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Urgent, Please Help… (incomplete account number)


mammamia
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Recently, after pulling from my credit report from all 3 CRAs online, I found a CA appears on all 3 of my reports. This account as I recall was a default credit account whit DOLA in late 1997. The CA may have purchased this account from another CA who purchased from another CA who might be assigned from the original creditor. Now, I do understand to send a DV letter to this current CA. But the account number shown on the reports only has a partial number with a suffix of xxxx. On the report, it says, for security reason, the last couple of numbers are omitted. (i.e. 1234-567-xxxx)

My question is that does a complete account number is required to send a DV letter to this CA. I was worried about they may complain that they don’t know the account due to the incomplete account number I provide. Don’t know if anyone has experienced this thing before. I have called the 3 CRAs but they all have the automated systems ask me to order another credit report. And I am not sure if I order via snail mail, the account number will appear as a full number.

I have already disputed online with all 3 CRAs regarding this account, now I am about to send a DV letter to this CA. I am living in Connecticut, so the SOL is 6 years for an open account like CC. I would highly appreciate that anyone here who stops by to give me directions.

I really love this board. I saw people are helping each other to refine our lives.

Thanks in advance!

Mammamia

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I'm new, but I can tell you what I did last week. I used the account number exactly as it was listed on my CR. The CA will find it... and something I have learned since I sent out my DV last week. DONT SIGN IT!

Just leave your name typed.

There are reports of nasty CAs lifting your signature and using it for nefarious purposes...

Who is the CA by the way? Lots of peeps here with lots of experience with individual agencies.

Good Luck.

J

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If this account first went delinquent in 1997, then its nearing the 7 year mark for reporting. You migh try disputing this with the CRA's as obsolete since its so close to the 7 year mark. You might get rid of it w/o dv'ng them. Besides, the SOL has run out, DV is not necssarry. If they try to collect, send them a C&D letter telling them to go away, the debt is time-barred, never contact you again.

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This CA is called Asset Acceptance LLC located in Michigan. I have a DV letter template but I don't have a C&D letter. I don't know how to write a C&D letter to efficiently stop them.

P.S> Does this CA has licence to collect debt in Connecticut? Or it just need licence and bond to operate in Michigan.

Thanks in advance! :roll:

Mammamia

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Which state are you in, Mich or Conn? You can find the links here in this forum to check licensing requirements and where to check for individual CAs. Check the Sticky posts at the top of the forum.

If you have trouble, I have some time and can look for you.

J

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I am in Connecticut now since 1999. But the account went delinquent in Michigan back to 1997.

In my case, since it is time-barred, I may only send them a C&D letter and mention the licence if applicable. I don't know how to check this Asset Acceptance LLC's licence. But a good C&D letter template is what I really wanted to stop them.

If it possible, I really appreciate anyone can post a C&D letter template here.

Thanks, jayaspinall and LadynRed.

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http://community-2.webtv.net/YCHANGE/STORAGE/page13.html

Thats an SOL letter example...

http://www.lawdog.com/states/ct/st1c.htm

Thats what there is regarding CT collection requirements... You can also find other info at the lawdog site. Very informative.

and here is a C&D example

http://creditinfocenter.com/forms/sampleletter7.shtml

good luck!

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Since you're the one initiating the communication witht he CA (based upon you seeing it on your CR) a Cease & Desist letter isn't necessary, at least at this point.

As far as the licensing issue, I know for a fact that CT has very stringent, and well enforced, collection laws. Part of that is a residency requirement for CAs. In other words, if they are collecting, or attempting to collect against ANY CT residnets, then they MUST be licensed in CT, as well as have a physical presence in that state.

Hope this helps.

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Your info is spot-on. However, in this particular instance, there is no need for them to be licensed in CT since they haven't attempted communication/collection.

But by placing something on the CR they have taken a collection action (Cass?) that they cannot legally do. That would by definition be a FCRA violation since they have no legal right to take action.

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An inquiry on a CR, at least as far as I recall, does not constitute an attempt to collect a debt, nor an attempt to communicate with the debtor.

