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DV- need advice


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Need advice: I sent Asset Acceptance a letter to validate. They sent back a printout statement on their letter head with just my name and balance they say I owe. Secondly, they sent it to my father house. Why would they sent it to my father house? I had my current address on the validate letter. Third, this debt is SOL. Asset Acceptance is listed on TU & EXP reports. What should be my next step in this process? Thanks in advance.

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Why bother with validation if you are certain that its out-of-statute ???

Just send ASSet a cease and desist letter telling them to get lost - the debt is time-barred per your state statutes. Watch them though, they love to sue on dead debts and win because people are too scared to face them in court. If you fight them, they slither away w/o a whimper. They don't want a fight, they want an easy kill !

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Why bother with validation if you are certain that its out-of-statute ???

Just send ASSet a cease and desist letter telling them to get lost - the debt is time-barred per your state statutes. Watch them though, they love to sue on dead debts and win because people are too scared to face them in court. If you fight them, they slither away w/o a whimper. They don't want a fight, they want an easy kill !

I have been reading all the great info on this message board for a couple of weeks now and I must say this is awesome.

I have a lot of accounts that are 5 and 6 years old since last activity and I live in California which has a 4 year SOL. My question is if I just do a letter requesting removal based on SOL aren't they going to tell me to take a flying leap into a river. How do I actually get them to remove the info from the Big 3 CRA?

Below is my DV letter I was wondering if it could be analized by some of the experts on here.

Thank You Very Much

Randy

Dear CAPITOL ONE

I got a copy of my credit report recently and noticed that your company has placed an account in my report that you claim belongs to me. I do not recognize this so-called debt. My credit report references account #XXXXXXXXXXXXXXXX in the amount of $2,136.00. I dispute this debt in its entirety!

In accordance with the Fair Debt Collection Practices Act, I expect your company to validate this debt. Please provide me with copies of all applications, and contracts bearing my signature which would in any way obligate me to this debt. Please also send me a statement of account charges and all receipts signed by me, along with a copy of all payments and all other documents you have which would in any way justify the charges you are attempting to collect.

In accordance with the rules of the Fair Debt Collection Practices Act, if these items are not provided to me, by your company, within 30 days, I expect your company to drop this matter against me and to cease and desist all collection activities against me. Furthermore, under the rules of the Fair Credit Reporting Act, I expect your company to immediately delete this item from my credit reports, as there is no basis to report this account.

Furthermore, do not call me at home or at work regarding this account. All communication must be in writing only. Additionally, let this letter serve as notice that recording devices may be used by me to document any FDCPA violations.

I also expect your company to notify me in writing of your intentions regarding this account within 30 days of receipt of this letter.

Sincerely,

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I am curious if someone would give me a little advise before I send my DV letters. I posted my DV letter in my previous post and have all my little green post cards from post office ready but, I am curious if I should ad a line to my DV letter informing them SOL has expired.

Thanks in advance

Randy

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Maybe I have been asking the wrong question. I was really wanting to get started cleaning up my credit files and am torn between DV and SOL. Should I stick with my DV and ad a SOL line to my DV letter or should I go straight for SOL letter if SOL letter is the way, can someone help with a good SOL letter as I have not been able to find one here or anywhere else.

Thanks in advance

Randy

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DV's do not go to the OC. DV's are for the CA.

The SOL goes to the OC. That's where you work out a settlement (ie: if you want to see a dime, here's the terms).

Keep in mind that SOL does not prevent them from pursuing the debt (with the exception of Wisconsin), so they can still sue you and you'll use SOL as your defense. YOU have to prove SOL. Remember that.

Because they can collect on a timebarred debt, you have to approach the situation this way. As a CA, they know not only the FDCPA and FCRA, but SOL as well. But, like any typical CA, they fish for consumers who aren't in the know.

This is especially important when you point out the SOL has expired and they refuse to remove the collection entry. They know they're not getting any money, and by leaving that negative information on your files (remember, the FCRA states information that is to be placed in your file must be accurate, not everything reported to the CRA's must remain because it happened) that is a calculated and malicous act to make it a point to damage your credit.

There is no law stating information must be reported to the CRA's. There is no law stating information can be removed regardless how the CRA's feel about it (they are a repository of information, but suddenly decided it's time for them to take a more active role by magically rewriting the FCRA to suit themselves) and negative information does not remain for seven years - negative information cannot remain for more than seven years - there is a HUGE difference.

Don't let them push you around with these kinds of situations.

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