Last year I disputed a TL placed on my CR's by Asset Acceptance as "NOT MINE". Sent 2 DV's which were, of course, ignored. Sent copies of the DV's and CMRRR's to the CRA's and they deleted the TL because the information could not be verified (I guess). About 2 months later, I noticed a hard inq. on TU report made by Asset Acceptance. Didn't do anything about it. This week I received a demand for payment from "Credit Management Control, Inc." out of Racine, WI. on behalf of Asset Acceptance. I prepared the following letter, and I'd like to hear from ya'll if it needs editing. To whom it may concern, I am writing today in reference to the demand for payment from your company, which I received on March 21, 2004. Although I have been at my current address since June of 1999, and filed a change of address form at that time with the United States Postal Service, prior to finding its name on my credit reports in June of 2003, I had never heard of or from Asset Acceptance LLC. I had never received any correspondence from Asset Acceptance LLC concerning their claim to this debt, yet they have been reporting it since July of 2001. After discovering their company name on my credit reports, I attempted to contact this company twice (8/28/03 and again, 9/29/03) via certified mail return receipt requested, disputing this debt as not mine and demanding validation of the debt. Although I have receipts to prove these letters were received, Asset Acceptance LLC failed to respond to my reasonable and legal request that they prove the validity of their claim. They have had ample opportunity to provide the documentation I requested. Furthermore, they evidently could not verify their claim to the credit reporting agencies that removed it from my credit reports, as required of them by the FCRA 611(5), after investigating my disputes to them concerning the validity of Asset Acceptance LLCâ??s claim to this alleged debt. It is my opinion that Asset Acceptance has provided you with inaccurate information in an attempt to perpetuate their invalid and unverified claim to this debt. For all the reasons outlined above, I do not acknowledge the validity of Asset Acceptance LLCâ??s claim that I owe them any amount of money, nor do I acknowledge your companyâ??s right to pursue this claim. This letter is to inform your company that I request that you CEASE and DESIST in your efforts to collect on the above referenced account (see letter attached). I am making this request under the FDCPA (805)(c). You are hereby instructed to cease collection efforts immediately or face legal sanctions under applicable federal and state law. Thank you, Any opinions?
Well, good job Jo. This is how it's supposed to work. You don't need a letter for Credit Management Control because we already have one. Subsequent CA Strategy. I've posted much about CA's selling or assigning a debt to a subsequent (unsuspecting) CA because you demanded validation that they cannot provide. This issue affecting a lot of people. Assuming you demanded validation that never came, or was inadequate, I suggest you take it upon yourself to "notify" the subsequent CA of the debts FROZEN status. Send CA2 &3 &4 & whatever, the following letter. Obviously you'll want to customize it to fit your situation. Dear CA#2, It is a well settled legal principle that all opportunity for resolution must be extinguished before legal action can take place. This notice should be considered constructive notice. Ca#1 has sold/assigned ("dumped upon") you a NON-performing, illegitimate debt, the collection of which has already been frozen by my demand for validation, via FDCPA. My demand was sent xx/xx/xxxx and signed for on xx/xx/xxxx by John Smith, at [insert address]. Follow-up letters were sent, blah, blah, blah. Your ignorance of this fact does not release you from legal exposure. Both you and CA#1 are in violation of Federal Law for (but not limited to) continued collection activity on an alleged debt, the collection for which MUST CEASE until valid proof is sent "to the consumer by the collection agency", pursuant to FDCPA § 809. Validation of debts [15 USC 1692g] (b) May I suggest you return this account to CA#1 and demand your money back, PLUS compensation for your wasted time, pursuant to the "qualifying RECOURSE accounts provisions" of your purchase/assignment contract. I further demand that you immediately delete the trade-line you have inappropriately inserted on my credit report. YOU HAVE REPORTED INCORRECT INFORMATION! You have 5 days to cure. OR ... If you report this derogatory item to any credit reporting agency you may be sued. Any further communication from you before I receive the demanded proof of this alleged debts validity via federal and case law and I will instruct my atty. to begin drafting a formal complaint. Regards, Enclosures: 1) Copy of original and all subsequent val demands 2) Copy of return receipts & green cards cc: My atty. staff There's actually a lot of stuff you can do with this. The purpose of the transfer to CA#2 is so blatently obvious that it's pathetic. The purpose of course, further collection. You could copy the OC and tell them they are also responsible for the violations of their CA's. You could write to (and copy) CA#1 and demand they "retract" the file from CA#2 as "Submitted in error". Etc. Let us know what happens. Butch,
Thanks Butch! You are a real sweetie! I love that letter! I haven't gotten current copies of my cr's yet, just sent for free copies citing the new Fair and Accurate Credit Transactions Act of 2003 (Section 501 and 502). Hope to get them sometime in the next week. I don't know if this new CA has posted the TL yet, as it was only assigned to them recently. The date of their letter was 3/19. They can't report the TL prior to the 30 days they are required to allow you to dispute, can they?
Re: Re: Need an opinion There's nothing that would prevent them from doing so. Many wait as a courtesy. I wouldn't wait Jo. I'd do it right away. .
