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Asset Acceptance Responds to BBB and AG complaint


gt95stang302
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I sent a letter to the FL AG about Asset reporting an account.

I got a response via certified mail copied to the Florida Department of Financial Services.

SO....

"At that time of purchase it was represented to AALLC tha these accounts were valid accounts and that the consumer was the responsible party. As a debt buyer AALLC relies on the information that is provided to them at the time of purchase.

If gt95stang302 believes that the account is not his responsibility, please ask him to provide this office with a police report or an affidavit, signed under penalty of perjury, stating that he did not authroize, benefit, request, or use the services of the above refererenced account."

So basically, they dont have anything to validate the account, and want me to submit info to them for me to disprove something they think they have a claim to. This is for an Household Bank account that I never had. Household shows up on my C.R., and I have DV'ed them with no response, and nothing from AA either except for their normal crap.

Where should I go from here?

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sue em, they'll listen to a summons. Oh and they will then have then attorney bombard you with appeals and interogatories, and even make you come to an office for an interview and then will eventually settle for your $1000. But if your case is that good sue them for defimation, willfull noncompliance, and anything else. The will claim they dont have to follow the fdcpa cause they own the debt, but keep in mind there is a definition of creditor in there as well. Also. Just so you know, if you have a police report done up, then th CRA will delete the line items regaurdless of what ASSet ACCEPTance says. Sorry i am a bit one sided as i extremely hate thier bad tacticts and am in the process of going another round with them myself. But all in all dont take it personal and if they are the only bad on your report dont forget to add in your higher credit card interest and mortage interest. :)

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  • 2 weeks later...

"...Where should I go from here..."

"sue em..."

WHAT?

"...this is for a Household Bank account that I never had...please...provide this office with a police report or an affidavit..."

The OP was told to provide the necessary items required by the FCRA to assert a claim of ID Theft. Why sue when you can simply provide these items and have the matter settled? The AG knows that the claim is meaningless (and can be ignored) without this documentation.

I'd strongly recommend that you provide the report AND an affidavit according to the FCRA...sections 603 and 605B. Send copies to the FL AG, Asset and the CRA's. If they don't comply, THEN file suit...

If you need specifics, I'll post the passages when I get home. But then, you can read them for yourself in the sticky above. :)

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That, of course, assumes it WAS fraud or ID theft, and not some other error.

Exactly.

I have no records of said account, but do I want to sign something under the threat of perjuring myself?

My CR's state that this was opened in 9/2001. HSBC has yet to offer any evidence that I have held this account with them. Asset needs to do their job of contacting the OC and performing validation of the account.

They just know its worthless paper they bought.

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ABSOLUTLEY NOT. Dont play thier games. i have police here that will write the report and close it all in the same minute. Get a ID theft report and have the officer word it based on the fact that ASSET wont validate the address or validate the account somehow belongss to gt9**, so therefor gt9* has no choice but to assume ASSET has a fraudulent account on file and had to be the result of identity theft. Thats all it has to say and its a legal ID theft report and nothing in it to trip you up.. lol

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ABSOLUTLEY NOT. Dont play thier games.

It's all a game. Nothing but a game! Beat the CA at their own game legally. Where the ID Theft Report will get the CRAs to remove the CA's fraudulent negative listing, don't hesitate.

After you calm down, then send a summons. Don't forget about the summons!!! :lol:

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You ever notice how all those scamsters want you to submit something signed under penalty of perjury? Looks like that is what makes anything valid, from an IRS standpoint, the Banks standpoint any corporate standpoint.

This should also be used from your standpoint! I have never gotten a 3rd Party CA, CA Attorney or anyone for that matter ever send me one once of validation when I asked them to send a Certified Copy signed by someone with first hand knowledge under penalty of perjury. You won't get anything and you'll be able to live with silence from that 3rd party from that day forward. Believe I know, because I've done exactly that on all my Validation request.

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"...ever notice how all those scamsters want you to submit something signed under penalty of perjury..."

Yeah. Because the 'something' you refer to is what the FCRA requires to get the TL removed. Providing part of what is required or anything else gets you the run-around. Providing the items listed a sure thing and much easier than filing a lawsuit.

"...I'll never understand why some people will try to make things as difficult as possible..."

Amen.

Ever notice how the scamsters here adhere to the LAW?

FCRA Title 15 USC 1681a, Section 603(q)(4)(B)© "...valid report filed...with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service...the filing of which subject the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information is false..."

And from 1681c-2, Section 605B (a)(4) "...statement by the consumer that the information is not information relating to any transaction by the consumer..."

So if the OP is concerned about "...an account...I never had..." HOW is following legal procedure a scam? Hmm

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Ahntara-

You would be correct if the debtor is claiming ID theft. However, there is no requirement that you claim ID theft in order to say "not mine." This is where the furnishers attempt to get you to lie and trip you up on a technicality.

To the OP-

If this is not yours, ask then to provide a some kind of record to prove that it is. If this is not yours, they should have nothing to show that it is.

1681i(a)(1)(A) In general. Subject to subsection (f), if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

Which requires that the furnisher follow 1681s-2(B):

After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall conduct an investigation with respect to the disputed information; review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i]; report the results of the investigation to the consumer reporting agency

the reason furnishers want you to file as ID theft is that if you claim ID theft, it gives the furnisher a defense should they be taken to court. The problem is that ID theft investigations are conduscted under 1681s-2(a), for which there is no right to private action, instead of 1681s-2(B), a dispute of accuracy, for which there IS a private right of action.

It is in every consumer's best interest to NOT complete the forms, or else you just gave up your right to sue the furnisher for not conducting a reasonable investigation.

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You ever notice how all those scamsters want you to submit something signed under penalty of perjury? Looks like that is what makes anything valid, from an IRS standpoint, the Banks standpoint any corporate standpoint.

Yeah. And those same scamsters are required to furnish information to the CRAs signed under penalty of perjury. Which they never do.

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