national credit tenant, the two buildings are currently being used as office/call centers.

If you compare the dates that Credit One Bank moved into 585 & 625 Pilot Rd. it will match the date they changed their principle address with the corporations division.

So this just goes to show that LVNV Funding is hiding behind one of it's many names in an attempt to elude consumers.

April 2008

Just below this comment is my comment from March 2008 about how LVNV was forced to drop their suit against me because they were barred from petitioning for $2500 in small claims court in Houston, Texas. LVNV must be reading your board, Mr. Hibbs, because listen to this: I received a collection notice in today's mail; LVNV has hired Allied Interstate to collect on the very same matter which LVNV lost in court! No kidding! A collection agency hired a collection agency! This time around, they finally figured out that LVNV bought the debt from Sears and not from Citibank, since Sears is listed as the Original Creditor. I guess the goon that threatened me over Citibank will now have to change his script and threaten me over Sears instead. Additionally, the "amount due" has enough interest added so that LVNV now wants $3871! I see where this is going. The minute the amount due reaches $5000, Allied will be allowed to sue in a higher court -- on behalf of LVNV! Never say die, eh, LVNV? Can you believe the huevos on these guys? I can hardly wait to answer their "quantum meruit" this time! After all, they HAVE done some work, haven't they? Head scratching probably counts as work. I am laughing too hard to even research the laws anymore regarding credit collections and lawsuits. These people are simply loony! Greed will be their downfall, I assure you. I am going to explain the situation to Greg Abbott, the Texas State Attorney General, and send him the documentation of suits and harassment and now this! I will also send copies of that letter to the judges at the JP Courts -- as you say, Mr. Hibbs: "Educate the judges". After they laugh at LVNV's ploy, they'll probably be angry.

March 2008

 This organization sued me in a Justice of the Peace court in Houston, Texas, seeking $2,500 in unpaid debts, plus attorney fees. I defended myself pro se (by myself). Basically, I won. They lost.

The Petition was a boilerplate pleading - the kind where you just fill in the blanks. Judges in Houston HATE boilerplate pleadings, and there are some local rules limiting their use. Also, these kinds of forms will have sentences in them that are not true for every case, and I found some of them, which right off the bat makes openings for significant defenses. The affidavit attached to the Petition was nothing more than somebody avowing that he was pretty darn sure that I owed $1800 plus accrued interest to Citibank. I had never seen that figure before and had not had any business with Citibank for, perhaps, the past ten years. I could not recall having seen any mail from LVNV, although their complaint claimed that letters had been sent. The Petition was signed by an attorney practicing in Arkansas, who had a very foreign-sounding name; African, perhaps. I looked him up in the Arkansas State Bar registry online; he had passed the bar barely a year ago, and had registered to practice law in Texas only a couple months prior.

Since I only had 20 days to file my Answer, I wrote up a general denial and then further denied having any knowledge at all of this debt or having received any notices relating to this debt or to this lawsuit. I attached a Request for Production to my Answer, which we can do in Texas courts, because I wanted the judge to see what proof I was asking for, if and when he read my Answer.

While waiting 30 days for the Plaintiff to respond to my discovery requests, several things happened. First off, a very obnoxious person began calling my husband on his work cell phone, threatening all sorts of malicious things if he did not pay Citibank the entire amount right away. My husband told the caller that nobody in our house owed anything at all to Citibank, and that it is against the law for the person to call him on his employer’s cell phone. That person then began calling our house phone, but we did not answer them. We DID take photographs of the numerous calls, though, as they were displayed on the Caller I.D.

I began to see that LVNV was going to fight dirty. I wanted to call the clerk at the JP court where the suit was filed and ask if I could get a restraining order against the caller. I found the court’s website online. There, on the home page, in text that could not be missed, were the rules for this court: according to Section 28.003, Texas Government Code, no assignee, money lender or collection agent could file suit in that court. I found Section 28.003 and read it thoroughly. LVNV filed their suit in the wrong court! Because the size of their claim was under $5000, they could not file their lawsuit in any court in Harris County, Texas. They were screwed!

I immediately filed an amended Answer, pointing out that LVNV was barred from filing this particular lawsuit in the JP Court. Then, I laid back and forgot about the whole thing. LVNV had been stopped in their tracks by their own inept lawyers.

