What are these........stall tactics?????

[hendu]

On 12/15/2004, I sent CFC Financial an "incorrect DV letter". On 01/07/2005, I receive a letter from Asset Acceptance saying: " In regards to the above mentioned account, we understand that you are claiming fraud. Please send any documentation which would substantiate your claim. For example:

1) a letter from the original creditor stating fraud

2) a copy of the police report stating fraud

3) a notarized affidavit that can be obtained from the FTC

4) a copy of a credit bureau Fraud alert.

This is an attempt to collect a debt............"

I NEVER CLAIMED FRAUD!!!!!!!!! As I said before, I sent a simple DV letter! They are also saying that they are now Asset Acceptance, no longer CFC Financial. Do I send another "incorrect validation" letter to them or use more drastic measures for them trying this bulls**t!!!!!!!!

[willingtocope]

Sounds like Asset bought the debt from CFC (or is collecting on their behalf)...and yes, it is a stall tactic.

Not quite sure what you mean by an "Incorrect validation letter", but I'd suggest you send one to Asset.

[hendu]

No, they have not bought the debt, CFC is now Asset. That's what I thought at first, but I read the small print and it said that they are now known as Asset, no longer CFC. What I mean by "incorrect validation" is that when I sent the first DV letter to CFC, they sent a computer generated print out with my name and the amount they claim I owed them. I then sent them a letter which said to the effect:

"This letter serves as notice that your attempt at account validation is incomplete as outlined in the FCRA and FDCPA. You must, at minimum, provide the following information.

•A complete accounting of all transactions from the inception of the alleged debt until the date your reply is mailed. It must include every charge, fee, collection and attorney fee, as well as payments made and interest assessed.

•You must provide me with a complete original copy of the contract bearing my signature.

•This information must come directly from the original creditor and must be current information."

So should I take a different way of attack? CFC is the old name for Asset. So if I send another letter, it will then be the 3rd letter that I have sent.

[willingtocope]

I'd suggest you just respond to the address on the latest letter you received from them with another DV...including the lines you have about proper validation...and, including copies of the letters you've sent before.

You might also point out that this is now your 3rd attempt to validate this debt...

Just keep building up the paper trail...

[booger69]

Asset has a bad reputation. Maybe a summons will help them move faster if you are out of statute or have violations on them. I am about to hit NCO and RMA for failing to validate while reporting to the CRA's (violations include non PP & re-aging a debt). Good luck.

[ghacorp]

The DV request was not in proper form so therefore AA would normally respond like that. Signed contracts are not required because they usually don't exist with cc agreements. Civil procedure is based on preponderance of evidence and not reasonable doubt as in the criminal courts. Essentially all AA has to do is to be able to prove to a judge this is reasonably your debt and they have properly acquired it, etc.

As so many debtors have been claiming ID theft, bill collectors are wising up by requesting police reports, affidavits, etc.

[biltmore]

Without an original contract bearing the consumers signature taking responsibility for the debt, then how is the debt being validated.

It only makes sense to me.

[hendu]

The DV request was not in proper form so therefore AA would normally respond like that. Signed contracts are not required because they usually don't exist with cc agreements. Civil procedure is based on preponderance of evidence and not reasonable doubt as in the criminal courts. Essentially all AA has to do is to be able to prove to a judge this is reasonably your debt and they have properly acquired it, etc.

As so many debtors have been claiming ID theft, bill collectors are wising up by requesting police reports, affidavits, etc.

Yes it was in proper form....I have asked for validation on a couple of debts and the CA folded like a cheap suit and deleted the entries. The only reason I am asking about AA is because of their rep.