Hi everybody Before I get started, one question someone usually ask is: 1.Q. Are those accts yours? A. "I do not recall these accts" (As I stated to asset acceptance in my letters, enough said about that) 2. Has the SOL passed? A. To my knowledge, yes Questions I have Q. what violations (from your experience) did they violate besides not sending proper val and still reporting the debt? Now my story Iâ??ve been dealing with asset acceptance for 2 TLâ??s they have listed on my credit reports. One is for a health club and the other for a CC. I have sent them multiple letters and each time they respond it is without the documents I have requested (sent standard val letters in my own words). For the health club: Amt of alleged debt? not more than $500.00 Sent 1st dispute CMRR requesting Val Received a print out (Item came back as verified when investigated by CRAâ??s) Sent 2nd letter re-requesting proper Val, with the FTC opinion letter enclosed Received a letter from them stating that the wanted me to provide proof from the OC that the debt was not mine Sent third letter (stronger wording) explaining that they violated FD** and that they had So many days to provide proof or remove Received letter stating that they are reporting the debt as disputed to the CRAâ??s That was not what I asked for or what is required by law after multiple attempts at val. For CC: Amt of alleged debt? not more than $2000.00 Sent 1st dispute letter CMRR requesting Val Received a print out (Item came back as verified when investigated by CRAâ??s) Sent 2nd letter re-requesting proper Val, with the FTC opinion letter enclosed Received nothing and debt was still being reported as verified Sent 3rd letter Received a letter from FL stating the requested documents were on the way. HAVNâ?T RECEIVED ANYTHING ELSE FROM THEM YET P.S. each letter they sent (when they sent me anything) had on the bottom: This is an attempt to collect a debt and any information will be used for that purpose Isn't that a violation? Trying to collect a debt that the alleged debtor has requested validation of? When I disputed these TLâ??s with the CRAâ??s they came back as verified. I am going to file complains with the FTC and AGâ??s of Florida, WI and GA. I also would like to gather as much info on the violations that they committed so after filing my complaints I can file (in small claims court) and sue them. Any advice would be greatly appreciated. Thanks styles
i just finished the full validation with them, when i sent my first one off, they sent me a letter offering a 30% discount. I just sent copies of my paperwork to the credit bureaus requesting deletion. But i feel that i need to go after asset acceptance for decision to not report correctly. please keep me informed of how it goes for you, as i intend to file next week. sdbrit68@hotmail.com good luck.....what does someone put here " they don't remove it from our report when we make it right, so why should we take it off the dockeyt when they do" i think of those words often
nope.....i never received a communication from them, plus the date they have is for 3-2005, for pacific bell telephone. since 2003 i have had cox cable phone, so even if the account was mine, there is no way that date is 180 days from the first delinquency. I actually think its my ex wifes account opened under my name..i gave them all this information and they still wont validate, all they did was send a statement on their own letterhead with a total, plus charges. the last time i used pacific bell was in 2002, that three years earlier than they state...
If you're comfortable with it, why not consider listing how they look on the credit reports? When they were notified by you directly that you dispute the tradeline and then didn't notify the CRA that the account is disputed by the consumer, they broke the law. You may want to think about applying for a credit card that uses the particular credit bureau where this is listed, specifically so you get denied (there's your damages). Research Nelson v Chase Manhatten by doing a Google search. Then you serve them with papers.
tried the listing as not mine......tried talking to them, and tried talking to the creit bureau. thats when i went to the full validation, then validation with threat of a lawsuit. was hoping they would back down, but they didnt, still hope when they get the summons they will want to deal
found a web site that lists the home addresses of the officers of asset acceptance llc........i know its not correct to repost here but if you need than to sue, i will send them privately
You don't need that to sue. In fact, that's probably a bad idea--you're not suing the officers, you're suing the company. Service will be at the company's headquarters or your state's registered agent for Asset.
i thought i read somewhere that if they do business in a state,they are required to have an office in that state. i believe i might have read it on this board somewhere.
Hey everybody Sorry I've been away (long / busy weekend). Anyway sdbrit68 I will keep you informed. I intend on filing the complaints with the AG and FTC in a few dyas or so. I want to make sure I give them plenty of time to produce the "documents" they made mention of.(I started this process with them in Jan of this year) Although I know they are just stalling b/c they don't have any documents. I would be very interested to learn what the CRA's do about your request for deletion(please keep me updated). One step I forgot to mention is after I file my complaints I intend on contatcing the CRA's as well since their investigation came back as verified I will ask them to reinvestigate and do a procedure request as well.. So if none of that works then I'll file suit. As I will be able to prove to the judge that they violated the FTC regs by not validating and still reporting as a legitimate debt to CRA's and that I had exhausted all possible(and reasonable) avenues before taking it to court.
You might also call Pac Bell, and just confirm that they have no open or defaulted accounts with you. It may help in adding fuel to the fire in your AG complaint.
they did that to me too......they investigated and said their paperwork is all in order, yet they wont send it to me.....hmmmmmm i think maybe they dont have things as well together as they see
These alleged debts (they say I owe) are over 5 years old so #1 SOL has passed #2 most companies either archive or destroy records that old (probably b/c they consider them uncollectible if the amt is indeed owed)which puts companies like AA in a tuff spot. Therefore, I say they don't have the docs. If they did, they would have produced them in the beginning. (I have heard that AA can be difficult to deal with though, so I expected some resistance from them. Remember one thing, with the SOL passed time is on your side. Worst case I have to wait 2 years for this alleged debt to fall off. I was hoping to get Butch (or one of the other long time and experienced members) to chime in on this.
a friend of mine's attorney asked to see my paperwork. He is going to write another letter to them for me, he said he will give them 10 days, and then file, he thinks its open and shut, so he is willing to do a contingency. I'm letting him do it now, i figure i tried everything in good conscience
Good for you! Keep us posted, I am interested in what postion your lawyer takes as I will 9 times out of 10 file ProSe.
If the licensed manager for the company does business for the company from his home, then yes, you can serve him or her there. I read your post as simply serving officers at home, which may not conform to service rules. The officer must be someone authorized to receive service of process. I didn't say don't sue. And some states don't require CAs to be licensed, in which case, they may not have an office in the state. That's where the registered agent comes in.
you are correct, i misread. my apoligies. It looks like the attorney wishes to go after them basically for violating the FCRA. They are still reporting, yet they wont send any of the paperwork they say verifies the spirit of validation. It seems they have a history of buying low ball debts for 2 to 6 cents on the dollar, so naturally they have no original paperwork, even if they collect $50 on a $400 bad debt, they are ahead. Tjey also seem to pull this " our paperwork is in order" thing all the time, maybe in the hope we will go away. For me, they have changed the date on an account to an impossible date, wont send me paperwork to show I have an obligation, and wont send me anything showing they are the proper people to pay if i do owe it. again, my apoligies for the misread