Weeks later, LVNV’s discovery responses arrived and it turned out that they were actually suing on behalf of SEARS. Not Citibank. The affidavit attached to their Petition was not only useless, it was a lie, since it asserted that a record keeper had examined the history of the debt and swore that beyond a reasonable doubt I owed $2500 to Citibank.

LVNV also refused to name the amount of money they had paid for the account payable over which they were suing. If the suit had progressed normally, I would have called for a hearing on their objection to producing the bill of sale or the assignment. Their real loss probably amounted to a hundred dollars plus the filing fee of $30, not the $2500 they were asking for.

I never got my day in court, though, because LVNV was forced to cease prosecution of their suit against me. After a year’s time of no activity at all on the suit, the court demanded that LVNV submit an order of dismissal for the judge to sign. That order is on file.

March 2008

I'll try to be brief. I had a Sears account I opened in 1992-3. In Nov, 2004 I became disabled and in May 2005 started receiving SSDI. My wife also receives SSDI. I informed Sears that I couldn't pay on the account. A short time after The account was converted to a Citi-Sears account. I informed Citibank of my lack of funds. In Oct. 2005 I received a bill from Ventus Capital Services, LP. It stated that they were collecting the debt for LVNV Funding. Within a month (I think) I received a letter from LVNV stating they were collecting on the debt owed to the Citi-Sears account. I explained to them my financial situation. During this time I was receiving a constant barrage of phone calls, mostly rude and threatening, from Ventus and LVNV. In May 2007 I received a notice of intent to sue from Wolpoff & Abramson on behalf of LVNV. I called them and repeated what I had told everyone else. In July we were forced to move (landlord lost the property in foreclosure). We moved in with my son and his wife to cut expenses. On Sept 10th, 2007 my account was frozen. I contacted Wolpoff & Abramson, and was told if I could have the bank fax them the last 3 months of my bank statement proving receipt of SSDI for my wife and I they would re-evaluate their position. Things got confused and the bank and the law firm screwed up and I finally contacted my congresswoman and the account was released. Since then I have been contacted by Rubin & Rothman, LLC, and a company called DRS Bonding. Both claim to be the only entity involved with the LVNV account!

October 18, 2007 

Debt Collector Attorneys are no longer immune from prosecution if they have filed a false affadavit; read Todd v. Weltman, Weinberg & Reis Co., No. 04-4109 (6th Cir.) You can sue in federal court " The court reserves immunity for individuals who functionally serve as integral part of the judicial process-- the purpose of immunity is to preserve the judicial process, not to assist a self interested party who allegedly lies in order to initiate a garnishment proceeding"

Also according to the statement on LVNV Funding website," All capital markets and business development activities are handled internally, while the management of purchased assets is outsourced to a third-party specializing in the management of these types of consumer assets, Resurgent Capital Services LP (Resurgent). Resurgent is a manager and servicer of domestic and international consumer debt portfolios for credit grantors and debt buyers, and has been hired by LVNV Funding to perform these services on its behalf. Resurgent, a licensed debt collector, may perform these activities directly, or in many cases, will outsource the recovery activities to other specialized, licensed collection agencies"

Guess what - in accordance with FDCPA,. if Resurgent can't "Validate", they shouldn't be able to outsource further collection - because that would be considered continuing "collection activities" without providing Validation; in direct violation of FDCPA!

We need some lawyer go after these folks on a class action lawsuit please!

October 29, 2007 

I wanted to let you know that McCarty Law office based in Columbus Ohio is collecting and doing litigation on purchased debt for Sherman Acquisitions and also collects for Capital One Bank placed with them by National Attorney Network (NAN). In addition OSI has been placing Bank of America accounts with them.

This office has two attorneys who are partners. Chris Lardiere who is with another law office Kemp, Shaffer and Lardiere. Chris has connections with these clients. At one time his law office was the office collecting on them but after some time in 2005 his partners decided to get out of collecting on purchased debt and Chris took the business to another law office. The other partner is Greg Kostelac who has had no experience in debt collections but provides the financial backing that Lardiere needed to get this up and running. Robert L. McCarty now deceased was the head attorney but after his death Greg bought his law office and now him and Lardiere run all over people in an attempt to build up a law office that makes it by collecting on old worthless purchased debt.

The office manager is Steward Phillips who has a terrible reputation in the Columbus area. He was fired at a previous law office Sanford Cohen who is also now deceased. This office does around 200k a month in collections for these clients.

