How to deal w/Asset Acceptance

[MadinKS]

I did a round of disputes on my wife's CR's. EX disputes just in last night. Prior to to the disputes, Asset Acceptance was due to fall of the reports in Jun 2007. After reading through the results, it seems they have re-aged the account to fall off in Dec 2010. I didn't DV them because I wanted to see if they would just delete. Wrong. Now what? Should I DV them or should I write them a real nasty letter w/ITS? Should I just file a complaint w/both AG's, the FTC, and the BBB? Help would be appreciated. Thanks.

[SecretAgentWoman]

That has happened with me, but mine only re-aged a few months. Dang, if it was only June, should have left well enough alone. Now, probably what you have to do is try to prove DOFD on the original account.

[MadinKS]

I have about 6 different CR's w/DOFD on it. All of the CR's state removal in 2007. Should I just contact the AG and FTC? Or should I try to write a letter? Or both.

[cjtx]

I'm sure asset has heard almost all the nasty stuff you may come up with. I doubt that will help your case.

Keep it professional and send ITS and follow through.

Depending on whether you want to just get rid of the negatives, send complaints to FTC and your state's AG.

Unfortunately, FTC and your state AG will probably tell you that they only take action when there is a number of complaints against a CA and that they will not act as your private attorney.

[cjtx]

I have about 6 different CR's w/DOFD on it. All of the CR's state removal in 2007. Should I just contact the AG and FTC? Or should I try to write a letter? Or both.

CRs don't prove DOFD. You need that info from OC or if you still have the original statements...

[MadinKS]

Man. I want to kick the s^$t out of them. It's going to be hard to be professional. I'm going to try the FTC and AG's just for the hell of it.

[MadinKS]

The only thing I have from the OC is their TL on the CRs.

[cjtx]

Time to contact your OC and get DOFD in writing.

[MadinKS]

What do you think about trying this first? It's a stretch but I hope this will do the trick instead of contacting the OC. See what you think.

April 13, 2007

Experian

PO Box 9556

Allen, TX 75013

Dear Sir or Madam:

I recently disputed some information on my credit report and found that a couple of the creditors that verified, have

re-aged the accounts. The report in question is xxxxxxx. I request that you investigate the following items

and respond to me within 30 days of your receipt of this letter, in accordance with the Fair Credit Reporting Act,

15 USC Section 1681i. The following companies have re-aged debts without providing proof to me that the debt is even mine.

According to FCRA § 605. Requirements relating to information contained in consumer reports [15 U.S.C. §1681c],

Section C, Paragraph (1), the following accounts have been re-aged, and I want full investigation of the accounts.

Arrow Financial-Account #xxxxxxx- The original creditor First Premier, is shown on TransUnion, file #xxxxxxxxxx,

with a removal date of February 2009. Also, on your report, #xxxxxxxxx, First Premier shows the commencement of

delinquency as May 2002. This information does not, according to the FCRA, equate to a removal date of October 2011.

Asset Acceptance-Account #xxxxxxxx- According to your prior report, #xxxxxxxx, the account should be removed

in June 2007. Now, according to report #xxxxxxxx, Asset Acceptance shows a removal date of December 2010.

The original creditor, Gateway Computers, is shown on TransUnion, file #xxxxxxxx, with a removal

date of June 2007. This is an obvious attempt at re-aging and I want it fully investigated.

Fashion Bug-Account #xxxxxxxxxx- According to TransUnion, file #xxxxxxxxx, removal is in

February 2009. How does Fashion Bug/Spirit of America National Bank and Experian come up with a date of removal

of October 2012? I want proof, as to the way that Fashion Bug/Spirit of America National Bank and Experian calculates

a deletion date of October 2012.

It’s unbelievable that a major corporation, such as Experian, allows this type of thing to go on. It’s a blatant disregard for

the Federal law, to allow companies such as these to report inaccurate information. These companies have violated the Fair

Credit Reporting Act, and I want full investigation into this matter. In addition, I want to know the method of verification you

used to make sure these accounts are being reported accurately. I would also like the names, addresses, and phone numbers of

the individuals you verified the previous information with. I want you to know, the eOscar system will not do for the seriousness

of this situation and this type of investigation. I want a representative, from Experian, to fully investigate these accounts and

not just get verification through computer. When your company has corrected the inaccurate information described above,

please send a corrected report, along with the method of verification to me.

Thank you for your prompt attention to this serious matter.

Sincerely,

MadinKS

CC: Federal Trade Commission

Kansas State Attorney General

[cjtx]

One step at a time. First dispute it, then when it comes back verified, ask for method of verification.

