In 2003 I received a collection letter from asset acceptace for a CC debt. I sent a validation letter, they never responded. I sent a 2nd validation letter. They again never responded. I sent copies of the letters to all 3 bureaus. I received notification from all 3 bureaus that that debt from asset was never validated and would be deleted from my bureaus. A month or so later I received a phone call from asset asking if I had received a copy of the signed application from them that they had gotten from the OC. I advised them I had not. They in turn remailed it and indeed they did provide a copy. I figured since the bureaus had removed the entries I would be fine. I went for several months with no calls or letters from asset. They started calling again this time from their "legal dept" I sent them a Bud Hibbs Cease Communication letter. I didnt hear anything from them for a while. On this past Sat I received a letter from a company called Greene & Cooper P.S.C. They claim to be a law office in Louisville, KY. ( I live in Indiana about 1.5 hours away from them) Am I about to get my a$$ sued off? The letter appears to be a collection letter. The letter says that they are collecting for their client asset acceptance. Not the OC. But I can find no information on this company. The BBB has record of the company but nothing about them. The company has a web site www.greenecooper.com It appears that they are in collections. Which being a law office or not they have to follow the same laws as a CA right? Can i send them a validation letter? If im doing this right, I dont "owe" asset a dime as they are not the OC I dont have a signed agreement with them. The state of Indiana says that you have to have a signed contract. I have a signed agreement with the OC, and that debt was purchased by asset (i think) So to I owe asset the money and can I be made to pay? Someone out there please fill me in on what to do!!!!PLEASE!!!!
Rule #1) UNLESS IT'S TIME BARRED, DON'T C&D. (AND IF IT IS TIME-BARRED, TELL THEM THAT IN YOUR C&D) Only tell them to drop phone communications. Did they provide any statements? Did you ask for statements? What exactly did you ask for in the validation? How old is the account, and is it time-barred in your state? Rule #2) IF YOU BREAK RULE #1, YOU WILL PROBABLY END UP BEING SUED! Section 805 only gives them three reasons to contact you post a C&D, simply #1 "We give up"; #2 "We are considering suing you"; #3 "We ARE SUING you". If it is not time barred, they can do numbers #2, and #3. If it is time barred, and you've notified them of such, any threats of legal action are THEN, a false and misleading representation that they intend to take an action which they can not do, or that they know is prohibited under the law. If you send them a validation letter, be specific to demand everything, application, complete account history, all invoices, and receipts for the account in question, a complete and detailed accounting of any and all fees, AND their legality under Federal Law.
Did GC's notice include the "If you notify us within 30 days, and request validation of the debt, we will provide..." it disclaimer? Did GC's notice include the "This is an attempt to collect a debt; any information obtained will be used for that purpose." disclaimer? Lawyers may be CA's, and they may not be CA's, however Heinz v. Jenkins makes them CA's more often then not if they send any communication regarding the existance of an alleged debt, even a summons regarding an alleged debt.
A company can sell your account, and the signed application which you had with them, is now applicable to the company whom purchased your account. If you argue that you owe OC $, but not CA $, because your signed agreement was with OC. They'll argue that the whole reason that the CA bought the account was that you didn't pay OC based on the signed agreement, so you broke the contract first.
the letter from GC did have the disclaimer at the bottom "This office is attempting to collect a debt, and any information obtained will be used for that purpose" Well I guess I have already screwed up, I sent the C&D letter a month or so ago, What do I do now?
Look up to the other questions. Is the account time-barred in your state? Did you request validation, and if yes, did they provide anything? Was this the first correspondence from GC (if yes, it *HAD* to have a comment stating that you have the right to have this alleged debt validated.)
NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************In 2003 I received a collection letter from asset acceptace for a CC debt. I sent a validation letter attempt | 14 ========================== That was a 1000 violation Never read the fine print. There ain't no way you're going to like it.
lb, Where was the violation. The letter from asset came first... Then the validation letter... When he disputed it, they didn't verify with the CRAs. Probably because he told the CRAs I didn't receive anything from asset, *THEN* they called to ask if he had received what they had mailed. If they did mail the validation (but for some reason it wasn't received) before they had called, then it wasn't a violation, that I can see.
Re: Re: asset acceptance Phew, I was making myself go cross-eyed wondering why my $pider-sense wasn't picking up the tingle of the jingle jangle of the cha-ching.
Re: Re: asset acceptance I just got asset as well. Their response for my request for validation was a computer printout that they said they received from the oc. Well, that is HILLARIOUS becuase the printout shows my current address. The oc would have had my address from six years ago. Liar liar pants on fire cha ching.