September 24, 2007 

Resurgent Capital is an unusual critter. The Resurgent playbook may read something like this.. Put the pressure on everyone, don't take it soft on anyone. Keep up the scare, if we can't get these people to send us money during the early weeks of auto dialing, or get "a live one" we can always shuffle these lists to our other entities or outsource them for an added bonus to a few of our collection outfits who do brief asset searches. Nail em if you can.

This may sound harsh, but the owners and managers of these outfits are not there to be your best friends. They will probably never meet you in person and feel shielded through distance and a telephone. Perhaps, they have become numb to what they do each day. These collection managers and supervisors are not in any position to judge anyone about anything. They want to remain in a grey fog and their actions unidentifiable. If only they would be people persons, and not set themselves up on the wrong side of the table in almost every situation, they would most likely have far different outcomes than what they usually get. But that's the nature of their playbook. Resurgent wants to squeeze as much money out of you as you will agree to give, like reaching for the last drops available from an over worked oil well. They want you to be their cash cow. I too, at times am wearied from their tactics, but that again, is a part of their philosophy .. to wear em down. The willful reporting and placing of inaccurate items and credit line descriptions of such on my and evidently tens of thousands of other Americans credit reports in attempts to ply trumped up sums of money from individuals and families, is at best unethical and in its basest form, ruthless. Let's hope they change their ways or disassociate themselves from such outfits as lvnv funding and resurgent capital, but I think these companies have already morphed into the same creature. Resurgent Capital managers and "supervisors" may one day find, they have spent their efforts trying to get to the top of a mountain, only to realize, that they climbed the wrong mountain.

August 21, 2007 

Or better known as Sherman Acquisitions aka Aka/Receivables Management Solutions. These people are crazy! I lost it on the phone.

My mother-in-law fraudulently took out a credit card with Sears with my husband as the primary user. She ran the limit to over $3,000. LVNV called us to say we owed this. Of course, my husband not knowing what he was talking about said that he did not owe the debt. But after some investigation we found that his mother had taken the card out with his name as the primary card holder and her as the secondary. She was going thru bankruptcy the time so they decided to come after my husband who never knew that his mother had taken this card out in his name. When the account was open my husband had just graduated from High school? My husband doesn't even shop at Sears.

We interrogated his mother and asked her why she took this card out in his name. Her excuse was that Sears just sent a card in my husbands name to the house and she used it.  Clearly, she lied.

When we spoke with LVNV and my mother-in law we decided we would not sue her for the debt but decided  since she owed, regardless of her being in bankruptcy, she would pay as this was effecting my husband credit (soon finding out that she had also opened a couple other accounts in his name. So about two month went by and she had paid the debt.

Later, LVNV calls us harassing us about the same debt saying we never paid the $2500 dollars we settled with. She claims the amount I told her we settled for was ridiculous and they would have never settled for that amount. And that instead of $3,000 owed that we now owed over $6,000. What? $6,000. How can we owe 50% more on a debt that is in collections? A credit card that is closed? After continually telling her that the debt was paid and her telling me that it never was and arguing back and forth I hung up. How was she going to tell me that we didn't pay a debt that we had came $2500 out of pocket for and then double the debt saying that it gained interest?

Well, my husband had fortunately kept the information about who we talked to when we settled the amount. So we called this person who was at Receivables Management Solutions. Explained the situation and demanded the acknowledgment letter that was suppose to have been sent to us a month ago. After some time they sent it to his mother and after arguing with her she finally sent it to us.

July 31, 2007 

Ok, I have been fighting LVNV and their scum organizations for 5 years!!! I finally hired an attorney a year ago via your website and advice and he has been wonderful. We got a "Dismissal" with prejudice which gave LVNV/Frederick J. Hanna 6 months to prove the debt. By November 17, 2006 (which is exactly 6 months from the date of the dismissal) they had done thing. No contact, NOTHING! But in January of 2007 I received a letter from a Group called Financial Recovery Services, Inc. based out of Minneapolis, MN. It referenced LVNV/Sears. Knowing I had a signed Dismissal and letter from my attorney I called this Financial Recovery Services and spoke to a Ms. Waldrum and she told me to fax her the copy of the Dismissal and letter from my attorney. I did and NEVER, heard another word from them. I also by copy sent a letter to LVNV "reminding" them that my case was dismissed and they were no longer to make any collection attempts.  I ran my credit report this month (July 2007) and low and behold LVNV is showing a "newly reported" collections against me dated 6/2007 (last updated)!!!!!! I contacted the attorney and we're going after them NOW for the counterclaim and as he letter stated before we will vigorously pursue a defense and very strong FDCPA counterclaim!!!!! I'LL KEEP YOU POSTED!!

