irishmalemark Posted November 3, 2004 Report Share Posted November 3, 2004 Sent 2 USPSRR DV letters to ASSet and they are ignoring me. I also learned from both EQ & EXP that they are representing an old Providian CC as a CA. But get this, they have listed account open 01/04 and DOLA of 09/04 the other account they are allegidly collecting on dates back to 1999. WTF? how can they date it as such?They obviosuly have no proof but the TL is keeping me form a refi. How do I get them to respond? Both EQ & EXP won't do squat although I have not sent them my letters yet. They are referring me to Asset to remove, but I can't get asset to furnish any proof.I really want to sue Asset and I am looking forward to it but not sure they have violated anything except not responding to me. Im in MI so I know its no big deal for Asset to send over a local junior attorney.Any help would be great. Link to comment Share on other sites More sharing options...
DocPC Posted November 3, 2004 Report Share Posted November 3, 2004 Send an ITS that mentions the re-aging and that they are causing actual damages by falsely reporting this innacurately.Be prepared to follow through. Send it CMRRR. Link to comment Share on other sites More sharing options...
irishmalemark Posted November 3, 2004 Author Report Share Posted November 3, 2004 What violation do I have? what provision in teh FDCPA do I threaten to sue them under?Frankly, I hear they can be tough so I may be waking a sleeping dog....but I am prepared to fight them I have nothing to lose and hopefully cash to gain. Link to comment Share on other sites More sharing options...
DocPC Posted November 3, 2004 Report Share Posted November 3, 2004 Re-aging is one. They will rack up more as you go. You need not quote the Law to them as they are fully aware of it. They hope that you are not. Link to comment Share on other sites More sharing options...
irishmalemark Posted November 4, 2004 Author Report Share Posted November 4, 2004 I need to know what FDCPA provision to sue fro on the summons.... Link to comment Share on other sites More sharing options...
tropicaljo Posted November 4, 2004 Report Share Posted November 4, 2004 Irish... The FDCPA provision that you are looking for is 605©, Running of the reporting period. They've also obviously verified their information with EX without validating it to you. (How many times have you disputed with EX on this account? How many times did Asset verify after they recieved your first dv?) I've had lots of personal experience with Asset Acceptance, and they won't answer your dv's. If you do a little research on them, you'll find that they are well known for violating many of the FDCPA provisions. Since you've dv'd them twice, are they now reporting the account as in dispute? If not that's another violation (FDCPA 807(8) & I think FCRA 623). If it were me, I'd go ahead and send the ITS and give them something like 15 days to prove it or delete it. Someone else may have a better suggestion on the time you allow. Next, send copies of your dv's and the ITS to EX and let them know that they are reporting incorrect information and that all of your attempts to contact the creditor have been ignored, that you are prepared to also file suit against them for damages to your credit ability. Good luck! Link to comment Share on other sites More sharing options...
irishmalemark Posted November 5, 2004 Author Report Share Posted November 5, 2004 Jo,I have not disputed w/ CRA's yet but I am finalizing the letters as we speak. As you suspected, ASSet has it labeld as: "Seriosly Past Due" Account Disputed by Consumer" "Referred to Subscribers Legal Dept"I have done my reseacrh since they are in the Detroit Metro area near where I am from. the CEO lives in Detroit Metro area as well. I will admit, they are doing something right their IPO was a success on wall street so they have the legal resources I would suspect.I am concerned that having the TL as "diputed" although unverified they may be avoiding a law suit since techniclly they are not trying to actively collect. Also, should I sue EXP & EQ as an accesory for continueing to report unvalidated TL's? Link to comment Share on other sites More sharing options...
tropicaljo Posted November 5, 2004 Report Share Posted November 5, 2004 Good morning Irish! The bad news is that you have a long way to go yet before you can sue anyone. You should never even threaten to sue until you've tried every other alternative. When you send your dispute letters be sure to include copies of your DV's to Asset, and copies of your reciepts and green cards. It would be really nice if they'd delete for you with just that one letter, but don't get your hopes up. Me? I'd wait for their reply and if the trade lines aren't deleted, then write an estoppel/ ITS to Asset and give them 15 days to either delete or .... When they don't respond to that, make more copies of everything (including your estoppel/ITS) and dispute again with the CRA's and tell them that if they continue reporting unvalidated information that they will certainly be named as co-defendants in your upcoming lawsuit against Asset. (2 unanswered dv's and an unanswered ITS gives you better proof that you've been reasonable.) You are right that Asset has covered their a**'s by reporting that the alleged trade line is in dispute. However, there is some support for the opinion that by their continuing to report an unvalidated debt, they are actively pursueing collection. The thing in your favor here is that when you dispute with the CRA's and Asset verifies the information after failing to respond to 2 (?) dv's, you got a provable violation.Asset has several mailing addresses. I have one for Warren, Michigan and another for San Antonio, TX. They are a nationwide company, but don't let that intimidate you. They may have excellent legal resources, but their collection agents are still putz's that regularly violate the laws, and you've got a pretty good source for legal advice right here at CIC. When it gets down to the time to sue anyone, there are plenty of legal types here who will be delighted to help you make sure all your bases are covered. Link to comment Share on other sites More sharing options...
irishmalemark Posted November 8, 2004 Author Report Share Posted November 8, 2004 JoThank you for your insight and encouragement I am now ready to win back my good credit name! I will do as you explained and send teh estopple letter & ITS. As awell as send teh CRA's copies of my certified letters to Assett.One final point, I just received a recnt copy of my EXP and Assett has this account has opened Jan 2004 and I have "proof" that this account they are collecting on was opened in 2000. I belive I at least have them for re-aging. Link to comment Share on other sites More sharing options...
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