topic Re: Asset Acceptance DV answer..Need help! in General Credit Topics

Asset Acceptance DV answer...need help!

kamila7 — Tue, 08 Apr 2008 18:55:39 GMT

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!!

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

Anonymous — Tue, 08 Apr 2008 19:30:44 GMT

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.

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

Anonymous — Tue, 08 Apr 2008 20:03:45 GMT

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

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

kamila7 — Tue, 08 Apr 2008 21:33:09 GMT

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...

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

kamila7 — Wed, 09 Apr 2008 00:07:34 GMT

bump...please...

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

Anonymous — Sun, 12 Oct 2008 14:53:04 GMT

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.

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

Anonymous — Sun, 12 Oct 2008 16:51:50 GMT

bump

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

Anonymous — Sun, 12 Oct 2008 18:36:59 GMT

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

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

Anonymous — Sun, 12 Oct 2008 23:54:31 GMT

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?

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

Anonymous — Mon, 13 Oct 2008 02:37:20 GMT

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.

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

Anonymous — Mon, 13 Oct 2008 02:42:20 GMT

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.

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

Anonymous — Mon, 13 Oct 2008 02:43:43 GMT

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.

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

Anonymous — Mon, 13 Oct 2008 07:25:26 GMT

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?

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

Anonymous — Mon, 13 Oct 2008 14:17:13 GMT

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.

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

Anonymous — Mon, 13 Oct 2008 16:20:10 GMT

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.

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

Anonymous — Mon, 13 Oct 2008 16:30:42 GMT

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.

Re: Asset Acceptance DV answer..Need help!

Anonymous — Tue, 14 Oct 2008 03:34:41 GMT

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.

Re: Asset Acceptance DV answer..Need help!

Anonymous — Tue, 14 Oct 2008 14:01:35 GMT

THOT...what state are you in?

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

Anonymous — Tue, 14 Oct 2008 23:04:33 GMT

I'm in CT.