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Asset Acceptance DV answer...need help!

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kamila7
Contributor

Asset Acceptance DV answer...need help!

I DV'd Asset seperately over two accounts...both I believe to not be mine!!  This was on March 25th.  I received a response from them yesterday with two seperate letters Stating "Debt Validation" on top, but all it said was this is the info we have from the creditor we got it from basically the OC name, and debt amount that is showing up on my CR's. 
I need to know if this is enough?  what do I send next? should I wait out the 30 days from my original DV letter and send the since you have not validated letter?  I am out of SOL, what should I do, they haven't showed me anything different from what I read on my CR's.
Thanks for the advice!!
Message 1 of 19
18 REPLIES 18
Anonymous
Not applicable

Re: Asset Acceptance DV answer...need help!



kamila7 wrote:
I DV'd Asset seperately over two accounts...both I believe to not be mine!!  This was on March 25th.  I received a response from them yesterday with two seperate letters Stating "Debt Validation" on top, but all it said was this is the info we have from the creditor we got it from basically the OC name, and debt amount that is showing up on my CR's. 
I need to know if this is enough?  what do I send next? should I wait out the 30 days from my original DV letter and send the since you have not validated letter?  I am out of SOL, what should I do, they haven't showed me anything different from what I read on my CR's.
Thanks for the advice!!



What did you request? That is the key.
Message 2 of 19
Anonymous
Not applicable

Re: Asset Acceptance DV answer...need help!

Try sending this DV letter from Happy Days Post
 
 
CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name ONLY TYPE YOUR NAME
Message 3 of 19
kamila7
Contributor

Re: Asset Acceptance DV answer...need help!

I asked from what most DV's do...I don't have it in front of me but I'm pretty sure I used Tuscani's letter...if not something very close to it... # A copy of the alleged original contract or other instrument bearing my signature # Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account # Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter # Evidence that your company is registered as a consumer collection agency in the State Of Illinois. They sent nothing more than who I owed and what "they" (Asset) says I owe...
Message 4 of 19
kamila7
Contributor

Re: Asset Acceptance DV answer...need help!

bump...please...
Message 5 of 19
lafishy
Regular Contributor

Re: Asset Acceptance DV answer...need help!

can anyone answer this?? i have the same situation with Asset right now, and would love to know what's next. All they sent was OC name, address and amt owed. I sent a full DV request.
TU Fako 640 (6/4/08), EXP FICO 605 (6/11/08), TU FICO 624 (7/3/08), EQ FICO 663 (6/9/08), EQ FICO 669 (8/18/08), EXP FICO 668 (8/18/08), TU FICO 663 (9/22/08),
EQ FICO 669 (10/6/08), EXP FICO 671 (10/6/08), TU FICO 714 (10/21/08)**TU FICO 3/27/09 736, EQ FICO 3/27/09 712**
Message 6 of 19
lafishy
Regular Contributor

Re: Asset Acceptance DV answer...need help!

bump
TU Fako 640 (6/4/08), EXP FICO 605 (6/11/08), TU FICO 624 (7/3/08), EQ FICO 663 (6/9/08), EQ FICO 669 (8/18/08), EXP FICO 668 (8/18/08), TU FICO 663 (9/22/08),
EQ FICO 669 (10/6/08), EXP FICO 671 (10/6/08), TU FICO 714 (10/21/08)**TU FICO 3/27/09 736, EQ FICO 3/27/09 712**
Message 7 of 19
Anonymous
Not applicable

Re: Asset Acceptance DV answer...need help!

They must give you the OC name addy and correct amount due.

 

Everything else that is asked for they would have to answer IF you went to court!!!

 

If they send a statement....the statement must be on letterhead from the OC

 

If this is not a medical debt.....Is the OC reporting?  what is the DOFD?

 

When past SOL you can offer a PFD. A PFD can be for the complete amount or less but it must be in writting!

 

And keep each account separate!!!

Message Edited by HappyDays on 10-12-2008 11:36 AM
Message 8 of 19
lafishy
Regular Contributor

Re: Asset Acceptance DV answer...need help!

Happy, thanks for your reply. The CA is the only entity reporting. The OC, SBC/Pacbell, is no longer reporting. Significantly, this is almost certainly not my debt; SBC Pacbell serviced California, and I have lived in NY for 15 years. The DV does not provide the address of the OC...only the name, amount due, account number. I don't even know what kind of account this is, but I can deduce it's some kind of phone bill, probably a land line. I've had some ID theft issues with one other account, but this one is really mysterious. From what I know from having landline service, you never sign an agreement, so how on earth would I know who opened it, or when? CRAs are not reporting DOFD. I guess I should write them back, asking for the info I didn't get (which I've already requested), plus dofd?

TU Fako 640 (6/4/08), EXP FICO 605 (6/11/08), TU FICO 624 (7/3/08), EQ FICO 663 (6/9/08), EQ FICO 669 (8/18/08), EXP FICO 668 (8/18/08), TU FICO 663 (9/22/08),
EQ FICO 669 (10/6/08), EXP FICO 671 (10/6/08), TU FICO 714 (10/21/08)**TU FICO 3/27/09 736, EQ FICO 3/27/09 712**
Message 9 of 19
Anonymous
Not applicable

Re: Asset Acceptance DV answer...need help!

lafishy,

 

your DV request has technically been validated. However, as you point out, this is not your debt - there is no point in arguing DOFD, SOL or NY reporting guidelines. In this case, you should write back to the CA and tell them nicely that this is not your debt - you don't give them any reason or other information, you just give them 7 days to delete from CRA or will file suit. Asking for further data and information is not productive - they have no obligation to produce it. If they don't comply, you file complaints with BBB, AG and FTC, and then you can file suit in Small Claims for $25. The burden of proof shifts to them, they have no evidence to prove it is your debt, while it should be easy for you to produce evidence that you lived in NY for 15 years.

 

At the same time you write to the CRA and dispute the item as not yours, and request an immediate deletion.

 

Do not mention any personal information, do not mention fraud or ID theft.

 

Wait for responses and then you can raise the pressure in a variety of ways.

Message 10 of 19
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