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I got a DV Responce from Asset

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Hi,

Thanks in advance for any assistance you may have.

I recieved a dunning letter with the mini-meranda from Asset Aceptance and replyed with a DV letter that requested the following:

What the money you say I owe is for;

Explain and show how you calculated what you say I owe;

Provide copies of papers that show I agreed to pay what you say I owe;

Identify the original creditor;

Prove the SOL has not expired on this account;

Show me you are licensed to collect in my state

Provide me with your license numbers and registered agent

(The stadard DV letter from this site)

They replyed with a very polite letter and an "Acount Statement" they created inhouse.

Their acount statement had the prevous acount # and bank name, and the amount owed broke out with principal ($1800) interest/fees ($1400) and a total balance ($2300).

It also has a last transation date of 6/8/01. I am in florida so it looks like the SOL will run out in about 7 weeks.

I have not disputed with the CRAs yet. I am not surw if I should get real real nasty untill the SOL is passed.

I have composed the letter to send to them (I borrowed from a few other people here):

To Whom It May Concern:

Thank you for responding to my request for validation of the alleged debt associated with the above listed account number. However, I previously sent you a request to validate the alleged debt under the Fair Debt Collection Practices Act and specifically stated that I was not requesting “verification” but it was a request for Validation. An account statement created by your staff not meet the Federal Trade Commissions guidelines of what constitutes proper debt validation.

As I mentioned in my earlier communication sent on xxxxxxxxx, be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested. Your organization has not complied with the FDCPA and is now in violation of the Act.

I look forward to hearing from you,

My Name

I have a couple of questions:

1. Should I dispute with the CRAs now or wait untill the SOL has passed.

2. Should I add/remove anything from my letter above?

3. Is there anything else I should do to keep them from sueing me before the SOL runs out?

Thanks again for your help!

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I can only give you a definite I do not know----the ball is now in their court--your responce has told them they have an educated consumer on their hands---so a lawsuit against you is iffy.

With SOL 7 weeks away.------gotta understand that even if asset does not have it together, their computers are programmed to remind them SOL is a coming.

So for asset its a to sue or not to sue. And to have any leg to stand on, they have to do it soon.

But chances are, they don't have the needed link back to the OC required to have a reasonable chance to win in court. And if they did they would have showed their hand at validation.

So be prepared for anything--even the old sewer service trick---and its your option on disputing with the CRA's--now or after SOL--but by all means send asset that I know what you sent me is not worth the paper its printed on letter.

And if Asset takes you to court--you must respond---and when you beat them make sure assets loss is as expensive for them as possible.--but its far more likely asset will simply resell the the paper--and by the you will be on the right side of the SOL.

But get other takes--its still your choice on what exactly to do.

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Dear Collection agency,

This correspondence is response to your letter, dated xxxx, xx, xxxx, that contanied a mere validation, provided with insufficent verification of the debt, your firm attempted to collect, without whatso ever any documentation of origination from the original creditor.( info did contain address of the origina creditor , deragatory action warning)

As you well aware of the fact that thirty days ago, I have requested full verification of the debt,you are asking me to pay,disputed by me is unconcious and uncollectable, by the virtue of Unified Commercial Code Article, 2 of section 2725.

Contrary, to the facts afforded by the decision BOATLEY plaintiff v DIEM CORPORATION Defendant, In The United States District Court of Arizona,the courts decided that It is indeed considered collection activity, when the accounts inquestion, is being reported as collection accounts.

I am sure your legal department is also aware of the fact that an original contract, bears my signature was requested, by the virtue of the decision of Brennan v Spears, It is not burden some or overlydue, the creditor or debt collector must and is indeed obligation to produce, agrements and documentation that existed with debtor wherein, he agreed to enter terms, with creditor. Coppola v arrow financial services.

