So, I faxed out my first round of validations on March 5th to three different collection agencies (Affiliated Acceptance, Asset Acceptance & OSI). Today I got my mail and guess what--the first piece of mail I have ever received from this Affiliated Acceptance Corp. It shows on my report that it's been there since 1997 and I have never received a bill or statement from them before. Guess what the date is??? March 6th. The day after I faxed them my validation (my address was on the validation letter of course). Is this a violation of the FDCPA? I'm thinking so, but the timeframe is so close (1 day) that I'm thinking they could easily say "we didn't even process the fax you sent us yet...". But, how convenient that my first statement from these morons in *5 years* comes the DAY AFTER I faxed them my validation. Violation or not? What do to from here? Please help
Uhhh.maybe I'm missing something... but if you only faxed the validation they can easily say they didn't get it. certified, return receipt. You must have proof they received the validation request... In addition to that, though, see if your fax machine can print out confirmation of faxes sent and received.
Marie has a point, hopefully you do have confirmation... as far as CRRR.. (playing devil's advocate) I do not see how this proves they received the request either. I could CRRR them a blank peice of paper... etc etc.
I faxed it directly from my computer which keeps a log of the fax itself, the date, time etc etc etc that it went through, so I know that they got the fax. I'll wait out the 30 days and see what happens. I've got it disputed through the CRAs as well, so maybe they won't be able to verify it and it will be deleted anyway. I'm going to log on right now and check out my reports to see if they did any inquries or updates after 3/5...that would be another violation if they did, right?
I may be wrong, but I'm not sure that constitutes they "got it". You know by common sense that they did because they started collection activities again, but if I were you, I'd mail one crr too... monday. Call a lawyer if you have questions about it, but I'd be worried that you'd get it thrown out based on a fax.
Thanks Marie and Radiohead for your advice. I'll check on the fax thing on Monday. After shooting out those validations, I realized that I was (in a way) shooting myself in the foot because some of the tradelines on my report haven't been updated in 5-6 years. So, I'm not doing anything until my first round of disputes is over and I get the results back. I may not need to pursue this any further. Just checked my reports and nothing on EQ; EX's website is broke (again) so I couldn't check. But, my score is the same so nothing probably happened.
Interesting............ When dealing with a snake you must think like a snake.... Email me for a way around it
Also check the applicability of the Electronic Signatures in the Global and National Commerce Act, E-Sign Act. It was passed by Clinton in 2000 and created a universal standard for contracts, signatures and records created in cyberspace. The most important aspect of the E-Sign Act is that "a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic format." There are some limitations. The Act doesn't require any person or business to use or accept electronic signatures, records or contracts. It states only that if parties do agree to record and execute their agreements electronically, the agreement will have the protection of federal law.
Sometimes it seems you people are out of your minds. The 'snake' is the one who is trying to get out of paying the debt.
Do you remember every bill you incurred from 1997? I doubt it. I know I owe Sprint PCS a bill and I am more than willing to pay for, but by law I was allowed to request PROOF of how they determined the amount, they never proved it and in the process violated my RIGHTS! Why should the consumer be forced to pay a bill they are unsure of, just to satisfy the CRA's, CA's or what have you?
I for one truly don't get it. The internet is full of other sources for you to post. If you don't agree with what is being presented here, then don't come around. It "seems" YOU are the one that is out of YOUR mind.
Aigle, The collection letter I received on Saturday listed a company called "BODY INSPIRED" as the original creditor. No clue what this could be about, and the hell if I'm going to shell out $499 for something I don't believe is mine. Where did you get the idea that is a legit debt? I reviewed the posts and don't see that that was even discussed. Did anyone ever tell you what happens when you "ASSUME"??? Happy Monday, Matt.
Looks like they already made an a$$ of themselves. You don't need to respond anyway to someone who obviously thinks that the CA are just great! Let them go on kissing the CA's butt maybe that's their method of getting what they want. As for your problem. Send everything CRRR everytime and then you won't have to wonder whether they got it or not. The good thing about CRRR is you get a signature. Which I think is better than the fax time and date etc.. from the fax log. Most people I have heard from say that the fax log is enough proof. Also I awoke sleeping dogs just by accessing my credit reports and getting copies. They must have some agreements that if certain information is updated then the CRA's notify the collection agency. In my case it was Allied Interstate and they are sending me collection letters for a debt that is over the SOL and no longer is listed on my reports. We'll see if they can provide me the original signed contract etc..
