How to deal w/ Asset Accept again?

Discussion in 'Credit Talk' started by laurie33, Aug 8, 2003.

  1. laurie33

    laurie33 Well-Known Member

    I need some advice. Here's my long sad story about Asset Acceptance (LOL). Over a year ago they had been trying to collect on an old charged off account. However, in the letters they were always sending they had an account number that had one number incorrect from my actual account. So I kept claiming it wasn't mine and of course they didn't have any actual documents from the OC. So they agreed to remove but reserve the right to re-open if they ever did get documentation.

    Well, guess what.....I get a letter from them with photocopies of the final statements from the OC. So now what do I do to get rid of them? I tried ignoring the letter (stupid, I know) but now today I got another one saying since they haven't heard from me they are resuming "normal collection activities". The only thing I have that I could possibly use is an old copy of a credit report from Experian that lists my OC account as a Paid charge off. Would that work to try and say I paid it long ago and have no idea why they're trying to collect from me again? Of course I have no other proof that I paid it so I don't know how well that would work.

    Please, any advice or comments would be so appreciated!
    -Laurie
     
  2. lbrown59

    lbrown59 Well-Known Member

    I think I would just send them an intent to sue letter.
    You have them on the violation of trying to collect with out validating.
     
  3. laurie33

    laurie33 Well-Known Member

    Re: How to deal w/ Asset Accept aga

    They DID validate though, that's the thing. They just sent me photocopies of my final two statements from the OC. It just took them a year to do it, but they didn't try to collect in the meantime.

    I'm thinking the SOL is almost up on this anyway, but I'm not sure how to figure out. Is it based on the date of my last payment, or is it when the account was charged off? If it's last payment, I think it was 12/97 so I've only got a few more months (SOL is 6 years here).
     
  4. lbrown59

    lbrown59 Well-Known Member

    Re: Re: How to deal w/ Asset Accept aga

    1*They DID validate though, that's the thing.
    2*They just sent me photocopies of my final two statements from the OC.
    It just took them a year to do it,
    3*. but they didn't try to collect in the meantime.
    4*. If it's last payment, I think it was 12/97 so I've only got a few more months (SOL is 6 years here).
    laurie33
    =================
    1*No they have not validated.
    2*The statements aren't validation because they don't prove a thing.
    3*Wrong:Thay just did try to collect right here+ but now today I got another one saying since they haven't heard from me they are resuming "normal collection activities
    4* That's 4 more months they have left to sue you but it still remains on your reports for another 16 months.





    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  5. lbrown59

    lbrown59 Well-Known Member

    I paid it long ago
    I get a letter from them with photocopies of the final statements from the OC.
    You cannot validate a paid debt as owed so the 2 statements aren't
    worth the paper the're printed on.

    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  6. lbrown59

    lbrown59 Well-Known Member

    1*So they agreed to remove but reserve the right to re-open if they ever did get documentation.
    2*The only thing I have that I could possibly use is an old copy of a credit report from Experian that lists my OC account as a Paid charge off.
    laurie33
    ===================
    1*Never agree to a term like this as it no better than paying without deletion.
    They can claim any thing they get or come up with is a document thus giving them the rite to report it again.
    2*Dont show it to them it's proof of a negative TL.
    You aren't required to show it's paid or prove you don't owe it. They have to prove their claim that you owe.
    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  7. lbrown59

    lbrown59 Well-Known Member

    Click here: CREDITNET | Straight Talk | | How to deal w/ Asset Accept again?
    I'm thinking the SOL is almost up on this anyway, but I'm not sure how to figure out. Is it based on the date of my last payment, or is it when the account was charged off? If it's last payment, I think it was 12/97 so I've only got a few more months (SOL is 6 years here).
    laurie33
    XXXXXXXXXXXXXXXXXXXXXXXx
    SOL By STATE
    http://www.edebtnetwork.com/content/collection_laws.asp

    Why Chats site
    http://community-2.webtv.net/Y-chat/WhyChatsCredit/

    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
    ~~~~~~~~~~~~~~~~~~~~
    A donkey had an IQ of 186. He had no friends at all though.
    Even in the animal kingdom, nobody likes a smart-ass.
    Government Waste is a Terrible Thing to Mind
    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  8. lbrown59

    lbrown59 Well-Known Member

    Dup removed
     
  9. laurie33

    laurie33 Well-Known Member

    Does anybody else have any ideas on this? I'm more confused now than when I first asked the question.

    I'm not sure why the statements from the OC would not be considered validation. What do I say? That's my name, my address, but not my debt? That doesn't make any sense to me. And if I say I paid it long ago but can't prove it, then what? How does that help me? I'm not interested in going after them for any violations they may or may not have done. I just want rid of this.
     
