Asset Acceptance calling now - not sure where to go with this...

[cam006]

Hi MyFico board - been away for a while trying to rebuild, but now I have a question I'm a bit stumped at where to go with this.  Asset Acceptance has started calling me about an old CitiBank card that I think is beyond the statute of limitations.  I know I've had an account with citibank and tried to negotiate to settle it back when citibank had it - just didn't have the money to do so.  And I sent letters to Asset Acceptance to try to negotiate and haven't had any response since 2006.  Now I've got a collector from Asset Acceptance calling me on this and it has of course ballooned to $18K (orginal card was $6K) I've checked all my reports and neither CitiBank or Asset Acceptance is on any of them.  Where do I start with this?  I want to eliminate this as a problem completely and this is the absolute last of the baddies I had.  I've read that Asset Acceptance can be a bear to deal with and they haven't been the most cooperative in my brief interactions with them.  I've already asked for something in writing.  I usually request that we only interact by mail, but I don't want them to start showing up on my CR since they are not there now.  So okay where do I start? 

[Anonymous]

First, you should find out if the debt is outside of SOL. Call Citi and get details about the account (have them mail you a copy as well).

Second, you should DV Asset Acceptance with the blurb about contacting you *only* via mail. Should they call you again, after that, sue them.

If the debt is beyond the 7 yr. credit reporting time period, then it shouldn't show up on your credit reports. If it is too old, and it does show up... SUE them for reaging (assuming a simple dispute doesn't work).

[cam006]

I didn't think to call Citi, I'll have to pull out my files and see what the old account number was.  Would citi still have information on it?  If they don't then what? 

[cam006]

Bump for more help.

[mauve]

What was the date of first delinquency? 

If it's past SoL, and past the 7 years, (you mentioned the first but not the second), I'd send them a C&D letter...or a FOAD letter.  (They're the same, only different in attitude)

[cam006]

I will have to check my files to be sure, but if memory serves DOFD is 2002.  I guess I was a bit confused since they are not showing on any of my reports, they checked my CR back in 2009, but I'm just now hearing from them in 2010.   As soon as things start looking up now they call.  Just a bit scary, like a credit stalker or something.

[mauve]

2002 is beyond the CRTP, but I'd try to find the proof anyway for your peace of mind.  They cannot put it on your credit report legally if it's past 7 years. 

[cam006]

Thanks for the direction, I'm going to first look for my info and see if I still have it on some older reports.  That will help me to know what direction to start in.  If I find they are beyond the SOL, then I'll just DV and inform them to contact me only by mail.  If not, I think I may be calling Citi to find out any info they may still have.  I think it's strange that neither of them are reporting on any of my CR's.  I just hope this doesn't cause them to try to re-age or put them back on my CR.

[mauve]

You can do better than "only by mail" - you can direct them to not contact you at all (beyond acknowledgement of receipt of your letter) unless it becomes legally enforceable, which it is not if it's past SoL.  Also, SoL and CRTP are different.  Sometimes SoL is longer than CRTP, although usually it's shorter.  It depends on your state. 

[cam006]

LOL!  I was just in the process of looking it up, I'm in PA.