If you have disputed the same account with Experian twice before, they will probably refuse to re-investigate and send you a standard form telling you that unless you have any new info, they will not re-investigate.

If they do investigate, they will only use E-Oscar and it will come back verified again.

Try your letter anyways (redact the part about MOV, you have to wait to request it), but don't be too disappointed when you see for yourself their total disregard for your rights.

[MadinKS]

This was the initial investigation. None before. I am so pissed at myself for not leaving this alone and letting it die a natural death. Damn. I will revise and give it shot. I also intend to send this to Asset. Can you critique it?

Asset Acceptance LLC

PO Box 2036

28405 Van Dyke Rd

Warren, MI 48093

Re: Account: xxxxxxx

Date: April 13, 2007

To Whom It May Concern:

I recently pulled my credit reports and discovered that you are making an attempt to re-age a debt that you allege is

mine. Let me make this perfectly clear. I am not your normal client and I will not stand for the normal way collection

agencies conduct business. I have a full understanding of my rights under the Fair Debt Collection Practices Act, the

Fair Credit Reporting Act, as well as Kansas state law. Not only was this alleged debt scheduled to be removed in June

2007, before your attempt to re-age it, but according to Kansas Statute, K.S.A. 60-511, has long been expired. The debt is

time-barred from attempts to collect, and I will be using that as an affirmative defense to any suit you may try to bring

regarding this account. If you continue to violate both Federal and State law, I will retain a lawyer, in the state of Kansas,

to bring suit against your company and claim all monetary penalties afforded to me under the law. Just in case your legal

department has forgotten which statute of the FCRA covers your violation, I have included the verbiage below. Also, in

case they are not familiar with Kansas state laws, I have included that as well.

FCRA § 605. Requirements relating to information contained in consumer reports [15 U.S.C. §1681c]

© Running of Reporting Period

(1) In general. The 7-year period referred to in paragraphs (4) and (6)

3 of subsection

(a) shall begin, with respect to any delinquent account that is placed for collection

(internally or by referral to a third party, whichever is earlier), charged to profit and

loss, or subjected to any similar action, upon the expiration of the 180-day period

beginning on the date of the commencement of the delinquency which immediately

preceded the collection activity, charge to profit and loss, or similar action.

K.S.A. 60-511. Actions limited to five years. The following actions shall be brought within five (5) years: (1) An action upon any

agreement, contract or promise in writing.

I strongly urge you to immediately cease all collection activity, which includes reporting this alleged debt to the credit

bureaus. Furthermore, you will remove all traces of these accounts from all credit reporting agencies, including but not

limited to, Experian, Equifax, and TransUnion, within 15 days. If any of these actions are not taken and I do not receive

written documentation from your company that this matter is resolved, I will seek legal counsel and sue you for the

violations of my rights under Federal and State laws.

Additionally, from this point on I will require you to limit your correspondence with me to written communication only.

If you make any attempts to contact me by phone, through friends and relatives, or at my place of employment, I will add these

violations to the growing list of violations your company has committed.

Sincerely,

MadinKS

CC: Kansas Attorney General

Michigan Attorney General

Federal Trade Commission

Better Business Bureau

[cjtx]

Your letter is not bad, but I would approach it differently. You are not getting across any of your 2 main goals and they will call your bluff.

First, request documentation. State the facts, tell them that either there was an error before or there is now. That according to your records the new reported date is wrong (don't tell them what you think the date should be), and that you would like to see proof that the date they are reporting is correct. You may even mention that it appears like they are re-aging the account and that it would be a violation of FDCPA. Also ask for proof that they are entitled to collect from you. Again, I will use a business like tone.

Wait until they verify to take any action in court, so they will have no way of backing out.

If your goal is ITS, then state your damages and the way you computed them; i.e. which FCRA, FDCPA, state laws and others and all the statutory and actual monetary damages. In addition, tell them that you reserve your right to sue for additional damages, attorney's fees and court costs.

[MadinKS]

My goal is not to sue. I just want them to go away. Thanks. I'll repost in a few.

[MadinKS]

Here is the new, nicer, version. Hopefully this will work.

Asset Acceptance LLC

PO Box 2036

28405 Van Dyke Rd

Warren, MI 48093

Re: Account: xxxxxxxx

Date: April 13, 2007

To Whom It May Concern:

I recently disputed this account on my credit reports and discovered that you have made a mistake in the information

you are providing to the credit bureaus. I can tell you that, according to my records, you are reporting inaccurate

information. At this time, I am requesting documentation from you that will substantiate your claim to collect on this

alleged debt. Because you have not provided documentation in the past, that supports your claim, it leads me to believe

you are trying to re-age this account and, I’m sure you are fully aware, that is a violation of the Fair Credit Reporting Act.

