Asset Acceptance FOAD - what do you think?

[upinflagstaff]

Asset Acceptance LLC
PO Box 2036
Warren MI 48090-2036


Re: Asset Acceptance LLC; Acct # (account); Bank One/GE Capital/ACCC

To Whom It May Concern:

On August 15, 2008 I mailed a letter which your office received on August 19, 2008. In that letter I requested that you validate an alleged debt that your office is attempting to collect.

On August 20, 2008 your office again left a message on my answering despite my explicit written notice that all further communication from your office be in writing via USPS in violation of 15 USC §1692c(a).

I am also in receipt of your letter dated September 2, 2008 which is a further attempt to collect this alleged debt. At that time your office had not sent validation of the alleged debt in violation of 15 USC §1692g(b).

Your Debt Validation letter dated September 4, 2008 and postmarked September 8, 2008 indicates a “last transaction date” of 12/04/1998. Even if this alleged debt were valid would be beyond the statute of limitations for collections.

In addition, a review of my Experian credit bureau report indicates that you regularly pull my credit. Since collection of the above alleged debt would be time barred, you have no permissible purpose to pull my credit under 15 USC §1681b.

15 USC §1692k(a)(2)(A) provides civil penalties of $1000.00 per §1692 violation and 15 USC §1681n provides a $1000.00 penalty for violations of §1691. Under these statutes you would be liable to myself for a minimum of $2000.00 for your telephone contact and collection activities while you were validating this alleged debt. I am willing to amicably resolve this matter; your company can delete this file from its records, advise your client that this account is settled, and destroy any and all copies of any credit reports and personal data that may be in your possession within five days. If you fail to do so I will have no other recourse other than to investigate my legal remedies for each of your above listed violations which includes five unauthorized credit reviews.

Comments, suggestions? I'm waiting to mail this thing...

[Anonymous]

You being too nice- just sue them

[Anonymous]

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upinflagstaff wrote:

Asset Acceptance LLC
PO Box 2036
Warren MI 48090-2036


Re: Asset Acceptance LLC; Acct # (account); Bank One/GE Capital/ACCC

To Whom It May Concern:

On August 15, 2008 I mailed a letter which your office received on August 19, 2008. In that letter I requested that you validate an alleged debt that your office is attempting to collect.

On August 20, 2008 your office again left a message on my answering despite my explicit written notice that all further communication from your office be in writing via USPS in violation of 15 USC §1692c(a).

I am also in receipt of your letter dated September 2, 2008 which is a further attempt to collect this alleged debt. At that time your office had not sent validation of the alleged debt in violation of 15 USC §1692g(b).

Your Debt Validation letter dated September 4, 2008 and postmarked September 8, 2008 indicates a “last transaction date” of 12/04/1998. Even if this alleged debt were valid would be beyond the statute of limitations for collections.

There is no SOL for collecting. They can collect for as long as they want. There is a SOL for suing and reporting.

In addition, a review of my Experian credit bureau report indicates that you regularly pull my credit. Since collection of the above alleged debt would be time barred, you have no permissible purpose to pull my credit under 15 USC §1681b.

15 USC §1692k(a)(2)(A) provides civil penalties of $1000.00 per §1692 violation and 15 USC §1681n provides a $1000.00 penalty for violations of §1691. Under these statutes you would be liable to myself for a minimum of $2000.00 for your telephone contact and collection activities while you were validating this alleged debt. I am willing to amicably resolve this matter; your company can delete this file from its records, advise your client that this account is settled, and destroy any and all copies of any credit reports and personal data that may be in your possession within five days.

How are you going to know they did this?

 If you fail to do so I will have no other recourse other than to investigate my legal remedies for each of your above listed violations which includes five unauthorized credit reviews.

Comments, suggestions? I'm waiting to mail this thing...

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[upinflagstaff]

Timothy - I would rather they just went away but if they don't I have the name of a NACA lawyer here in town.

Sidewinder - is it your recommendation to remove the SOL language and insert "please mail me verification that your office has deleted these records" at the end?

[Anonymous]

You can include information regarding SOL, just note that there is no SOL for collecting.

It could read something like "this debt is time barred under "your state" statutes which limit the time a creditor has to file suit and recover payment/damages and is past the credit reporting time period described in FCRA"

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upinflagstaff wrote:
Timothy - I would rather they just went away but if they don't I have the name of a NACA lawyer here in town.

Sidewinder - is it your recommendation to remove the SOL language and insert "please mail me verification that your office has deleted these records" at the end?

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[upinflagstaff]

They are not reporting.

Your Debt Validation letter dated September 4, 2008 and postmarked September 8, 2008 indicates a “last transaction date” of 12/04/1998. Even if this alleged debt were valid it would be time barred under Arizona statutes which limit the time a creditor has to file suit and recover payment/damages.