July 19, 2007 

Long time fan and admirer, heck you might as well be one of my mentors...That aside, I received an LVNV Funding on my credit report. Thought your readers would very much like some background posted on how they do things...

SOL (based on last missed payment) is 8/7/2007 - can't wait to send them an SOL Expired letter with your classic Cease & Desist Letter. (We don't have a cease and desist letter.  We have a Cease Communication Letter. Very different.)

The most shocking thing is the pond scum used The Date of Last Activity reads 01/01 which is surprising since the actual DOLA is 02/01 (having a 10 for an IQ they used the last statement date not last due date missed, a rookie mistake).

This is my first bona fide debt assignment scum to toy with. I recommend every reader of your website to toy with them to get FDCPA violations, then C&D. Nothing says, "Good Morning" like a Notarized Intent to File Suit; and, nothing says, "Happy Birthday" like a summons!

The VOD with FTC opinions on FDCPA validation copies goes out tomorrow Certified Mail, Return Receipt Requested. I'm sure this wacko will send her perjurous affidavit as VOD, which I will challenge and report to the Attorney General, FTC, et al ad nauseum to no avail.

Then, the C&D once the SOL is expired. Frankly, I hope they sue. I intend to counter sue for intent to defraud (perjurous documents), FDPCA violations, FCRA violations, and the big one: Specific Performance of "you can't sell, transfer, assign, appoint (collection agents) or return this debt to the original creditor - this will end all hopes of them or anyone else ever collecting. Hope they like the weather in Michigan in Winter, because thanks to Bud I have corporate names to subpoena.

WARNING: Filing a lawsuit or intent to file suit is a complicated matter with serious consequences. Since the fall of artofcredit, I suggest you talk to Bud Hibbs, a lawyer at NACA (or MyFairDebt), AND check CreditBoards before you do it. I've had great help and some great mentors and this is NOT for the faint of heart. You're not just suing the pondscum, but his FDPCA errors & omissions insurance company and their attorneys! Nothing says, "Merry Christmas" like a judgment with no E&O policy, though.

July 16, 2007 

I would definitely not let these guys push you around. These guys sent me a debt collection letter in regards to an account with Washington Mutual via one of the debt collection companies they own called Resurgent Capital Services. Then two weeks later someone from Frederick Hanna & Associates called me claiming to represent LVNV Funding on the same account. These same people also called my parents house even though I never gave them the phone number. They also left a voicemail two days prior saying they had an important matter to discuss regarding a file they had and it almost seemed like the guy who called held a tape recorder to the phone which said my name and then proceeded to continue with his regular "important business matter to discuss."

LVNV seems to have no problem violating the FDCPA or any state law governing debt collectors. They seem to own a few debt collection companies and seem to swap the debt between them so if you don't call them back they will not only call other family members but also use Frederick Hanna & Associates to try and put the squeeze on you.

I reported not only Fred Hanna's firm to the FTC but also filed a complaint with our state's Attorney General's office. I also sent them a debt validation letter today asking that they no longer call me or my family. LVNV obviously has no integrity or honesty here and employee mafia tactics of harassment to get people to pay up. Don't let them pressure you and fight back against them whether they use Resurgent or Fred Hanna's outfit which is not honest and has plenty of complaints against them at the Better Business Bureau. Also, document every call they make to you and record it if you can. These guys are complete scumbags so don't give them any of your private info.