As I've stated in a previous post, CAs use the CR as a tool for a number of different functions to aid them in either locating the debtor, or verifying the financial status of a debtor.

An entry on a CR, in and of itself, wouldn't be classified as an attempt to collect.

But then again, I've been wrong before......... :D

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An inquiry on a CR, at least as far as I recall, does not constitute an attempt to collect a debt, nor an attempt to communicate with the debtor.

As I've stated in a previous post, CAs use the CR as a tool for a number of different functions to aid them in either locating the debtor, or verifying the financial status of a debtor.

An entry on a CR, in and of itself, wouldn't be classified as an attempt to collect.

But then again, I've been wrong before......... :D

This thread is about actual trade-lines not inquiries. You're right that inquiries are "permissable purpose" under this discussion. But, an actual trade line is a collection action. In this case if they are not licensed, they have no legal right to collect, and therefore violated the FCRA by placing tradelines on the report that they have no legal claim to.

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I thought that I have read that adding a collection account to a CR is in fact considered a collection attempt. I will have to find that and re-post.

Yeah, it's in the FTC Opinion letter "Cass." I'm checking to see if there is a specific opinion letter about putting in tradelines that there is no legal claim to.

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I agree that this is about actual trade-lines. The problem that I see with your logic however is that if you follow that through, then what you are saying is that every CA MUST abide by the collection laws of every state that any debtor could potentially move to.

My contention is that a CA legally licensed to do business in state X, is legally allowed to make a valid entry to a CRA.

Credit reports are not generally considered to be a tool exclusively, or predominantly, used to collect past due accounts. Their primary intent and function is to provide present and future creditors with a metric to measure the credit worthiness of applicants.

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I agree that this is about actual trade-lines. The problem that I see with your logic however is that if you follow that through, then what you are saying is that every CA MUST abide by the collection laws of every state that any debtor could potentially move to.

My contention is that a CA legally licensed to do business in state X, is legally allowed to make a valid entry to a CRA.

Credit reports are not generally considered to be a tool exclusively, or predominantly, used to collect past due accounts. Their primary intent and function is to provide present and future creditors with a metric to measure the credit worthiness of applicants.

But wouldn't a normal chain of events go something like this:

CA buys or gets assignment of account

CA pulls CR

CA sees current address of debtor

CA knows that they are not licensed in debtors state

CA goes to the next account.

We know they are not normal, but still. I would think it is a resonable assumption.

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Actually it is more dependent upon how the agreement with the OC is structured.

Some creditors refuse to allow entries to be made on the CRAs, whereas others require it be done upon receipt of the account for collection, while still others specify that it be done only after an address has been located & verified.

It would seem to me that in this particular instance, it is likely that the OC mandated the CRA entry.

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I agree that this is about actual trade-lines. The problem that I see with your logic however is that if you follow that through, then what you are saying is that every CA MUST abide by the collection laws of every state that any debtor could potentially move to.

My contention is that a CA legally licensed to do business in state X, is legally allowed to make a valid entry to a CRA.

Credit reports are not generally considered to be a tool exclusively, or predominantly, used to collect past due accounts. Their primary intent and function is to provide present and future creditors with a metric to measure the credit worthiness of applicants.

The FCRA specifically demands that furnishers of information have to have a legal right to insert the information. How can a company put an "accurate" trade line on your report when they have no legal right to even talk to you about it?

The fact is these CAs know that they have to be licensed in a lot of places, but it costs $$ to do so. Can't expect an industry that operates on greed to want to pay out anything they can get away with not paying...

Check the link for Doc's opinion:

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=13487&highlight=

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In my particular case I cant imagine the OC mandated anything since the account is 16yrs since last payment.

In any event, I've requested a letter from the FL DoFS stating they are not licensed here which I should have in hand by the end of the week. I'm noting all their Federal and State violations and getting a really good C&D put together which I will send to them in 2 weeks or so which will also demand that they remove the account. We shall see what happens.

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