buckeyechick1219 Posted April 10, 2007 Report Share Posted April 10, 2007 Asset sent me a dunning letter in February for an account with Dell. I responded 10 days later with a "I dispute this account" and proof that all three credit reporting agencies had listed it as fraudulent $0 balance with the OC a year ago, no CMRRR or any documentation that it was sent to them.I already had ongoing disputes with the CRA's trying to have medical accounts that were incorrect removed, and when the updated credit reports came back, they had the collection account listed, but the OC was removed from all of the reports (so there was not even any documentation on my current report that Dell had listed it as fraud.)I sent a second letter to Asset when I saw this, but I sent the DV letter that this site recommends sending first, instead of one telling them that they have violated the FDCPA and that I was going to file a lawsuit, assuming they would laugh in my face since I really have no documentation that they ever received the first letter.Was this the correct step, or should I have sent (still send?) the second letter since they reported the account to the CRAs without verifying the information? Link to comment Share on other sites More sharing options...
buckeyechick1219 Posted April 11, 2007 Author Report Share Posted April 11, 2007 Bump Link to comment Share on other sites More sharing options...
thomassl Posted April 11, 2007 Report Share Posted April 11, 2007 The collection agencies do not have to respond to your DV letter. If you dispute with the CRA's and they verify, then you have a case against the CA for verifying with the CRA and not you. If the original creditor is off your report, it's probably because they no longer own the debt as the JDB now owns it. I would get a recent copy of my credit report and see what it says. Link to comment Share on other sites More sharing options...
buckeyechick1219 Posted April 11, 2007 Author Report Share Posted April 11, 2007 Was Asset legally allowed to list it on my credit report to begin with, since I disputed it within the 30 days and they never validated it? Isn't this considered further collection activity without verification? Link to comment Share on other sites More sharing options...
buckeyechick1219 Posted April 12, 2007 Author Report Share Posted April 12, 2007 Bump Link to comment Share on other sites More sharing options...
nascar Posted April 12, 2007 Report Share Posted April 12, 2007 Was Asset legally allowed to list it on my credit report to begin with, since I disputed it within the 30 days and they never validated it? Isn't this considered further collection activity without verification?No, the TL should not be on your CR if Asset failed to respond to a timely DV. But, they will lie and claim the DV was not timely. That's what they do. Link to comment Share on other sites More sharing options...
buckeyechick1219 Posted April 12, 2007 Author Report Share Posted April 12, 2007 Well then, I think I will follow up with a letter informing them that I did respond with a timely DV. Not only did I dispute the debt, but I also provided all documentation that the debt was reported as $0 by the original creditor a year ago. I would think that this would be a blatant violation, and definitely worthy of mentioning a lawsuit? Link to comment Share on other sites More sharing options...
buckeyechick1219 Posted April 12, 2007 Author Report Share Posted April 12, 2007 Oh, and would this be a violation of the FDCPA, the FCRA, or both? I'm not sure I understand the difference between the two. Link to comment Share on other sites More sharing options...
buckeyechick1219 Posted April 24, 2007 Author Report Share Posted April 24, 2007 Bump to add:I just sent my third DV to Asset. Since I sent the first one without it being CMRRR, I sent the second earlier this month and they received it 4/10. Still no response and they updated the balance information on my CR after receiving the 2nd DV. So I sent a third, reitterating that I had received their first correspondence on 2/20, sent the 1st DV on 2/28, they received the 2nd DV on 4/10, and that they have not responded to the DV I sent in the first 30 day window, but that they have continued to report the fraudulent TL on my CR. I figured this was CMA move, to see if they're going to dispute that they ever received the first DV. I don't know if this will hold up as evidence that I sent the first DV during the 30 day window or not. Anybody have any idea? Link to comment Share on other sites More sharing options...
nascar Posted April 24, 2007 Report Share Posted April 24, 2007 I also provided all documentation that the debt was reported as $0 by the original creditor a year agoWas the balance $0 because you paid it, or because the debt was sold? In either instance, the original creditor is correct in reporting a $0 balance. Don't expect Asset to respond to your letters. They're not afraid of a lawsuit. Link to comment Share on other sites More sharing options...
MadinKS Posted April 24, 2007 Report Share Posted April 24, 2007 Sounds like it's time to file complaints and a lawsuit. I think that's the only thing ASSet responds to. Unless you dispute their TL as paid and then they re-age your account. ASSetHOLES. Link to comment Share on other sites More sharing options...
buckeyechick1219 Posted April 24, 2007 Author Report Share Posted April 24, 2007 It was reported as a $0 balance because it was a fraudulent account. The OC (DFS) reported it as such for a year, then in January 07, they put a balance on my TU report (not the other two), and in Feb 07, Asset bought it. Link to comment Share on other sites More sharing options...
MadinKS Posted April 24, 2007 Report Share Posted April 24, 2007 Sounds like it's time to get the big boys involved. IMO. Link to comment Share on other sites More sharing options...
buckeyechick1219 Posted April 24, 2007 Author Report Share Posted April 24, 2007 Yeah, that's what I was thinking too. I don't know if I should contact the MI and OH AGs, or just get a lawyer directly involved. Link to comment Share on other sites More sharing options...
MadinKS Posted April 24, 2007 Report Share Posted April 24, 2007 I don't know if I should contact the MI and OH AGs, or just get a lawyer directly involved.All of the above. Link to comment Share on other sites More sharing options...
Recommended Posts