This is my first post, so bear with me! Using info I gathered on the net and this board, I sent a validation request to Asset Acceptance Corp (AAC) and they responded with a lame computer printout. The debt will be totally SOL (in this state) at the end of December, so timing is somewhat important, as I don't want to encourage them to sue before then. I doubt that they are aware of the SOL. Their collection activity has been extremely lax, thus far. Still, I want this off the report. Here is the letter I've written. I'd appreciate any feedback: Dear AAC, Thank you for your recent response to my validation request. However, in looking it over, I note several major problems with it. I did NOT ask for a computer printout that merely puts my name on the same sheet of paper as this alleged debt. If thatâ??s all that was required, then anyone could go into the debt collection business. Joe, how would YOU like to have a computer printout â??validatingâ? a debt owed to ME for this exact same amount? I could print one up in minutes, as could anyone. Clearly, a higher standard is required! I DID ask for proof that I am, indeed, the party youâ??re asking to pay this debt, and that there is SOME type of contractual obligation binding me to do so. You failed to provide either one. Further, I specifically requested a copy of the agreement with your client that grants YOU the authority to collect this alleged debt. You failed to supply this, as well. I also asked for the address of the original creditor, and again, you failed to supply it. Reviewing the FCRA and the FDCPA, I note that youâ??re mandated to get this information from the â??original creditorâ? and NOT from some nameless â??previous creditor.â? Nice try, though! A computer printout does not prove that the debt is mine, it does not prove that I am obligated to pay it. Further, it does not prove that the amount of the alleged debt is accurate, and it does not prove that I owe Asset Acceptance Corporation any money whatsoever. The courts agree totally with me on these points, as you already know, or should know. Therefore, you are in violation of Federal law by reporting this account to the Credit Bureaus, since you cannot verify, much less validate, this alleged debt. I will allow you 14 days from the time that you receive this letter to REMOVE your entire trade line(s) off any and all credit reports, including, but not limited to, Experian, Transunion, Equifax and Innovus. Send me a copy of the UDF, so I will have proof that you have complied. Failure to delete the credit report entries referencing this account within the 14 days will result in my cheerfully filing suit against Asset Acceptance Corporation, as provided for under Federal Law. This is not negotiable. I look forward to receiving a copy of the UDF, which will provide a quick and painless resolution of this matter.
Looks good. I am getting ready to fax a validation to Asset Acceptance Corporation in a few minutes. My debt is also past SOL and the OC is out of business. Hehehe. They put a old Gantos charge on my credit report. Gantos doesn't even show up anymore. They have altered the balance due and illegally reaged the account. What pigs! I hope this letter works. Let us know the results, K?
Hey, you gotta be jokin. That's exactly what they are doing to me. Gantos has disappeared ( I used to LOVE Gantos!!). They reaged the account. I have old credit reports to substantiate this claim. Besides they also report the last date of activity as 12/00, which I know for a fact is incorrect. Will you give me the fax number so I too can fax a validation to them tonight.
I also had trouble with AAC regarding a charged-off Hudson's/Target card. They added nearly $600 in penalties and interest charges over a 3-year time period on an $800 collection. They also re-aged my account to make it look much more recent. I ended up paying them off because we were closing on a house and that was one of the bank's requirements. However, if you do end up paying them anything, make sure you negotiate for a heavy discount and deletion from your credit files. In my case, they accepted $800 on what they claim was a $1400 debt. I probably could have gotten them down even further but somehow they knew I was shopping for a mortgage and they refused to go any lower. They also refused to delete so now I'm stuck fighting that battle. Hopefully nutcase letters will work since it's a paid collection. Good luck with your validation.
