What is my next step?

Discussion in 'Credit Talk' started by haybreez, Mar 17, 2007.

  1. haybreez

    haybreez Well-Known Member

    I had sent a letter certified to Asset Acceptance, stating that they were listed on my CRA with an outstanding balance, this was IIB in 2003/ I said that they needed to delete this and pay me 500.00, I gave them 21 days to respond, or I would take further actions against them. Well Today I get a return letter from them, it reads as follows-

    We are in receipt of your correspondence. The information provided is not
    sufficient for us to process your request.

    If your request is regarding an account or an entry on your CRA from Asset please provide us with the following information.

    Asset Acceptance account number__________________(I gave them the number on my CRA, already, in the first letter.

    Original client account number_____________(Isn't this there responsibilty?)

    Social Security number___________________(I shouldn't give this right?)

    Current address and or previous address if less then 2 years__________( My address was on the letter, they sent me this letter.)

    Also provide us a copy of the trade line as it appears on your credit bureau.



    This is an attempt to collect a debt and any information obtained will be used for that purpose.

    It was included in IIB, they didn't mention anything about that? You cannot collect a debt that has been discharged!!!!!!!! Should I file AG and BBB?
    law suit? Send out a new letter? Please help.
    Origainal
     
  2. bizwiz41

    bizwiz41 Well-Known Member

    This is a stall tactic response letter. Reply with another letter stating the information requested was included in first letter. Send a copy of thier letter, your original letter, with your response. I would include a copy of the tradeline as evidence of their error.

    If you do not receive an appropriate response, within a reasonable time, then take your case to your state's Attorney General's office.
     
  3. jam237

    jam237 Well-Known Member

    To whose attention did you draft the letter?

    Just general to whoever opens it (even though making it to their attention doesn't guarantee that they'll be the only one to open it, it at least gets it closer to the right person).

    Address the follow-up (with a copy of the CIVIL complaint that you plan to file - and everything that was mentioned above) to Brad Bradley, President/CEO.
     
  4. haybreez

    haybreez Well-Known Member

    Thanks so much for the name.
    So I should send a copy of my CRA, just their part?
    Am I right not to want to give my social to them?
    Original creditor account #?-They should have this right?
    Send Certifiend again?
     
  5. jam237

    jam237 Well-Known Member

    Just write a new letter, with the copy of their letter, and the copy of the original letter.

    Anytime that you believe the company owes you damages, you want to make sure you include a drafted complaint though.

    At least... :)
    807(8) - communicating false credit information (a) that the account has a balance (b) that the account was not included in BK.

    Oh, and if you disputed it through the CRAs as IIB; then 623(b)... :)

    A BK expert would have to point out BK act violations; which would be actionable.
     
  6. haybreez

    haybreez Well-Known Member

    I'm sorry waht is 807 & 623?
     
  7. jam237

    jam237 Well-Known Member

    Look at the FDCPA & FCRA...

    807 - FDCPA - false and misleading representations (8) reporting or threatening to report false credit information.
    623 - FCRA - duties of data furnishers (b) failure to conclusively verify a consumer's dispute through the CRA with 100% complete, accurate, and verifiable information.
     
  8. haybreez

    haybreez Well-Known Member

    Thank you! :)
     
  9. credit1

    credit1 Well-Known Member

    Never give them this info. They will use it against you.
    What you have found is they possibly no longer have your records and cannot fix the problem. Which may be good for you.
    Have you disputed the item as not mine? because techically if it is reporting incorrectly, it is not yours.
    You may be able to get the whole thing removed. if they do not have the info they are asking for how would they ever verify it is yours?
     
  10. jam237

    jam237 Well-Known Member

    DON'T DISPUTE AS NOT MINE ANYMORE.

    In this case, the OP has a SPECIFIC DISPUTE; Johnson v. MBNA, when they have a SPECIFIC DISPUTE, the DF must conclusively verify the SPECIFIC DISPUTE, or DELETE.
     

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