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What should I do?

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strong_lady
Regular Contributor

What should I do?

I got a letter from Asset Acceptance LLC stating that I owe a account for a utility bill that was in the state of Connecticut.  I did live in the state of Connecticut until 2004 and I then moved to North Carolina.  The thing is on my Experian CR it has the account being opened October 2006.  I was not in Connecticut during 2006 so its not mines.  What should I do?

 

I waited for a vertification from Asset Acceptance that I sent and there was no response so I went ahead and filed with the BBB.  They sent me a letter today stating that they have documentation to support that this is my account?  What should I do ... I was thinking of asking for validation of this debt and proof that I was there.. which I wasnt. 

 

Do I have to get some kind of records to show I was in North Carolina during the time that they state I opened the account?  The account is at a address that I was staying at also.

 

I moved to North Carolina January 2004.

Message 1 of 11
10 REPLIES 10
Anonymous
Not applicable

Re: What should I do?

Hi Strong Lady!

 

Are you looking at the "Date Assigned" or the "DOFD"? Is this listed as a collection account?

 

So, just to clarify; Asset Acceptance sent you a dunning letter. You responded with a DV. Asset did not respond to that DV within 30-45 days, so you filed a complaint with the BBB. Then, Asset Acceptance responded to your original DV saying that they have "evidence" that the debt is yours? What evidence did they provide? Did they provide the name & contact information of the OC? Did they provide a copy of a bill? If so, do you recognize the creditor? Is it possible that you missed the "final" bill, due to your move?

 

Has the BBB responded yet? Because, Asset didn't respond to your DV within thirty days, I'd also report them to your state's AG office. I would send an OC letter to the utility company (assuming Asset provided the information), and request the account information. If it is your debt, and the debt has only been assigned (and not sold), I'd explain the out-of-state move and request that they pull the account back from the CA if you can pay them. If it's your debt, and it was sold (and not assigned) to the CA, I would use their FDCPA violation to negotiate a deletion from your credit reports (if it was reported, or an agreement to not report if they haven't yet), and a reduction in the amount owed or a payment of $1000 to you, reduced by the amount that you owed them. But, only if this is your debt, after all.

 

If the OC doesn't have an account for you, have them put it in writing, send a copy of your DV and the OC response to the credit bureaus (if they're reporting) and demand deletion. Send a copy of the OC letter and a FOAD letter to Asset, along with the complaint numbers from the BBB and the AGs office. Then file suit against them for violations of the FDCPA.

 

At least, that's what I'd do! Smiley Happy

Message 2 of 11
strong_lady
Regular Contributor

Re: What should I do?


@Anonymous wrote:

Hi Strong Lady!

 

Are you looking at the "Date Assigned" or the "DOFD"? Is this listed as a collection account?

 

So, just to clarify; Asset Acceptance sent you a dunning letter. You responded with a DV. Asset did not respond to that DV within 30-45 days, so you filed a complaint with the BBB. Then, Asset Acceptance responded to your original DV saying that they have "evidence" that the debt is yours? What evidence did they provide? Did they provide the name & contact information of the OC? Did they provide a copy of a bill? If so, do you recognize the creditor? Is it possible that you missed the "final" bill, due to your move?

 

Has the BBB responded yet? Because, Asset didn't respond to your DV within thirty days, I'd also report them to your state's AG office. I would send an OC letter to the utility company (assuming Asset provided the information), and request the account information. If it is your debt, and the debt has only been assigned (and not sold), I'd explain the out-of-state move and request that they pull the account back from the CA if you can pay them. If it's your debt, and it was sold (and not assigned) to the CA, I would use their FDCPA violation to negotiate a deletion from your credit reports (if it was reported, or an agreement to not report if they haven't yet), and a reduction in the amount owed or a payment of $1000 to you, reduced by the amount that you owed them. But, only if this is your debt, after all.

 

If the OC doesn't have an account for you, have them put it in writing, send a copy of your DV and the OC response to the credit bureaus (if they're reporting) and demand deletion. Send a copy of the OC letter and a FOAD letter to Asset, along with the complaint numbers from the BBB and the AGs office. Then file suit against them for violations of the FDCPA.