[upinflagstaff]

Changed the last paragraph

I am willing to amicably resolve this matter; your company can delete this file from its records, advise your client that this account is settled, and destroy any and all copies of any credit reports and personal data that may be in your possession within five days. I am awaiting your response on your company letterhead which indicates full compliance with this request. If you fail to do so I will have no other recourse other than to investigate my legal remedies for each of your above listed violations which includes five unauthorized credit reviews.

[upinflagstaff]

After letting this sit for a day I have made some changes:

Asset Acceptance LLC
PO Box 2036
Warren MI 48090-2036


Re: Asset Acceptance LLC; Acct #####; Bank One/GE Capital/ACCC

To Whom It May Concern:

On August 15, 2008 I mailed a letter which your office received on August 19, 2008. In that letter I requested that you validate an alleged debt that your office is attempting to collect.

On August 20, 2008 your office again left a message on my answering despite my explicit written notice that all further communication from your office be in writing via USPS in violation of 15 USC §1692c(a).

I am also in receipt of your letter dated September 2, 2008 which is a further attempt to collect this alleged debt. At that time your office had not sent validation of the alleged debt in violation of 15 USC §1692g(b).

Your Debt Validation letter dated September 4, 2008 and postmarked September 8, 2008 indicates a “last transaction date” of 12/04/1998. Even if this alleged debt were valid it would be time barred under Arizona statutes which limit the time a creditor has to file suit and recover payment/damages.

In addition, a review of my Experian credit bureau report indicates that you regularly pull my credit. Since collection of the above alleged debt would be time barred, you have no permissible purpose to pull my credit under 15 USC §1681b.

15 USC §1692k(a)(2)(A) provides civil penalties of $1000.00 per §1692 violation and 15 USC §1681n provides a $1000.00 penalty for violations of §1691. Under these statutes you would be liable to myself for a minimum of $2000.00 for your telephone contact and collection activities while you were validating this alleged debt. I am willing to amicably resolve this matter; your company can delete this file from its records, advise your client that this account is settled, remove any record of inquiries that you may have placed on my credit bureau reports, destroy any and all copies of any credit reports and personal data that may be in your possession and send me a check in the amount of $500.00 for my time and aggravation within five days. I am awaiting your response on your company letterhead which indicates full compliance with this request. If you fail to do so I will have no other recourse other than to investigate my legal remedies for each of your above listed violations which includes five unauthorized credit reviews.

[RobertEG]

IMHO, I would advise you to delete, in toto, any reference to SOL in your DV letter. Period 
You are not asserting your legal ability to defend payment of the debt. 

The purpose of your DV letter is to require CA compliance with the FCRA and FDCPA in establishing, in the first instance, that you actually owe the debt.  You dont have to admit or deny anything.  It puts the ball in their court to establish the legality of the debt, and their legal authority to collect the debt.

There are cases that have arisen where a CA has used a consumer statement that the SOL has expired as an "admission" that the debt was owed, and thus a reason to reset the SOL as of the date of the DV letter.  May sound crazy, but it is not uncommon.  Their argument is that if the consumer agrees that the SOL has expired, then that implies a date of tolling of an SOL, which can only result from admission of a delinquency.  That, under some state laws, can reset the SOL.

Same thing goes for including any partial or full payment offer.

Their telephone call to you was only for only for the purpose of getting some kind of recorded message from you of negotiation, and thus reset the SOL.  YOu did right in not talking to them, period.

I know that you have couched this with the terms "asserted debt,"  thus implying no admission, but I would leave it all out.  I would only include an SOL assertion or inference of payment offer if you are admitting to the debt, and not contesting the debt itself.

Delete any discussion that you inserted in your last revision about "resolving this matter."  Looks to me like an admission of responsibility.

Keep it vanilla.  Dont argue or offer.  Demand their facts.

Just my humble opinion.

Message Edited by RobertEG on 09-12-2008 10:14 PM

Message Edited by RobertEG on 09-12-2008 10:21 PM

Message Edited by RobertEG on 09-12-2008 10:26 PM

[upinflagstaff]

I've already DV'd them. Their response indicates that this is from 1998. They are no longer reporting on my CR, but they do continue to soft pull, send letters and (until my DV) call.

I'm ready for them to be completely gone. I used the SOL language as an addition to my stick of FCRA and FDCPA assertions. I'm curious how mentioning SOL based upon the date provided to me would toll SOL. Would merely mentioning it give them the opportunity to say, "aha, you know what kind of debt this is so it must be yours!" I guess I can see that.

Also, I make several arguments that fall back on SOL. PP for instance. They have already validated the debt IMO, it's just out of SOL for legal action. If I can't use SOL, then I can't tell them to stop soft pulling me.

I'm still sitting on it, since the feedback seems to continue to come in. Maybe a couple of more days.

Message Edited by upinflagstaff on 09-13-2008 08:59 AM