Be advised, despite my attemps to correct the issues, and good faith, as well as speaking of my damages and mental retardation, emotional distress caused by your company, i feel that it is my duty to inform ypu which your company is now in violation of countless applicable federal statutues officially, as well as the the XXX state statues.

in the interest of brevity, I will refrain from listing the federal statues, contrary to the certified mails sent and traced, and you incompetent validation,was violated by your firm and I now demand that the accounts disputed be deleted immidiately.If i do not hear from you in the manner as i have requested,will I then be filing my legal suit against your firm.

I look forward to hearing from you, at your earliest convience.

Very truly yours,

Consumer

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So for asset its a to sue or not to sue. And to have any leg to stand on, they have to do it soon.

But chances are, they don't have the needed link back to the OC required to have a reasonable chance to win in court. And if they did they would have showed their hand at validation.

I have been reading the boards and have came up with this. Please tell me if I am right or wrong

I have 7 weeks left before SOL. They probably do not have the OC paperwork. Would they sue to buy time to get the OC paperwork? If I asked for the OC paperwork now in my followup letter would it then be a violation of the FDCPA if they sued before providing me OC paperwork? (continued collect without validating)

So be prepared for anything--even the old sewer service trick---and its your option on disputing with the CRA's--now or after SOL--but by all means send asset that I know what you sent me is not worth the paper its printed on letter.

What is "sewer service"?

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Just remember that , in any letter you send, you make it clear you deny the debt and dispute owing the item. That is the whole point of the law, ie, giving consumers a chance to raise a dispute. If you simply regurgitate statute and case law without actually saying why you need DV, you will look like you are avoiding the debt. If you do end up in a court, you will want the judge to see you were sincere , not just argumentative.

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Just remember that , in any letter you send, you make it clear you deny the debt and dispute owing the item. That is the whole point of the law, ie, giving consumers a chance to raise a dispute. If you simply regurgitate statute and case law without actually saying why you need DV, you will look like you are avoiding the debt. If you do end up in a court, you will want the judge to see you were sincere , not just argumentative.

Point taken, I have rewrote my letter accordingly:

To Whom It May Concern:

Thank you for responding to my request for validation of the alleged debt associated with the above listed account number. However, I previously sent you a request to validate the alleged debt under the Fair Debt Collection Practices Act and specifically stated that I was not requesting “verification” but it was a request for Validation.

An account statement created by your staff not meet the Federal Trade Commissions guidelines of what constitutes proper debt validation and more importantly it does not give me any information I can use to determine if this is my debt or not.

I have no knowledge or records of doing business with you or "The <state> National Bank". I have also never lived in <state>. Please send me proof this is my debt or cease contacting me and remove any entries you have made on my credit reports.

As I mentioned in my earlier communication sent on xxxxxxxxx, be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested. Your organization has not complied with the FDCPA and is now in violation of the Act.

I look forward to hearing from you,

My Name

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There should be a "does" after
An account statement created by your staff

I fixed that and changed my exit to "Sincerly". I figured it probably did not make sense to say "looking forward to hearing from you" if I never want to hear from them again.

To Whom It May Concern:

Thank you for responding to my request for validation of the alleged debt associated with the above listed account number. However, I previously sent you a request to validate the alleged debt under the Fair Debt Collection Practices Act and specifically stated that I was not requesting “verification” but it was a request for Validation.

An account statement created by your staff not does meet the Federal Trade Commissions guidelines of what constitutes proper debt validation and more importantly it does not give me any information I can use to determine if this is my debt or not.

I have no knowlege or records of doing business with you or "The <state> National Bank". I have also never lived in <state>. Please send me proof this is my debt or cease contacting me and remove any entries you have made on my credit reports.

As I mentioned in my earlier communication sent on xxxxxxxxx, be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested. Your organization has not complied with the FDCPA and is now in violation of the Act.

Sincerely,

My Name

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I got a new letter from Asset Acceptance. It would appear I have been moved to a new "Debt Collector" (new contact name) .