 

At least, that's what I'd do! Smiley Happy


Thanks for your reply

 

I called the utility company, they said that the account was opened in 2006.  I told them that it is not my account.  They would not give me any other information because it has been sold to the CA.  I was then instructed to go to my local police department and file a identity theft and then when I have that paper to fax it back to them. 

Message 3 of 11
Anonymous
Not applicable

Re: What should I do?

Yep, if it's fraud, you'll have to file a police report, and then put a fraud alert on your credit reports.

 

And, hopefully, Demed will come along and give an opinion as to whether or not you should pursue FDCPA violations against Asset. I would, but Demed is resident expert at that.

Message 4 of 11
strong_lady
Regular Contributor

Re: What should I do?


@Anonymous wrote:

Yep, if it's fraud, you'll have to file a police report, and then put a fraud alert on your credit reports.

 

And, hopefully, Demed will come along and give an opinion as to whether or not you should pursue FDCPA violations against Asset. I would, but Demed is resident expert at that.


LilMirth

 

Excuse me for asking but this is my first time dealing with something like this... how do I put a fraud alert on my credit reports? and what is Demed?

 

Also.. can I put a fraud alert on my CR's right now or do I file a police report?

 

Thanks

Strong

Message Edited by strong_lady on 01-08-2009 02:42 PM
Message 5 of 11
Anonymous
Not applicable

Re: What should I do?

Check out the FTC's website regarding ID theft.

 

DEFEND: Recover from Identity Theft

 

You might get away with just filing a police report and sending it to the OC, if they've told you that is all you need.

 

I wouldn't put a FA on my reports right now, but would closely monitor my reports with a good monitoring service.

 

It sounds as if the OC is willing to work with you, so I would file the report stating that you have became aware that someone used your identity to open an account with XXXXXX in 2006 in the state of XXXXX.

 

 

Message 6 of 11
Anonymous
Not applicable

Re: What should I do?

 

i'm demed 

 

there are some strict rules to follow in case of identity theft. however, before going down that path, it's better to beat the error path. simpler, cleaner, less hassle.

 

i would respond to the BBB, stating theat they have not validated, not provided any proof of this debt and it's not yours.

 

next file complaints with the BBB with the utility company stating the debt is not yours and the utility company has no information  (and has not given you any) to prove otherwise.

 

wait for the responses from CA and utility to BBB, and in case file complaints with the AGs (both) and the FTC.

 

should all these fail, and no proof of the debt, or proof someone else used your identity, then you will have to go to the police, file an ID theft report, and then follow up with the CRA.

Message 7 of 11
strong_lady
Regular Contributor

Re: What should I do?


@Anonymous wrote:

Check out the FTC's website regarding ID theft.

 

DEFEND: Recover from Identity Theft

 

You might get away with just filing a police report and sending it to the OC, if they've told you that is all you need.

 

I wouldn't put a FA on my reports right now, but would closely monitor my reports with a good monitoring service.

 

It sounds as if the OC is willing to work with you, so I would file the report stating that you have became aware that someone used your identity to open an account with XXXXXX in 2006 in the state of XXXXX.

 

 


Sidewinder

 

What is a good monitoring service, I am subscribed to all three fico reports and have the fico alert.  Is that good enough?

 

Why is it not good to do a FA right now?  I am just curious, as this is my first time dealing with something like this.  You know it is funny, I figured since my credit is so bad no one would try to use it.

 

Strong

Message 8 of 11
Anonymous
Not applicable

Re: What should I do?

Are you planning to apply for anything right now or soon?

 

Some have had trouble getting FA released from their reports, not that it won't happen, but it may take you awhile.

 

For a good monitoring service, I would check the threads over on the General Credit Issues board for suggestions.

 

TrueCredit used to be popular but you can only update monthly now. I use ChaseIDProtection, and I update daily, but I hear that new subscribers can only update monthly.

 

 

Message 9 of 11
strong_lady
Regular Contributor

Re: What should I do?

Demed

 

Im sorry my bad.  I have like so many things going on today, of course I know who you are

 

Strong

Message 10 of 11
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