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My lawsuite against Asset Acceptance


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Ok...now, right after I sent a copy of my complaint with my ITS letter, Asset just "happened" to "accidently" duplicate the account on my Equifax so it's reporting twice. How nice.

Absolutely also call EQ's special handling on this.

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Hahaha.....don't make me laugh.

I have to go through CSC - do they have a special handling?

I guess I have to find out tomorrow, they only answer phones 9am-4:30pm M-Th.

Gah.

Well, yeah, it'll strengthen your case if you do. Sorry about that.

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Anyone in the know - pretty please tell me this is an excellent weapon to use against AA in court! :please:

A letter I received from FCNB - the OC - on the account that AA claims they validated with them:

Re: First Consumers National Bank Credit Card

Account number: XXXX-XXXX-XXXX-XXXX'

Dear SecretAgentWoman:

Thank you for bringing this account discrepancy to our attention. We truly apologize for any confusion.

We are sending follow-up notification to the three major credit-reporting agencies instructing them to DELETE/REMOVE this account from your credit report.

Please feel free to use this letter (or a photo-static copy) to resolve a 'consumer dispute' you may have directly with the credit bureau.

It is our goal to provide the highest level of service at all times.

Sincerely,

S. Erwin

Service Provider

Should I send a copy ASAP to AA, or just whip it out in court at the last minute???

My goal is deletion - not money - but....money is kinda nice. Can I send it AND demand them to buy me off? :twisted:

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Well, I decided just to see if I can rack up one more violation.

Take a gander:

To Whom It May Concern:

This is my last communication to you before proceeding with my lawsuit in the Small Claims Court, Justice of the Peace, Precinct Two, Yahoo County, Texas on July 2, 2007.

Enclosed find a letter from the original creditor, First Consumers National Bank, stating that the account is indeed, in error, and that I may use the letter to correct any disputes I now have open regarding this account.

I am giving you 15 days to remove your collection account from all three major credit bureaus and to cease all collection activity on this account.

Be warned, I will use your refusal and this letter to prove in a court of law your insistence on hurting my credit and collecting on an account you have no legal right to do so.

Regards,

SecretAgentWoman

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I am giving you 15 days to remove your collection account from all three major credit bureaus and to cease all collection activity on this account.

You are way too generous. 5 business days is plenty of time.

You should also send a copy to the CRAs, even though they will probably claim thay cannot use the information you sent. So DEMAND that they call the person who signed the letter. Ask them to get off their butt, make a call and leave e-OSCAR alone on this one. You said you're looking for deletion, right?

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don't forget to include:

"And for such other and further relief as the court deems just and proper under the circumstances."

The FDCPA allows you to sue in any court of competent jurisdiction. So, you can sue for federal claims in state courts.

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I cannot find anywhere the answer to it. All I can say is, 120 days late on an account that has not had a payment posted to it in 2,190 days is not reporting accurately.

Accurate = free from error, precise, exact

120 days is not free from error, precise nor exact.

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IIIIITTTTSSS TIME TO GET OUT...THE DANCING BANANAS!!!!!!!!

:punknanner: :punknanner: :nannersplit: :nannersplit: :banana: :banana: :nannersplit: :nannersplit: :punknanner: :punknanner:

Looky the fax I just received in return:

Dear SecretAgentWoman:

Please be advised that I am in receipt of your affidavit. Upon reviewing the information contained in the affidavit, it is the decisiong of AALLC to close the aforementioned account and cease all collection activity. (blah blah....) AALLC has requested the removal of any information that may have been reported to the credit reporting agencies... (blah...)

Sincerly, Sandi Ostler

CC: State of Michigan, Department of Attorney General <<< :mrgreen:

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For those of us still dealing with Asset Acceptance there is now hope!

YES!

I give you hope!

Hope that after:

2 DV letters

4 nutcase letters

6 phone calls

2 ITS letters (2nd included copy of lawsuit)

1 complaint each to the BBB, FTC & MI AG

3 faxes, one of a letter from the OC

It will only take about 6 months and approx. $40 in postage and paper! 8-)

Then, maybe then, you will get 'em. :rolleyes:

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