I need to see any documentation that substantiates your claim. I need to see documentation of chain of custody,

contract, agreement, or anything from the original creditor that validates the debt between us. Furthermore, the statute of limitations, according

to the Kansas state laws, has expired. I have added the reference to the FCRA and the Kansas statute K.S.A. 60-511 and K.S.A 60-512 for

you to use as reference.

FCRA § 605. Requirements relating to information contained in consumer reports [15 U.S.C. §1681c]

© Running of Reporting Period

(1) In general. The 7-year period referred to in paragraphs (4) and (6)

3 of subsection

(a) shall begin, with respect to any delinquent account that is placed for collection

(internally or by referral to a third party, whichever is earlier), charged to profit and

loss, or subjected to any similar action, upon the expiration of the 180-day period

beginning on the date of the commencement of the delinquency which immediately

preceded the collection activity, charge to profit and loss, or similar action.

K.S.A. 60-511. Actions limited to five years. The following actions shall be brought within five (5) years: (1) An action upon any

agreement, contract or promise in writing.

K.S.A. 60-512. Actions limited to three years. The following actions shall be brought within three (3) years: (1) All actions upon

contracts, obligations or liabilities, expressed or implied but not in writing.

I sincerely hope that this was a mix up on the part of Asset Acceptance and we can come to an expeditious conclusion to

this. Additionally, from this point on I will require you to limit your correspondence with me to written communication only.

You will not make any attempts to contact me by phone, through friends and relatives, or at my place of employment. I look

forward to your response and an agreeable conclusion to this matter. Thank you.

[MadinKS]

*bump*

[MadinKS]

Still looking for critique. I'm afraid they will try to get judgment before I can call them on this. Please help.

[SecretAgentWoman]

It looks good to me, but I have a habit of being sarcastic, condescending, or outright hostile in my communications so I'm sure I'm not the best un-biased review you could get.

Do you have ANY old documentation showing the original DOFD or perhaps the original estimated date to be removed on one of your CRs with the original creditor...? Something like that paper trail would help you in another dispute with the CRA as well.

[MadinKS]

Unfortunately, no. I only have prior CR's. I don't want to contact OC and get them on the prowl either. The OC TL is due to come off in June. I'm betwixt a rock and a hard spot. Know what I mean?

[SecretAgentWoman]

The OC TL is due to come off in June.

How do you know that? Because the CRA says so? So write the CRA, and tell them you yourselves report this date, and the JDB/CA say it's the same account, so they should both come off in June. That is what I was referring to.

[MadinKS]

The TU report states removal in 2007 and even the EX report prior to the dispute says DOR of June 2007. I have pointed that out in this letter.

Dear Sir or Madam:

I recently disputed some information on my credit report and found that a couple of the creditors that verified, have

re-aged the accounts. The report in question is xxxxxxxx. I request that you investigate the following items

and respond to me within 30 days of your receipt of this letter, in accordance with the Fair Credit Reporting Act,

15 USC Section 1681i. The following companies have re-aged debts without providing proof to me that the debt is even mine.

According to FCRA § 605. Requirements relating to information contained in consumer reports [15 U.S.C. §1681c],

Section C, Paragraph (1), the following accounts have been re-aged, and I want full investigation of the accounts.

Arrow Financial-Account #xxxxxxxx- The original creditor First Premier, is shown on TransUnion, file #xxxxxxx,

with a removal date of February 2009. Also, on your report, #xxxxxxxx, First Premier shows the commencement of

delinquency as May 2002. This information does not, according to the FCRA, equate to a removal date of October 2011.

Asset Acceptance-Account #xxxxxxxxx- According to your prior report, #xxxxxxxxx, the account should be removed

in June 2007. Now, according to report #xxxxxxxxx, Asset Acceptance shows a removal date of December 2010.

The original creditor, Gateway Computers, is shown on TransUnion, file #xxxxxxxxx (copy enclosed), with a removal

date of June 2007. This is an obvious attempt at re-aging and I want it fully investigated.

Fashion Bug-Account #xxxxxxxxxxx- According to TransUnion, file #xxxxxxxx (copy enclosed), removal is in

February 2009. How does Fashion Bug/Spirit of America National Bank and Experian come up with a date of removal

of October 2012? I want proof, as to the way that Fashion Bug/Spirit of America National Bank and Experian calculates

a deletion date of October 2012.

