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Not wanting to copy the letters here


legend
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This more better? (sarcastic grammer here heheheh)

Dear Sir/Madame:

Upon a recent review of my credit report, I see you have a collection account listed as open for what appears to be a Providian account. I don’t recognize this as ever being an account of mine, nor have I received any mail solicitations from Providian directly, or anything from your company in any attempt to collect on this alleged debt.

This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

I demand you refrain from calling my home or place of employment. I figure this communication to you may lead to an onslaught barrage of harassing phone calls, and rude professionalism on the part of Assett Acceptance.

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me!

Sincerely,

Not playin your games

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Do to the overwhelming number of Debt buyers, and Debt Collectors who use unethical means to collect on any alleged debt today, I find myself having to apologize up front for having to ask you to cease and desist all of your collection activity until this matter is straightened out, and that you refrain from calling my home or place of employment. I fear this communication to you may lead to an onslaught barrage of harassing phone calls, and rude professionalism on the part of Assett Acceptance. I base this on information of past complaints by many others regarding your company which can be located anywhere on the internet if one wishes to look into a company’s reputation.

First word should be [Due] not [Do]. I would take out the part about apologizing for asking them to cease and desist collection activity and verbal communication. The thought is nice, but I don't think they've done anything to warrant nice. From my own experience with Asset, they will call you nonstop to collect, and aren't very pleasant. You don't have to be nice to them, just ask them to please not contact you by telephone, as you like to have documentation of ALL correspondence with them. You don't have to explain your reasoning to them. In addition, the FDCPA states that they must cease and desist all collection activity until they provide the consumer with the requested validation. It's not a choice on their part, it's the law.

and your tacit agreement to compensate me for costs and attorney fees.

I don't think this part is necessary at this time. Take things slowly; unless you have basis or the intention to sue them right now, there's no need to mention anything about compensation and attorneys. Build up your violations first.

Overall, really nice letter though. Looks and sounds much different from the one I use. :) Good luck!

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Personally speaking I would not send a letter resembling that to a flagrant bad debt buyer like Asset Acceptance Corporation. You would want to construct a letter so as to get the reader to weap rather than laugh. The tone of your letter in my opinion sounds as though it's coming from a scared rabbit as opposed to one coming from a writer who is going to make them prove they are legally entitled to collect, and further had better do so timely or there is no chance in hell they will ever ever see a dime out of court! Understand that collectors are trained to pierce soft spots and they tend to be more aggressive with people who take their phone calls and write them letters of apology, etc. The bottom line is to collect as much as possible of the amount owed using any emotional or legal means possible and notwithstanding personal circumstances because obviously barring circumstances they probably would never have ended up acquiring the debt in the first place.

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Hmmm thank you both for your honesty, apparently this isnt the type of letter to use in dealing with these people. I havent received anything from them ever, but they ARE on my credit report, so I dont know how nasty they can be other than what Ive read about them. Hmmm I scrap the letter, it's final and I will rewrite one.

I kinda thought it was Due not Do... but then I thought Due was when a dollar amount was Due? pardon the pun ^_^

Edited the above original letter

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I think I wouldn't even put in.. "This is not a refusal to pay"

Dont mention money.. just say"This is a request for validation of this account"

and Due.. can me in connection with or like money due

Due to the storm, we couldn't fly the kite.

Get it? LOL :D:D

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I would certainly include the phrase "This is not a refusal to pay..." The phrase provides you with a measure of protection and allows you to claim that you were negotiating in good faith but you just couldn't seem to figure out how they arrived at the figure they claim you owe, unless of course, they re-aged the account and additionally were charging you interest during a time period when the didn't have any authority to collect the debt. You can use your DV letters as evidence.

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The letter sounds much better! :)

I havent received anything from them ever, but they ARE on my credit report, so I dont know how nasty they can be other than what Ive read about them.

I don't think it's legal for them to report it if they have made no attempt to collect from you. When did you first notice the listing on your report? Review the FDCPA -- § 809. Validation of debts [15 USC 1692g].

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I would certainly include the phrase "This is not a refusal to pay..." All of A$$ets court filings make repeated mention that the debtor REFUSED to pay (see my post in "Is there a lawyer.." for links to actual A$$et court filings including their use of the "Affadavit" within the last 30 days). The phrase provides you with a measure of protection and allows you to claim that you were negotiating in good faith with A$$et but you just couldn't seem to figure out how they arrived at the figure they claim you owe, unless of course, they re-aged the account and additionally were charging you interest during a time period when the didn't have any authority to collect the debt. You can use your DV letters as evidence.

Interresting. Of course if you produce your own letters showing that you want proof, then a refusal to pay is warranted until proof is provided. If Asset is using that in their court papers, they are just stupid since that is easily rebutted. "Yes I refused to pay until they showed evidence that the debt and their right to collect was legitimate, your Honor. You wouldn't give a complete stranger money out of your wallet if they accosted you on the street and said you owed them money would you?"

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