I am guessing this letter would be a clear violation of FDCPA 809b. I am not 100% of the best course to take. (I have done a timely DV) Do I do an ITS letter? Another DV?

Dear <VICTIM>

Have you considered that you may have sufficient credit available to satisfy your <State> NATIONAL BANK balance with ASSET ACCEPANCE LLC?

We can provide the following opportunities:

30% off your balance, resulting in a <~$1000> savings if you settle your <State> NATIONAL BANK account in full by <3 days before the date of last activity on their last DV response is 5 years old (I am in Florida, I have no idea what kind of debt this is, their letters just say “<State> NATIONAL BANK” ) >.

Debt to high to pay off in one lump sum? Contact <EVIL DEBT COLLECTOR> TollFree 1-800-yayaya to discuss manageable payment arraignments.

You can go to www.paymybill.com and pay..........

It may even be possible to extend the offer deadline .........

Settlement Balance <~$2000>

This is an attempt to collect a debt and any information obtained will be used for that purpose.

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:roflmao: Is that letter supposed to be a collection letter or a "You've Just Won a Grand Prize!!" telegram? They're making it sound like they're offering you the best deal of your life (despite your request for validation from Asset). Asset is getting more & more ridiculous w/ the CAs they hire.

Read around...A$$et's a B*TCH!!!! :evil:

They obviously think that what they provided you w/ [when you DV] was sufficient validation and that they can now continue collection activity. Asset is known to hire other CAs to do their dirty work for them. Don't let them fool you w/ that "we're not a CA" trip just b/c they bought the debt. That's their way of trying to dodge the FDCPA. I learned the simple way that they are indeed a CA. If this particular JDB is not a CA, why would they license themselves as one in the state of North Carolina? You just don't make that mistake, ya know. Send Asset another DV, requesting PROPER validation (& be specific about it). As for their hired CAs, send them the FIRST DV, requesting the same information, and make sure that they know to cease collection until they provide validation.

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:

roflmao: Is that letter supposed to be a collection letter or a "You've Just Won a Grand Prize!!" telegram?

.

I got the same impression. :-)

:

They're making it sound like they're offering you the best deal of your life (despite your request for validation from Asset). Asset is getting more & more ridiculous w/ the CAs they hire.

.

This letter is from Asset and on Assets letterhead. They just changed the person that is handling the file.

:

They obviously think that what they provided you w/ [when you DV] was sufficient validation and that they can now continue collection activity

.

I am wondering if they feel they validated OR if the new Asset Colector did not see I was disputing it. My last letter to them was very clear that I disputed the debt. (see above).

Think I should DV again either way?

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If the discount is more than $600, Asset witll 1099-C you. You will pay taxes. i argue that the failure to advise you of a tax ramification to taking their sweet deal violates the FDCPA in that it is deceptive.

I think that makes 3 violations. I am a little unclear if I can sue them for $1000 each or a $1000 for all or $1000 federal and $1000 for state (Florida)

I have composed another letter for them. Any thoughts on how to make it better or if it will work?

Asset Acceptance LLC

P.O. Box 2036

Warren, MI 48090-2036

Re: Acct # ########

To Whom It May Concern:

Thank you for responding to my request for validation of the alleged debt associated with the above listed account number.

As I am sure you are well aware your letter is a clear violation of both “The Fair Debt Collection Practices Act” and “The Florida Consumer Collection Practices Act”.

I have asked for validation of this debt twice and you are clearly unable or unwilling to provide it.

Your company on the other hand has provided a clear paper trail of violations.

Here are two examples:

Your letter sent to me on 4/*/06 was created in-house by your staff. FDCPA § 809 (4) clearly states that you “will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector…”

The key words here are “obtain” and “copy”. You created a document yourself in-house instead of obtaining verification and sending me 'a copy of such verification'. This is a clear violation of FDCPA § 809 (4). Your in-house document was also completly useless for me to even tell what kind of debt it is, much less if it was my debt or not.