It’s unbelievable that a major corporation, such as Experian, allows this type of thing to go on. It’s a blatant disregard for

the Federal law, to allow companies such as these, to report inaccurate information. These companies have violated the Fair

Credit Reporting Act, and I want full investigation into this matter. I want you to know, the eOscar system will not do for the

seriousness of this situation and this type of investigation. I want a representative, from Experian, to fully investigate these

accounts and not just get verification through a computer system. When your company has corrected the inaccurate information

described above, please send a corrected report to me.

Thank you for your prompt attention to this serious matter.

Sincerely,

[cjtx]

Unfortunately, no. I only have prior CR's. I don't want to contact OC and get them on the prowl either. The OC TL is due to come off in June. I'm betwixt a rock and a hard spot. Know what I mean?

When you contact the OC, they will most likely tell you they cannot give you any information about the account because they sold it to a JDB and that you need to contact that JDB directly. Of course they will tell you the number to call.

They will be reluctant to change any info since they are no longer responsible for that account, so I'm not sure what you're worried about.

In my experience with Asset, another JDB had acquired the debt before and then by the time Asset got it, they did not have all the info, like original amount.

Calling a JDB is not advisable, but if you play your cards right, you can find out exactly what they have and whether they know the right DOFD and still report it wrong.

btw, your letter looks good, but there is no need to include 60-512 if this is about a credit card agreement in writing.

[MadinKS]

but there is no need to include 60-512 if this is about a credit card agreement in writing.

I was trying to preclude any assumption on their part, that the account could be classified as a written contract; showing that even if they try that approach, it's still out of SOL. With that in mind, do you still think I should remove it?

[cjtx]

I think so. Shows you know what you're talking about and not just throwing statutes at them.

[MadinKS]

Okay. I will delete and send on Monday. Thanks alot for the input. I appreciate it.

[MadinKS]

How ironic. I just sent these a$$(et)holes a nice letter just yesterday and now, a letter from the a$$(et)holes in the mail today. Says:

Regarding the above mentioned account, we understand that you are claiming this debt was previously paid. Please provide one or both of the following for review.

-A letter providing proof from a previous creditor or agency that the above mentioned account has been paid in full or settled.

-A copy of the front and back of the cancelled check, MO, or receipts that will provide our office sufficient proof that the account has been satisfied.

Sincerely,

Dick Weed

Debt Collector

As if I'm even going to send him anything other than an ITS for re-aging. What an a$$(et)CLOWN!!!

Here is the letter I sent. Does this get my point across sufficiently? I hope so cause it's on it's way.

To Whom It May Concern:

I recently disputed this account on my credit reports and discovered that you have made a mistake in the information

you provided to the credit bureaus. I can tell you that, according to my records, you are reporting inaccurate dates.

At this time, I am requesting documentation from you that will substantiate your claim to collect on this alleged debt.

By the looks of it, you are making an attempt to re-age this account to lengthen the time you think you have to collect,

which is a violation of the Fair Credit Reporting Act and an actionable offense under Federal law, as well as Kansas

state law.

At this point, I am giving your company the benefit of the doubt, but I will have no problem reporting your company to

the FTC, the BBB, and both, Michigan and Kansas AG’s, as well as contact a lawyer to file suit for the violations

of Federal and Kansas state laws. I require Asset Acceptance to provide documentation of chain of custody, a contract,

an agreement, or anything from the original creditor, on their letterhead, that validates the debt between us. The valid

documentation must establish, and substantiate, the dates your company has reported to the credit bureaus, as well as,

your ability to collect on this. If you cannot provide this information, you must delete this account and notify all three

credit bureaus, including, but not limited to, Equifax, TransUnion, and Experian. I have added the reference to the

FCRA and Kansas statute, K.S.A. 60-511, for you to use as reference. I sincerely hope that this was a mix up on the part

of Asset Acceptance and we can come to an expeditious conclusion to this.

FCRA § 605. Requirements relating to information contained in consumer reports [15 U.S.C. §1681c]

© Running of Reporting Period

(1) In general. The 7-year period referred to in paragraphs (4) and (6)

3 of subsection

(a) shall begin, with respect to any delinquent account that is placed for collection

(internally or by referral to a third party, whichever is earlier), charged to profit and

loss, or subjected to any similar action, upon the expiration of the 180-day period

beginning on the date of the commencement of the delinquency which immediately

preceded the collection activity, charge to profit and loss, or similar action.

K.S.A. 60-512. Actions limited to three years. The following actions shall be brought within three (3) years: (1) All actions upon

contracts, obligations or liabilities, expressed or implied but not in writing.

I’d also like to add that, from this point on; I will require you to limit your correspondence with me to written

communication only. I have given you my address for correspondence and you may not contact friends or relatives, or

my place of employment, phishing for contact information.

I look forward to your response and an agreeable conclusion to this matter. Thank you.