I've been trying to get Asset gone off my reports for a while now (they are still on EQ and have inquiries on TU). I was supposed to send the intent to sue last week but I thought I'd wait to see the results of my disputes. Anyway, I got a letter from them today saying they sent 1st notice in April 2001, I requested validation, they sent a printout (which I never got), I requested validation again in June 2001 which they ignored since "your letter did not request anything specific". In April 2002 I requested additional proof which they have requested of the OC but "due to the age of these accounts it sometimes takes longer that AAC or its customers would like to receive this information. Although I can understand your impatience in this matter, you must understand that none of the acts of AAC give rise to a cause of action under the FCRA or the FDCPA. If you choose to pursue this matter that we believe to be frivolous, it is the policy of AAC to pursue sanctions against the opposing party pursuant to Rule 11 of the Federal Rules of Civil Procedure". Then it has the mini-miranda at the end. What does this mean? Do I still have them on violations for continued collection activity and continuing to verify an account without validation since they claim to have sent a "printout" last May? And what is Rule 11? They have the wrong account number for this account, so I know they won't get anything from the OC based on that number. Where do I go from here?
The appropriate part of Rule 11: Rule 11-- Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions ... (b) Representations to Court. By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, -- (1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; (2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. (c) Sanctions. If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.
1-Although I can understand your impatience in this matter, you must understand that none of the acts of AAC give rise to a cause of action under the FCRA or the FDCPA. 2*Do I still have them on violations for continued collection activity and continuing to verify an account without validation since they claim to have sent a "printout" last May? And what is Rule 11? They have the wrong account number for this account, so I know they won't get anything from the OC based on that number. Where do I go from here? laurie33 ================ 1* What a line one of crap. 2*Most certainly? Send the Estoppel if you haven't done so and the intent to sue.
Can someone tell me in layperson's terms what Rule 11 means? I'm wondering what these "sanctions" are that Asset is going to pursue if I file against them. I'm so sick of them, but it's kind of funny, I knew I had sent them a request for validation before I found this board. So of course I didn't have any record of it. But in this letter they sent me, they tell me the dates AND the fact that I sent them two letters last year! LOL, thanks Asset for proving my paper trail for me.
Blow them off...they are only trying to intimidate you. I would demand validation, then send the estoppel; then if all else fails, I would file a lawsuit. Asset most likely does NOT have the signed contract or any form of validation; otherwise, they would have sent a copy to you by now. They're just playing games. Either they validate or it gets deleted. Stand your ground and good luck. Calmest_LA
Ok, here is my letter to them. Any critique would be helpful. ========= June 1, 2002 Laurie Asset Acceptance Corp. P.O. Box 9065 Brandon, FL 33509 Re: Hurley State Bank Account # Your file # NOTICE OF INTENT TO SUE To whom it may concern: I have recently received copies of my credit reports which contain tradeline reporting of the above referenced account as well as hard inquiries to my credit files placed by your company. As you are aware, I have sent a total of four letters over the past year requesting validation of this debt to which I have never received any such proof as you claim you sent. By not properly validating this account and continuing your collection activity you are in violation of the FDCPA and the FCRA. The FDCPA states you must cease collection activity until you have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, "verifying" the debt with the credit bureaus, and requesting my credit report via a "hard" inquiry. It is quite evident that no such proof of this alleged debt exists or you would have provided it in the previous year since it was requested. Iâ??m sure you are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act as well as the multiple violations your company is now responsible for. FCRA 1. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information. FDCPA 1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication 2. § 809. Validation of debts [15 USC 1692g] As per the FDCPA: § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of -- (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000 Your failure to follow these laws has forced me to draft a lawsuit against Asset Acceptance Corp. for the following: 1) Violation of the Fair Credit Reporting Act 2) Violation of the Fair Debt Collection Practices Act 3) Defamation of Credit 4) Negligence 5) Loss of Opportunity 6) Injunction seeking immediate court ordered relief from further credit damage. If you wish to resolve this matter, this will be your last opportunity to do so. Your tradelines and inquiries must be deleted from my credit files with the four major credit reporting bureaus (Equifax, Experian, Trans Union and Innovis) by June 14, 2002 and you forward a letter to me stating they have been removed and will not reappear on my credit reports again by you or another collection agency. If you do not delete this information from my credit reports, then my lawsuit will be filed, June 14, 2002. If you wish to notify me that you are agreeing to delete all information from my credit reports and closing this matter, you must call prior the close of business on Friday, June 14, 2002. I can be reached at . Sincerely, Laurie cc: , esq. Federal Trade Commission Better Business Bureau Florida State Attorney General
laurie33, Did you apply for and get denied creditwith the reason being "COLLECTIONS"? If so, then you have punitive charges to add to your lawsuit. Charlie
Lick it, stamp it, and send it. (well CRRR but you knew that) I like it. If they don't delete after that letter they are just asking for it. -Peace, Dave
You said clearing your credit with 4 major credit bureaus' who's the 4th??? I faxed a letter to them this week and also sent a letter CRRR. I asked for 2K to be sent to me in damages or i go to court. I faxed to Michael Beach Corp Counsel and also sent letter to his attention. They have until the 6th to respond which i know they wont.. then it's off to Court. Just got my letter back from BOFA showing they denied me and account which i fell on a few points short, but early that week i had enough points. The hard Inq by ASSET knocked me down... So can you say proof of damages!!!!!!! and on a %%$@#* account 13yrs old..........
Looks good Laurie. I have them on the same violations and just sent them my nasty "2nd Notice" letter. Your letter looks like it will wake them up...I hope mine will as well.
Laurie, Rule 11 is one of the Rules of Civil Procedure. Everyone threatens to go after legal expenses, but unless you are bringing the lawsuit in an attempt to embarrass, harrass or for other "frivilous" reasons...I believe its unlikely they would get them. Tell them to bring it on...lol. Good luck! L
backspace, let me know how it goes with them. I didn't think of asking for $$, just want to get rid of them. It's not a bad idea though.... charlieslex, I actually got denied by MBNA in Dec. and Asset was on my reports then so I could use that for damages, right? I did have lots of other derogs too so I'm not sure how that would work?
and on a %%$@#* account 13yrs old..... backspace ==================== Why is this still being reported? The 7 Yrs. was up Yrs. AGO !
Lbrown59 it's not being reported.. They are stupid. They just thought i'd be submissive.. The rep, told me eventhough it's not reporting and it's past the Sol and it's 13yrs old, i have a Moral obligation to pay it!!!!!!! Funny Right...