June 25, 2007 

My boyfriend was served a summons over two years ago, attached to this summons was a questions sheet asking for his drivers license number, place and address of employment, pay periods, if he received commissions what they were, his banks name and address, account number, what kind of an account checking and savings, nature of the account joint or separate and date it opened. The summons that came with this does not look like it was a legal document there was no court seal stamp or anything looking like it was filed with the courts.in the part that shows for court use only, it does not have a case number or division. I told my boyfriend that i had seen this firm as one of your worst of debt collectors on your site and i would not give them his information. Just the other day he received first class mail a notice: failure to respond to this citation may result in a fine and/or jail time. This stated he must appear in Littleton court with a div/ctrm and case number and show just cause if any why he should not be punished for contempt, that is, his neglect and refusal to comply with the order of the court heretofore requiring him to file complete and full answers to interrogatories, and whereby, to vindicate the dignity of this court, a fine and/or imprisonment should not be imposed, and, to futher do and perform what shall then be required and adjudged by the court. This was mailed first class and does not have any kind of stamp from the courts just a read stamp on the top (copy). Any time i have gone to court for any reason when i filed my case everyone involved got a copy with the court seal stamp on it and i had to mail it certified mail. Doesn't this apply to p. Scott lowery p.c. i hope i didn't give my boyfriend the wrong advice and he doesn't end up in big trouble with this. as I'm sure most of your readers are aware CACV of Colorado, llc is on your list of worse debt collectors and of course attorney p. Scott Lowery, p.c. is involved.

June 25, 2007 

Thought you might like to add "Mr. Crane" of Bermin & Rabin, P.A., Attorneys at Law, 10660 Barkley, Overland Park, KS 66212 to the  list of "Sherman Companies" stooges and lackies. Mr. Crane's phone # is 913-982-0346.

Will they sue? MAYBE! Will I worry? Not so much! My only income is Social Security Disability and they can't touch that.

June 11, 2007 LVNV Funding LLC  Sprechman and Associates, PA

This Miami FL law firm represents LVNV Funding.   Sprechman and Associates, PA 2775 Sunny Isles Blvd Suite 100   Miami, FL 33160-4007   305-931-0100   800-440-6289 F 305-936-0200   Stephen b Spechman  Stacey F Fisher   Scott E Modlin   Jennifer T Harley  John Salcedo
 

June 11, 2007 LVNV Funding LLC & Gurstel Law Firm

I have finally broke and requested help of lawyer because I've found violations continue and this company needs to be stopped from ruining people's lives. My credit has suffered for over two years, one year, nine months that I have documentation for. Old credit reports show it appears to have started as Sherman, changed on next report to LVNV and I'm on the (3) collector who I have a hearing with July 5. My response to DENY was sent today; and I cannot wait. I'm suing for $183,000, that's just them & the law firm; then I'm going after the credit bureaus - Bud...thank you for this website, we all make mistakes but these bottom feeders want people to stay in the ditch and the LAWS have to change! What's ironic is that law firms are NOT required to PROVE they sent things to us; but we must spend the money to prove they got it - that one needs to change. I'm starting my own consumer advocate group here to help others who have made honest mistakes.

June 11, 2007 

I too received a "Post Judgment Lawsuit" from LVNV Funding LLC-Melvin Thathiah claiming I owe 2,700. I also received a letter in the mail from a lawyer saying they heard Providian had filed a law suit against me and to call him and he would help. I have two more days to response to the suit and can't afford an attorney, as I just got divorced. I know the Providian credit card, previously GET SMART, was charged off 5 years ago, and the SOL is 4 years in Texas. What a scam! I wondering if the judges allowing these scum to to file suits know that it is a, not to mention illegal.  It's up to consumers to educate the judges -  Remember Rule Number One - the Rule of Law.

June 5, 2007 

LVNV-Capitol has been sending statements for an account they say is mine. I asked for proof that is my account and and asked for proof that they bought the old debt and had the right to collect.

They sent me a copy of a small card with a box checked on it. Nearby the the checked boxed it stated, "yes, send me a card. I agree to the terms listed on the backside". A copy of the back side agreements were not enclosed.

They had a signature on the card that resembled mine. They did not send me proof that they owned the debt; no written debt sales agreement. I do not recall signing a "yes, send me a credit card", card.

May 31, 2007 Melvin Thathiah

Currently there's a "RESTRICTED" DELIVERY/CERTIFIED letter from LVNV FUNDING LLC. AND MELVIN THATHIAH IN LITTLE ROCK, ARKANSAS awaiting my pickup. I know this, because I also have received a letter from Attorney at Law Frank Waltermire. He sent me the letter to SOLICIT my business . Mr. Waltermire has generously offered to file Bankruptcy for me, of course for a mere sum of G E$1,325.00. Apparently, he got the information from the internet regarding an upcoming law suit that LVNV Funding is filing against me and a slew of other Brazoria County, Texas residents.