  10. lbrown59

    lbrown59 Well-Known Member

    So they agreed to remove but reserve the right to re-open if they ever did get documentation.
    Laurie
    ======================
    They don't have the right to exercise this option because they still don't have the documentation that is proper validation.
    Since they are now attempting to collect again it is a violation of the first validation you sent them.
     
  11. lbrown59

    lbrown59 Well-Known Member

    1*I'm not sure why the statements from the OC would not be considered validation
    2*I'm not interested in going after them for any violations they may or may not have done. I just want rid of this.
    laurie33
    ==================
    1*A statement is a bill. A bill is a claim of an amount due however it is not proof that the claim is true.
    Here is an example
    I pay my credit card bill statement or what ever you want to call it on the first of Aug. for the month of Aug. on the 7 of Aug. I receive the statement showing a 200 min payment is due for Aug.
    Is the statement Validation that I owe 200 for the month of Aug?
    2*At times this may be your only recourse.



    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  12. breana902

    breana902 Well-Known Member

    I just faxed a copy of my complaint to asset today. They have 10 days before I file suit.
     
  13. laurie33

    laurie33 Well-Known Member

    Breana, could you tell me a little of your story with them? Thanks!
     
  14. breana902

    breana902 Well-Known Member

    Laurie,

    I understand you want to be rid of them, but don't want to sue - but that might be your only recourse here. They are the CA for providian for me. They sent me a letter stating I owe them money, don't know how they made the figure up. I requested validation and they sent me a computer print out. They did not provide validation to me - nor to you either. Not in the legal sense of the word. I have to do alittle bit more research because it seems like they are charging interest to the amt they say I owe. Anyway, I sent an estoppel letter - modified since they did send me something. They sent another printout. They have also pulled 3 soft inquires on my experian report. They also have verified the TL with equifax this month. They have marked the TL as "consumer disputes - resolution pending" and it has been marked that way for 2 months now. Anyway, I sent an intent to sue letter to them and when I noticed the soft pulls I also sent a non pp letter. They again ignored the letters. The deadlines are past due so I faxed them a copy of the complaint I will file in 10 days. I also faxed a settlement letter. They have the choice to settle with me or go to court. After all of this, the TL remains on my reports - so I feel like I have no other choice. It is very simple, all they have to do is prove I owe them what they say - but they refuse to do so. They refuse because they have no proof.
     
  15. leo728

    leo728 Well-Known Member

    I tried to do everything that was mentioned in this thread except for sueing them( for my GF account ). I just gave up and settled for a 50% discount on whatever they said was owed.
     
  16. BrettS

    BrettS Well-Known Member

    Hi Laurie. I got into this thread a little late, but I had a similar situation. I had a Mobil credit card that got charged off a number of years ago. Shortly after the charge off I settled the account and it got listed on my credit report as "Paid in full for less than full balance". Several years after all this I got a call from Cavalry Investments trying to collect on this debt. I had no proof of the settlement and was getting nowhere with Cavalry, and finally in desperation I faxed them a copy of my credit report with the notation "Paid in full for less than full balance" highlighted. To my great surprise Cavalry said "Oops... I guess you did pay that. We'll delete your account with us and remove our TL from your credit reports. I asked them to fax and mail me a letter stating that they will remove their TL's and the did". I didn't wait for them to remove the TL... instead I took that letter and sent it off to the CRA's. 30 days later the collection TL was gone from all three reports.

    I don't know if you'll have the same luck I did, but it certainly wouldn't hurt to try to fax them a copy of the TL from the OC. I didn't even fax my whole credit report... just the one TL.

    Good luck,
    Brett
     
  17. lbrown59

    lbrown59 Well-Known Member

    Did you get the item deleted?
     
  18. lbrown59

    lbrown59 Well-Known Member

    I sent an estoppel letter - modified since they did send me something.
    breana902
    ======================
    There was no need to modify it.
    The Estoppel as it is covers just such a situation.
    Modification can lead to mutalation. Modification is a good way to say the wrong thing and bite yourself in the rear!

    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  19. laurie33

    laurie33 Well-Known Member

    Re: How to deal w/ Asset Accept aga

    Brett, I would be so surprised if Asset ever said "Oops", although they did agree that they couldn't find any info on my account when they were looking under the wrong account number. LOL

    I'm going to try sending them the old CR page (with everything else that's not their business blacked out of course). I'll keep my fingers crossed that it works. The CR is from 1999 so my hope is that since it's so long ago that I "paid" it, it's believable that I wouldn't still have any other documentation to prove it. Thanks for your story, it's always nice to hear that it's possible for things to work out like you want them to.
     
  20. breana902

    breana902 Well-Known Member

    Re: Re: How to deal w/ Asset Accept again?

    Yes, but what they sent was another bill. I didn't feel comfortable sending a letter that states 'your continued silence". If I have to go to court with them, they can always say they did reply to my first letter.
     

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