Asset Acceptance letter during 30 day window?

upinflagstaff · ‎09-06-2008

I started to organize my old collections that are still sending me letters after reading a post on getting organized - placing letters, etc on a spreadsheet. While getting my stuff from each CA together I noticed that the letter I have in my hand from Asset Acceptance, LLC. is on the same account that I just sent a DV letter for. I sent the DV letter to Asset Acceptance after they sent me a letter related to a recent trigger pull on my report. The DV is dated August 15, 2008, GC is August 19, 2008 and this letter that I just got is dated September 2, 2008.

I was getting ready to DV this letter (since I think AA has two old collections) when I noticed it's the same one that has not been validated yet. Am I reading FDCPA 809 correctly when I read that they cannot collect during this time frame? My DV letter was based on them contacting me. Are they simply ignoring me due to 809(a) where they might argue the "initial communication" occurred sometime in the past?

Where does that leave me? It's definitely out of SOL, CRTP being at 9 to 10 years old. I'm curious if anyone has sued under similar circumstances and won despite the language that could be interpreted in favor of the CA. I could use $1000.00

Anonymous · ‎09-06-2008

They can report and attempt to collect during the 30 days. If they do not validate after the 30 days, they must cease collection activity.

And this is for items already on your CR I do believe.

upinflagstaff · ‎09-07-2008

These are items outside the CRTP so they have been removed from my reports. My reading of FDCPA says they cannot perform any collection activities within the "dispute window". Of course they could interpret it in their favor saying that I never responded to the original dunning letter which I may or may not have received. I may tell them to jump in a lake if they don't answer the DV.

Anonymous · ‎09-07-2008

Yes- you can sue them!!!!!!!!!!!

This is an FDCPA violation.

Anonymous · ‎09-07-2008

They would have to prove they sent the original dunning letter.

I doubt they sent it CM.

Sue them or send a FOAD letter.

upinflagstaff wrote:
These are items outside the CRTP so they have been removed from my reports. My reading of FDCPA says they cannot perform any collection activities within the "dispute window". Of course they could interpret it in their favor saying that I never responded to the original dunning letter which I may or may not have received. I may tell them to jump in a lake if they don't answer the DV.

upinflagstaff · ‎09-11-2008

I just received the Debt Validation from Asset Acceptance with the following:

Prior/Original Creditor: Original Account Number:
Bank One/GE Capital/ACCC (account number)
(American Car Care Centers?)

Name Balance
(My name) $xx.xx

Last Transaction Date
12/04/98

I know that they cannot sue at this point, nor could I afford to just pay them the amount they claim I owe. In reading about lenders that blacklist I wonder if it would not be in my interest to do some type of PFD if that would un-blacklist me for some point in the future where I might want to seek credit from the OC.

I still may send a modified ITS or the "paymelowlife" letter due to their collection letter during the 30 day window.

Message Edited by upinflagstaff on 09-11-2008 09:42 AM