Hello everybody, once again Asset Acceptance is harrassing me with phonecalls. I already have sent the validation letter since the amount in the statement was wrong. Last letter was the tricky offer that they would take away 50% from the debt . Please send me any suggestion Thanks Gio
Let me get this right. You sent validation letter to Asset Acceptance. Did they provide you with full validation? If they provided no validation, then they are fully in violation, $1,000 per incident. For sending you a letter demanding payment (even thou it's asking for a reduced amount) they've continued collection activities while an account is under dispute. Then making a phone call to you is another violation. Now if they did send some kind of validation, but not complete or accurate validation and you responded with the second demand for validation indicating they did not validate and they didn't send you any more info, go back to the above. If they sent additional, or sent quite complete validation the first time then you can't sue . . . now. Is the debt past SOL? If it's not past SOL and they did validate, then you need to tread lightly. The wrong type of comment could be acted against with a lawsuit (depending on the amount) If it is past SOL, wait 4-6 months then repeat the process of sending validation to Asset, then disputing it when you get the green card. Otherwise just ignore it, and when it get to be 7 years old it will vanish. Let us know if you got validation back, and if so what it was and how you responded. ChrisB
Thanks for your reply, last activity on this account was 07/23/01 , i live in the state of PA .The respond of my validation letter was a simple printout (Collect screen) .Then sent a letter that amount was incorrect. Got a copy of Providian settlement Ombudsman that set-off was properly asserted. Last action was the reduced offer to settle for 50% off . This account also was sold first to chase manhattan and a class action lawsuit against Providian was settled in August 2002. Thanks for your help Gio
Re: Re: Asset Acceptance OK so they didn't validate. Did you find the letter to send second if they do not provide proper validation? They legally can claim ignorance and imply that since they provided you with validation, there was no violation for them to start sending you letters and calling you again. Let them know that you didn't get proper validation. Also you said that the amount they're claiming isn't correct. Again, they MUST have a copy of the original signed agreement from the OC which would give the information on any and all fees and interest that is allowed to be charged in the situation that the account has been charged off. Without that, they legally can not even consider increasing the amount you owe from the original charged off balance. And I'm sure you probably have an old copy of your credit report from before it was sold which would show the OC with the exact charge off amount. You said you live in PA and gave the last activity date. Do you know if the SOL passed in PA? ChrisB
Re: Re: Asset Acceptance Thanks again for your help, SOL in PA is 4 Years (I guess this counts since last activity) .What is the next letter that I should send now ?? GB
Re: Re: Re: Asset Acceptance SOL is just over half way through, might I suggest you tread lightly on this one. I would just send another validation letter, similar to the first one you sent them, and in this one make sure they understand that you need a copy of the original agreement with the original creditor, and copies of all billing statements. Can you tell if this account has been assigned to the CA, or if they bought it (the original creditor will show a $0 balance and some notation of "Sold to XYZ") Second question, are we talking about a few hundred or over a thousand +? If the CA bought the debt, and it's a large one, they might be willing to try and sue you for the amount. If it was assigned and is for a lot of money, too much hassle and it'll go back to the OC who may sue. If it's for a small amount you can harass them a little more. Once you've gotten a new validation letter to them letting them know that you dispute the validity of the amount they claim you owe, one of three things may happen. Either they will 1: Actually send a request to the OC and get proper validation. 2: Not get validation, and move on to an easier target. 3: Send another BS printout that isn't validation, and continue to send you requests for payment. If they do number 3, and it's for a smallish probably non lawsuit amount, you might send a third letter as the Estoppel. This far from the end of the SOL I wouldn't want to suggest you sending the Estoppel unles they refuse to validate after a few tries, and continue to call / write you demanding payment. ChrisB
Re: Re: Re: Asset Acceptance Thanks for your valuable info, the amount is over 10k , they bought it from chase manhattan (don't know if they paid it) . How about a cease and desist letter ?? thanks gb
Re: Re: Re: Re: Asset Acceptance Check out PA's CA license and bonding statutes. Asset Acceptance likes to flaunt the laws by going around making like they are a "debt buyer", an OC, and not a CA like they are. If they are not licensed and bonded, you can use violation of state law as an affirmative defense should they file suit.
Re: Re: Re: Re: Re: Asset Acceptance Thanks alot for your info, I am sorry but I am not an experienced person but I learn everyday so much from this site !! Whats the best way to find out if they are licensed or bonded..Where is the best way to start ?? Thanks gb
According to this page, our state (fellow PAer) there is no license, bonding, or simular rules. http://www.carreonandassociates.com/collectionlaws.htm#Pennsylvania
I found that one when I was trying to find the 'real' SOL, one site would list 6 years for some things, and when I sent a lawyer an e-mail to ask what the SOL was (and a few other things about one account), he had verified that it was in fact 4, so I've had it bookmarked ever since... Makes figuring out everything you could possibly need to figure out a lot easier...
