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Asset Acceptance DV answer...need help!

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Anonymous
Not applicable

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

kamila,

 

it seems they have validated your request. unless you know for sure that A) the debt is not yours or B) the SOL has expired for this debt, I think it get futile to send further DV letters - they are only supposed to send you the OC and the amount.

I would focus of trying to PFD.

 

 

Message 11 of 19
Anonymous
Not applicable

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

kamila,

 

if you are SURE the debt is not yours, then follow the same advise for lafishy. You can ask more info, but they have no obligation to provide it.

 

 

Message 12 of 19
thotgal320
Frequent Contributor

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

So HappyDays if I was to DV a CA and asked for certain items all they are required to sent is a statement from the OC with their letter head.  That is considered validation unless you went to court then they are required to present the documents you asked for? Then if they do supply the statement would you then follow it with a PFD?
Message 13 of 19
lafishy
Regular Contributor

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

Thanks, Demed and Happy.

 

I wonder why it wouldn't be useful to appeal to reason and state in the letter, in essence, (not in these words, but: ) "Though you have not provided the service address for this account, nor most of the information I requested in my letter dated X/XX, this is clearly not my debt. I will easily be able to document my residence and on-site employment in NYC since 1993. You have 7 days to delete, or I intend to file suit."

 

Whatcha think, Demed? TMI? I'm thinking a simple informative statement, without much detail about my life, will help them avoid suit and just delete.

 

It's like a $100 bill...I'd hate to waste the time in court.

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 14 of 19
Anonymous
Not applicable

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

All the CA is required to send is a statement containing the OC name, address and amount of debt. Period.

 

They are not required to send any of the other information listed.

 

Once they provided with validation required info, you can continue to dispute, if not yours, if you object to the amount, and so on. You can also proceed to PFD. It's up to you.

PFDing a collector does not remove the OC reporting (if there at all) though.

Message 15 of 19
Anonymous
Not applicable

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

lafishy,

 

I thik you are on the right track - I like the statement about not having provided the service address and other info you requested, but i would avoid making affirmative statements, like "I have been in NY all this time", but rather negative ones, like "I never requested, had, used or otherwise had connections to the alleged SBC service account". This keeps the burden of proof on them.

 

I would also expand on the nature of the suit, like " I shall file suit for your violations of FDCPA, FCRA and defamation of character arising for your improper reporting of this alleged debt. At that point you would be responsible for statutory damages, actual damages, and attorney fees."

 

I agree that $100 are not worth the time in court. But you should also weight the $25 cost to file v. the damage to your credit report - once you file, you have statistically 50% chances the defendants don't show up in court. Specially if out of state.

 

 

Message 16 of 19
thotgal320
Frequent Contributor

Re: Asset Acceptance DV answer..Need help!

Asset is pretty accurate they never sent me validation on what they said I owed them.  One month before SOL ran out I got a letter from a law firm I was being sued.  I went to court on the day and their lawyer was really nice.  He did in fact have paperwork that validated it was mine.  Over the years with the interest building the amount they wanted was $1400.  After going to court twice and how old the account was they are only getting $435, not reporting it to the CRA and yes I have this in writing.
Message 17 of 19
lafishy
Regular Contributor

Re: Asset Acceptance DV answer..Need help!

THOT...what state are you in?
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 18 of 19
thotgal320
Frequent Contributor

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

I'm in CT.
Message 19 of 19
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