Asset Acceptance still at it

[russeal]

What is the name of your state?
NE

I have sent a letter demanding validation to AA. Their lawyer has since filed to dismiss the case they had filed against me because they do not have the documentation asked for and required. I have recieved the notice from the court of the dismissal (it is dismissed without prejudice of course).

Today, in the mail I recieved their "validation" letter. It consist of what they says is "an account statement prepared with the use of information provided by the prior creditor". It is on their letter head of course. Has a statement date, prior account number, prior/original creditor, my name, principal, interest/fees, balance, last transaction date, and my personal info. It in no way fulfills my demands, or what they are required to provide.

I have prepared a 2nd letter of validation, stating that they have not provided adequate validation. I have further demanded that it be provided with in 15 days of recieving said letter, and if not, that all activity against me cease, and that all credit reporting agencies be informed that they do not have proper validation and that all references to this claimed and unvalidated debt be removed. Also that if the alleged debt is sold, they will be informed that the debt was not sold in good faith and that the SOL has expired.

Also stated that any ifflegal activity would be reported to proper authorities.

Just wanted to know if I am missing anything. I am demanding full validation, again, sending copies of their letter, and send it certified with retrun reciept.

Thanks again.

 

[cmorris]

Is it out of statute? If you are sure that it is, why bother with the validation? Just send them a letter, stating the alleged debt was not properly validated, but is out of statute regardless. Tell them to never contact you again. Certified mail return receipt, of course!

Have you tried the 1-2 punch? After sending a validation letter, CMRR, you dispute the debt in writing (CMRR) with all credit bureaus. The collection agency then has 30 days (45 if free report) to provide the validation. If they verify the tradeline before sending validation, there is a violation of federal law. If they can't verify it, it gets deleted. If you try this, do not send a full cease and desist (1st paragraph).

 

[yanni72]

What do you mean by...

If they verify the tradeline before sending validation, there is a violation of federal law. If they can't verify it, it gets deleted. If you try this, do not send a full cease and desist (1st paragraph).

Are you referring to the CRA verifying the tradeline before the CA sends validation or are you referring to the CRA's all together. Please clarify.

And...why not send a full cease and desist?

 

[jamied66]

What do you mean by...

If they verify the tradeline before sending validation, there is a violation of federal law. If they can't verify it, it gets deleted. If you try this, do not send a full cease and desist (1st paragraph).

This part only applies if you repsonded to their original dunning letter within the 30 day window. If you did, and they validate with the CRA's without providing you with proper validation, it's an FDCPA violation. $1k statutory fine

Are you referring to the CRA verifying the tradeline before the CA sends validation or are you referring to the CRA's all together. Please clarify.

And...why not send a full cease and desist?
because if they can't contact you at all then they can't mail you proper validation. send a LIMITED C&D, only stuff in writing. no phone calls

Good Luck!

 

[cmorris]

Actually, a CA still has to send validation before verifying the tradeline. It is only during that 30 day window the CA has to stop collection activity. After 30 days, they can still try to collect. You can do the 1-2 punch anytime.

OP, here is an example of what I mean:
-You send a validation letter to ABC Collectors.
-You send a dispute letter to Equifax.

Scenarios:
-ABC Collectors verifies the tradeline (says the information is correct to Equifax) but you have no validation. This is a violation!
-ABC Collectors does not verify the tradeline (they ignore the request). It gets deleted because Equifax does not get any information.
-ABC Collectors send you validation first, and then verify the tradeline. It stays on your credit report.

If the tradeline is on all the bureaus (Equifax, Experian, and TransUnion), the above applies to ALL.

Jamied is correct about the full cease and desist. In addition, the collection agency may just sue you over that.

 

[russeal]

My demand for validation was not done within the 30 days of recieving their first letter. It was done after they had filed suit. It did stop the suit from continuing. The SOL has now expired, but I find these people, putting it nicely, to be very annoying.

Only after that did the very lame validation letter come from them. I have prepared the 2nd demand for validation. In it I have instructed them to respond with in 15 days or leave me alone and remove everything from the credit reporting agencies. Should I add that anything but a complete validation will be considered a non-response?

Nest step, after recieving the green slip from the post office, is to contact the credit reporting agencies and tell them that the debt is not mine, and add nothing else. It is then the job of the CA to provide the validation or the CRA removes the time line. Correct?

Thanks.

 

[cmorris]

Did the CA drop the suit, or is it pending? I think you are on track. I doubt it matters about the non-response.

Go to creditboards.com--it is very helpful. They even have a forum for people that have been sued. You will probably find it useful.

 

[lrm216]

Asset Acceptance

I may be incorrect; however, I was told that as long as the collector filed suit within the sol - that no matter how long it takes to get through the court, it remains a valid claim even if the sol runs out while still with the court. Also, I do not believe that once a collection agency actually has a subpoena served on you, that they have any obligation to validate. Any of you professionals out there want to correct me if I am mistaken, please do.

Linda

 

[cmorris]

I may be incorrect; however, I was told that as long as the collector filed suit within the sol - that no matter how long it takes to get through the court, it remains a valid claim even if the sol runs out while still with the court.

**Agreed. That is why I asked if the CA dropped suit (didn't want to fight; thought it would be an easy default judgment). If it is just pending, SOL doesn't matter and can't be used as an affirmative defense.

Also, I do not believe that once a collection agency actually has a subpoena served on you, that they have any obligation to validate. Any of you professionals out there want to correct me if I am mistaken, please do.

Linda

The courts can make them validate if it is brought up--more likely if the individual had no knowledge of the debt.

 

[Ladynred]

$1k statutory fine

No, its not. The FDCPA says the fine can be UP TO $1K, you could get $10 or $100, but $1k is NOT guaranteed. Its also 1K max PER ACTION, not per violation.

 

[russeal]

The attorney for Asset Acceptance has asked te couurt to dismiss the cases because they do not have the documention and has since been dismissed (without prejudice, but even this would mean a refiling of a claim that has now passed the SOL).
Now the SOL has expired by all readings of the not very specific Nebraska statutes. Even without that, because it was a credit card debt, it would be an open account and would have been expired even at the time that they filed.
Sorry, where does the $1K come in? I don't want money from these guys, but I wouldn't mind if they lost some money on the deal.

 

[cmorris]

Don't worry about the $1K thing--it's not important right now. If the suit is dropped, I would use the expired statute of limitations as an affirmative defense, should you be sued again.

Do the 1-2 punch and I think you will be okay. Since you are trying to get this off of your credit report(s), do not send a full cease and desist.

Go to creditboards.com--lots of info to help you.