What You Talkin' 'Bout Resurgent?

Let's do a bit of backtracking to an earlier post...

Remember the letter from Resurgent? Let me highlight a few important phrases:

"In most cases, creditors charge off accounts once they are 120 days or more past due/delinquent. The statement "120 days past due" is generally how a charged off account is defined by the credit bureaus. Due to the account being charged off, the bureaus still report it as 120 days past due even if it is paid. LVNV Funding, LLC does not report accounts as 120 days past due. This comment is added by the bureaus to further define the account; therefore, LVNV Funding, LLC cannot alter this statement on your credit report."

If you've read anything involving how credit reports are created and maintained, you should be aware that the credit bureau is not responsible for creating the data on a consumer report - it is the responsibility of the data furnisher (debt collector in this case) to report accurate information. It is then up to the credit bureau to pass along the information reported by the debt collector.

The four phrases that were written above are falsehoods, plain and simple, and are designed to cast blame on the credit bureau (in my case, Equifax). Remember how I said that there are laws to protect consumers from the misrepresentations of debt collectors? Well, Resurgent has told not one, but four falsehoods in the same letter, and has committed the first act to earn its place on my lawsuit.

But we can't stop there. The next thing that I received was an "affidavit of debt" from Resurgent, which I have attached below. The letter was dated 10/19/05, but was placed in the mail 5 days later. With the "affidavit" was a cover letter telling me that the account had been placed with Resurgent Capital Services, along with a Privacy Notice on behalf of the "Sherman Companies" (in which they go on to list ALL of the companies affiliated with Sherman).

Notice on the "affidavit", that Ms. Allison B. Moon testifies that the account was originated with OSI/Gulf State? Then she goes on to state that she is competent to testify and that the amount is just and true.

Well, Ms. Allison B. Moon is SO uninformed about this account that she can't even get the originating creditor correct (it was Providian) - then goes on to state that she's competent. What a joke. Anyway, the reason I'm point this out to you is because this is a copy of what's been referred to as a "false affidavit". Regardless of the fact that she lied under oath about the original creditor, Ms. Allison B. Moon has NO FIRST-HAND KNOWLEDGE about this account, so she can't testify to ANYTHING.

This has become a bit unbelievable to me - that a company could get away with outright falsehoods like this. But I remained patient, waiting for Equifax to correct my credit report.

I'm really glad I wasn't holding my breath...