When I went on-line I found where Melvin Thathiah had been extremely busy filing suits. In my particular case the SOL has expired. However, this doesn't seem to matter for this bottom-feeder. Since I have not picked up the letter, I know that he will utilize the local County Sheriff's Department to serve me a summons to appear.

First, I have no idea what my rights are, however, I do know that if I fail to appear in court he will conveniently get a default judgment against me. Therefore, I will be at the hearing. I wish I knew what information I needed to bring and what information I needed to request from him.

I am trying to arm myself against this scum so that I have a chance to resolve this matter.

Second, this agency called LVNV has been on my credit report. I have ask them to investigate the re-aging problem, but that simply state that they found me problem and this crap remains on my report.

So, please if anyone out there has any advice for me, before I am served by the Sheriff's Department, please post a response. This matter has taken a toll on me and I don't want to make a mistake in handling.

***P.S. Thank you Bud for this site. I am constantly reading the information posted here and it has been so helpful. In fact, I have some peace in knowing your own my side.   Email us:  cap@budhibbs.com  with a way to reach you.

2007 

I have basically the same problem as everyone else.  About 11 years ago I had an account with Providian Credit Card. Figured out early what a ripoff they were. At the same time my husband had his own Providian card.

The providian card has been sold more times than I could count to so my agencies on your watch list. About 8 yrs. ago we moved from Louisiana to Ohio. Both of our credit is completely ruined b/c our 2 credit cards have been sold off and the loan has been renewed so many times. Last week I received a letter for a credit card offer from Resurgent  Capital Services, L.P. out of Sioux Falls, SD. It is offering me a credit card but I didn't fall for that one.

Then I received a letter in from a lawyer (sorry I threw that away) saying that he heard that Providian had filed a suit against me. Call him and he would help.

Now the post office is trying to deliver a certified letter from the clerk of court here in town. So far I haven't signed for it.  It really has me worried that the bottom feeders are fixing to sue me and my husband.  Look for help at www.naca.net

2007 

Add to "Sherman Companies": Credit One Bank, NA; Ascent Card Services II, LLC; Anson Street, LLC. These names, plus most of the ones listed on your site were provided to me by the little dears in a privacy notice sent by them. Thought you might want to keep an eye out for the new ones.

2007 

This one has got to be a classic. Got a form in the mail today from Pinnacle Financial Group which lists their address as 7825 Washington Ave. S., Ste 310, Minneapolis, MN, 55439-2409. NOT EVEN A LETTER. It says "You account has been assigned to this agency for collection. How can we help you? Below is a list of some of our options..." and it lists Western Union, credit card and check by phone. Down at the bottom I finally find who this collection is for and it's...RESURGENT CAPITAL SERVICES aka LVNV FUNDING. Trying to collect more than $600, and the funniest part is I don't even know what for. LVNV is on my credit report for a Providian credit card which is NOT mine. This is so entertaining...these Pinnacle Financial clowns collecting FOR another group of JDB clowns. I'm sending off the cease communication letter today, Bud! I think this time the AG of our state is going to finally get a letter from me too about LVNV and the newest thing they're trying to pull.

2007 

We received a letter today stating that CACH Llc was filling a lawsuit against my wife. We received this letter from a mediation company. We have not received a summons as of yet. The letter contained the suit number, the county and the title. The rest of the letter was that this company could help mediate the suit outside of court. we have never heard of CACH Llc or the mediation company until today. We printed and are prepared to send the cease communication letter if we need to, but I am not sure as what to do. Is there any advice you can give us?  Can't give you legal advice, and not enough info in your submission to be sure of details.  Unfortunately, you also failed to give us a way to contact you.

2007 

I am having problems with LVNV and they are killing me. I have an account that is now out of SOL. If found this out by an old Equifax report (which I still have). So in the past 6 months i have been DV'ing, and they have not responded appropriately. I DV'd three times and not I get the letter from the lawyers WWR. But all they are saying is call them to use my tax return to pay the account off. I contacted the AG at both SC and Here in PA, plus the BBB and the FTC. I haven't heard back yet. But LVNV has all the violations as usual on my report ranging from factoring account to open installment, 120 days late and so on.

