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DV years after supposed first letter from JDB (A$$et Acept.)


1disgustedguy
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I just recently sent a DV to A$$et. This after a couple of years from the first letter they supposedly sent me. It is scheduled for removal early next year. Some of you may have seen my other posts in regards to my situation. My question is, how long does A$$et have to validate/respond to my DV from date they received the letter? If they do respond (and I'm sure it will be pure garbage or unexceptable from their track record) what type of letter should I send next? I am very motivated to take them to court, but I want to exhaust the "administrative" route before filing suit. Any help and suggestions are most appreciated. Thanks

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They don't technically have to respond at all. If this was a timely DV (and you could still try to argue that it was) they would have 30 days to respond or stop continued collection activities. Sounds like they've had the account for so long though, they'll either ignore the letter or respond with some typed up form letter saying "we validate this amount as correct".

As for court, what violations have you got on them so far?

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Proof is the answer. What can Asset prove? Can they prove you got the letter they supposedly sent you? No. They can't. Can they even prove they mailed it? No. They can't.

Look, I've mentioned this before. The Statute puts the burden of proof upon the collector through the requirements that they maintain procedures to ensure no violations of the law. If the consumer has proof of delivery on the DV request it has a heavier weight that a collector's "word" that they sent letters prior. Civil cases are rendered by preponderance of evidence. In other words, who is more believable. If the consumer has iron-clad evidence and the collector has only their word on it, the collector will loose.

In order to be compliant with the law, a collector must always assume, in the absense of hard evidence to the contrary, that a DV notice was sent timely. Or, they run the risk of violating the statute.

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Well, I don't believe I have anything on them at the moment except lack of evidence that the account truly belongs to me. An interesting note is that one of my CB reports showed that they could not locate me. After I started sending my dispute letters to the CB's I've noticed that the TL on Experian changed to Creditor recently located individual, although I have had no communication from them with the exception of my sending the certified DV letter to them. I'm wondering if I should just go ahead and file suit now against A$$et or wait till their 30 days from receipt of my 1st DV letter. I know they don't have anything to properly validate this account, I thought maybe they would enjoy a taste of their own medicine. ie lawsuit.

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Got a response from A$$et today, basically they say as a result of their investigation they have reported my account as "disputed" to the CRA's. Well at least they did that as required by law, but have not validated the debt. Any suggestions on a second letter to them? or a link? Thanks.

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Got another letter from Asset today. This one contained an "Account Statement" basically with my name, address, OC name, and amount, but of course none of the substantial things I requested for in my DV letter such as signed contract or instrument bearing my signature or proof that the debt has passed the SOL (which it has by several years btw). Any suggestions for what my second letter should contain is very much appreciated.

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There is no such thing as "bad validation." You can send them another letter saying the stuff they sent you has not helped you resolve the mystery and you continue to deny owing the OC any money and therefore continue to dispute the debt. Send it certified, natch, so you can track delivery. Wait 30 days then do phase 2 of the 1-2 punch.

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I sent them another letter, and this one cited U.S.C. I think they will take notice this time. I told my sister the next letter they get will not be a letter, they'll get served. BTW, called the AG in PA and they were all ready to help me, but I wanted to give these jerks another chance before pulling out all the stops. Besides, I understand that courts look favorably when you have exhausted normal means to remedy the problem. :D

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