As you have not validated this debt and your recent letter is a clear attempt to collect this debt (it says so right at the bottom of your dunning letter) you are in clear violation of FDCPA § 809 (B)

(B)If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

You are clearly attempting to collect a disputed debt without obtaining verification.

It should be overwhelmingly apparent to you that should this need to go to court your liability in fines, court costs and, attorney fees for both sides far outweighs the $2000 dollars or so you are trying to collect on a debt you can’t or will not even validate.

I am giving you a one-time opportunity to drop your collections and remove any entries you have made on my credit report. If you continue to attempt to collect this clearly disputed debt from me or sell/assign this debt to another collector I will be forced to sue you for your violations.

Sincerely,

<VICTIM>

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After some careful reading I have made several updates to my upcomming 3rd DV letter

Asset Acceptance LLC

P.O. Box 2036

Warren, MI 48090-2036

Re: Acct # ########

To Whom It May Concern:

Thank you for responding to my request for validation of the alleged debt associated with the above listed account number.

As I am sure you are well aware your letter is a clear violation of both “The Fair Debt Collection Practices Act” and “The Florida Consumer Collection Practices Act”.

I have asked for validation of this debt twice and you are clearly unable or unwilling to provide it. I do not believe this is my debt and your company is being unlawful in attempting to collect this from me.

Your letter sent to me on 4/*/06 was created in-house by your staff. FDCPA § 809 (4) clearly states that you “will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector…”

You created a document yourself in-house instead of obtaining verification and sending me 'a copy of such verification'. This is a clear violation of FDCPA § 809 (4). Your in-house document was completely useless for me to even tell what kind of debt it is, much less if it was my debt or not. In order to make that determination I need to see copies of the original debt, not just something you fabricated.

Would you pay a debt you do not think you owe solely based on an "Account Statement" created by a bill collector? If your answer is "yes" I will be happy to create an "Account Statement" and send it to you to pay.

As you have not validated this debt and your recent letter is a clear attempt to collect this debt (it says so right at the bottom of your dunning letter) you are in clear violation of FDCPA § 809 (B)

FDCPA § 809 (B)

"If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector."

You are clearly attempting to collect a disputed debt without obtaining verification.

It should be overwhelmingly apparent to you that should this need to go to court your liability in fines, court costs and, attorney fees for both sides far outweighs the $2000 dollars or so you are trying to collect on a debt you are unable or unwilling to validate.

This is my 3rd request for proper validation of this debt. If you are still unable or unwilling to validate this debt I demand you stop all collections and remove any entries you have made on my credit report per FDCPA § 809 (B).

Sincerely,

<VICTIM>

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:roflmao: Is that letter supposed to be a collection letter or a "You've Just Won a Grand Prize!!" telegram? They're making it sound like they're offering you the best deal of your life (despite your request for validation from Asset). Asset is getting more & more ridiculous w/ the CAs they hire.

Read around...A$$et's a B*TCH!!!! :evil:

They obviously think that what they provided you w/ [when you DV] was sufficient validation and that they can now continue collection activity. Asset is known to hire other CAs to do their dirty work for them. Don't let them fool you w/ that "we're not a CA" trip just b/c they bought the debt. That's their way of trying to dodge the FDCPA. I learned the simple way that they are indeed a CA. If this particular JDB is not a CA, why would they license themselves as one in the state of North Carolina? You just don't make that mistake, ya know. Send Asset another DV, requesting PROPER validation (& be specific about it). As for their hired CAs, send them the FIRST DV, requesting the same information, and make sure that they know to cease collection until they provide validation.

Do you have a followup letter to send to CAs that did not respond?

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Asset has me on some "do not receive calls from this woman" list because everytime I call (to harrass them haha) they transfer me to a recording that says to write them a letter then it hangs up on me.

So, I'm writing many funky letters. I think I'll keep calling them too.

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