2007 

I am writing this to make everyone concerned aware that the Sherman "Octopus" has added YET another name change to its bottom feeding junk debt buyer business.This afternoon, I received a telephone call from a " Jeff" claiming to be from a company called Credit Control. The telephone number was 1-866-384-3375(cannot locate information on this phone number anywhere). This "Jeff" claimed I owed a debt to Sears which was SOL about two years ago. I have already gone through several battles concerning this with: LVNV, Ventus, Alegis, Hanna and now this new one. I have no idea if "Credit Control" is a new name in the Sherman chain but it appears to be the case. Very interesting on how they never responded with validation demands with the other names yet they believe they will actually succeed with this one? HA!So just a heads up to those currently fighting the Sherman "octopus" about this new name change. Good luck on your current endeavors and thank you again Mr. Hibbs for showing us all that we can succeed against these fiends.

2007 

I received a citation on May 6,2006 stating I was being sued for breach of contract, Unjust Enrichment,Quantum Meruit and/or Money Had and Received. The papers were filed in court on April 11,2006.I filed an answer 0n May 25,2006 stating that the statuteof limitations had run and any of limitations had run and any further attempts at collection would be a violation of the FDCPA. I lost my job in 2002 and my payment on this account was in March of 2002.I received my credit report and that they have reaged the account. I have a court date on April 17,2007.The Attorney is Melvin Thathian, but I received some Papers from Hosto &Buchan,P.L.L.C. they are surpose to be from Providian these papers show that my last payment was in March of 2002.What can I do?  You left us no way to contact you and answer your questions.

2007 

Trying to collect a debt that was discharged through bankruptcy 20 years ago.  We've been saying for a year now the paper is getting thinner and thinner.

August 4, 2006  San Diego

You might be interested to know that we have been getting the Ken Hughes phone calls. Now we received a call purported to come from our bank asking us to call 888-326-0507 regarding an investigation. My son called and was tricked into believing he needed to give my number. They have since called multiple times including calling my other son's cell phone, since that was the phone my son called on. This is a valid debt but we are in the process of getting an agreement with the original debtor to have all records removed from his credit in return for paying the obligation in full. The debt has only been in default for a short time. Be very careful about releasing any information, and if you must return these calls, use a public phone.

Med-Rev Recoveries   Solvay, NY    July  2006

they call 5-8 times a day. for medical bills that our insurance did not cover. I made arrangements with the hospitals to make monthly payments. BOY! did that make them mad.. they insist i cant do that i must send payments to them. well the hospitals say i don't have to!!!! i pd one bill and will start making payments on the others by August 2006. now this bottom feeder says my acct is going to lawyers in my area to sue me. they are nasty and rude people. -YA KNOW THEY USED TO BE ALBERT DAMIAN (SYRACUSE NY) COLLECTIONS SAME OWNERS-- BRENDA ST DENIS. HMMM WONDER WHY THEY CHANGED THERE NAME??? ALSO THEY HAVE A BAD RATING WITH THE BBB.      MED-REV     1217 MILTON AVENUE    SOLVAY, NY 13204 315-410-9480

Performance Recovery Corp   Tulsa      June 27, 2006

My ex husband received a notice from this company stating that we owe a Discover bill in the amount of 3,500.00 he was baffled not recalling ever having a discover card he called me. Stated he had contacted this company and was told it was up to him to prove he did not owe this bill. He then asked for information on the bill; ie when it was encured where, what bank etc. This company stated to him they did not have to release this information to him. He of course was confused as to where to go from there. He called me. I have spent many hours on Mr. Hibbs sight reading about various different collection agencies and their practices and how they work; and have used his links to the fair credit laws and agencies. (thank you Mr. Hibbs) I knew what they were telling him was not true. So I called them. I got a very rude unlearned bubble popping person that seemed to be only able to say "uh huh" and "uh huh usually means yes" when I asked her if uh huh was a yes or no. I attempted to explain to her the fair credit rules. She became angered yell some nasty words and hung up on me. Upon further research of this company I have come to discover that it is in fact an off brance of Resurgent Captial Services, who as you know is owned by Sherman Financial; all of which are out of Greenville, SC. I do however have phone number for them that is not listed on your site. I found it interesting that your site mentions that it rings to Resurgent Capital as that is exactly where this number rings to. This number was given to me by the Discover Card Corporation when we called to inquire about the said bill. We were told the number was for Sherman Fin. 877-264-5884. It is one that you might want to add to your seemingly ever growing list of numbers for them. Thank you very much for your time.. and for your wonderful website.

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