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A$$et Accept is GONE!!!


Trailrider
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Man, they were tough to get rid of! The big one of two TLs still being reported to Experian (of course!) is now history. After two DVs, and letting them rack up the violations, I sent this letter to the Texas AG, the Office of Consumer Credit Comission of Texas, the Michigan AG, the BBB of both Texas and Michigan, and the FTC. Here it is, it's long but effective:

August 24, 2007

Office of Attorney General

P.O. Box 12548

Austin, Texas 78711-2548

Re: Asset Acceptance LLC, 6985 Miller Road, Warren, MI 48092 or P.O. Box 2036, Warren MI 48090

Bond Number LPM859260101

Dear Sir:

For ten months now I have been disputing two alleged debts being reported by Asset Acceptance LLC on my Experian credit report. As of today, Asset Acceptance continues to ignore my requests for legal validation of these alleged installment accounts, and they continue to blatantly violate both the Federal and State of Texas consumer laws, so I am now asking for your help in this matter. The paragraphs that follow are a compilation of the sequence of events from early September, 2006 to the present day:

In early September, 2006, I pulled my Experian credit report in anticipation of applying for a mortgage. I found two tradelines listed by Asset Acceptance LLC for two alleged installment account debts, Account Nos. XXX and XXXZ. These alleged accounts had fall-off dates (based on the alleged date of first delinquency) of July, 2008 and August 2008, respectively, on this report. These alleged accounts were listed as past-due with monthly payment terms. I did not have ANY installment agreement or contract with Asset Acceptance, so I disputed the listings with Experian in October, 2006. Asset Acceptance verified with Experian in December 2006, and changed the fall-off dates at that time to reflect new fall-off dates of December, 2010 and February 2009 (copies enclosed, exhibit 1). Also, on December 14, 2006, I received my first dunning letter from Asset Acceptance regarding account number XXX (copy enclosed, exhibit 2). I received nothing about account number XXZ at that time.

On January 6, 2007, I sent two letters requesting validation of these alleged accounts certified mail, return receipt requested, to the home office of Asset Acceptance (copies enclosed, exhibit 3). Asset Acceptance refused to sign for these letters, and they were returned to me unopened (copies enclosed, exhibit 4).

On May 26, 2007, I again attempted to contact Asset Acceptance regarding these alleged accounts, again using certified mail, return receipt requested, again requesting validation of these alleged accounts, and I sent these letters to their PO Box. The letters were delivered and signed for on May 30, 2007 (copies enclosed, exhibit 5).

On June 12, 2007, I received a reply from Asset Acceptance dated June 6, 2007 and postmarked June 8, 2007, regarding account number XXX that consisted of a computer-generated cover letter (unsigned) and a computer-generated “account statement” with a minimum of information, which Asset may have gleaned from the many “pulls” of my credit report that they have done over the last two years. On June 29, 2006 I received a similar reply regarding account number XXZ (copies enclosed, exhibit 6).

On July 14, 2007, I sent two more letters requesting validation of these alleged accounts, also sent CMRRR, informing Asset Acceptance that their attempt at validation was entirely inadequate, and I asked for PROOF that I indeed owed Asset Acceptance ANY money for these alleged installment accounts. Their only reply consisted of another dunning letter regarding account number XXX, which is clearly continued collection activity without proper validation (copies enclosed, exhibit 7).

From January to the present day at the end of August, 2007, Asset Acceptance has continued to verify and update with Experian credit bureau these fraudulent installment accounts, even though I disputed with Experian the validity of these accounts three times, on October 10, 2006, on June 4, 2007, and on July 31, 2007 (copies enclosed, exhibit 8). Again, this is clearly continued collection activity without proper validation (copies enclosed, exhibit 8).

I contend that this sequence of events constitutes direct violations of my rights as a consumer under the Fair Debt Reporting Act, the Fair Debt Collection Practices Act, the Texas Deceptive Trade Practices Act, and Title 5, Chapter 329 of the Texas Financial Code. Asset Acceptance has to date continued to ignore my requests for validation of these alleged debts, and it is now my contention that Asset Acceptance knows that they cannot validate these alleged installment accounts, otherwise they would have done so at the time they received my first request for validation on May 30, 2007.

Asset Acceptance is blatantly disregarding the law. They have had plenty of time to provide proper validation, and have chosen to ignore me as if my consumer rights do not matter. They have even illegally re-aged the fall-off dates of these alleged debts in an attempt to extort money from me that they cannot prove that I owe! Collection agencies should not be allowed to disregard the laws and operate under their own set of rules, nor should they simply ignore a consumer’s requests for information as afforded to them under the laws.

The willful violation of the federal and state consumer laws by Asset Acceptance may be delineated as follows:

Action: Asset Acceptance has not validated either of these alleged debts and yet continues to pursue collection activity (i.e. dunning letter, monthly verification and updating with Experian).

Violations: 1. Fair Debt Collection Practices Act (FDCPA) Section 809 (B): Upon written dispute or validation request from consumer, Collection Agency must cease collections until validation or verification is produced.

2. Texas Finance Code (TFC) Chapter 392, Subchapter C, Section 392.202: Upon written dispute or validation request from consumer, Collection Agency must cease reporting to the Credit Reporting Bureaus until validation or verification is produced. If the third party debt collector does not reply or cannot validate the debt, the third party collector is required to delete the item from my credit file within 5 days.

These violations apply to BOTH of the alleged installment accounts.

Action: Asset Acceptance has listed both of these alleged debts as installment accounts, with monthly payments of $0, and they report the accounts as $XXXX past due as of August, 2007, although they have NO installment contract that I have signed, NO copy of ANY installment contract that I have signed with ANYONE, and Asset Acceptance continues to update this erroneous information every month to Experian.

Violations: 1. Fair Credit Reporting Act (FRCA) Section 623 (a) Describes the duty of furnishers of credit information to provide accurate information.

2. FDCPA Section 807 (2) A debt collector may not use false, deceptive, or misleading representation or means in connection with the collection of any debt, including the false representation of the character, amount, or legal status of any debt.

3. FDCPA Section 807 (8) Communication to any person credit information which is known to be false.

4. TFC Chapter 391.002 (a) A person commits an offense if the person knowingly furnishes false information about another person’s creditworthiness, credit standing, or credit capacity to a credit reporting bureau.

5. TFC Chapter 392.304 (8) A debt collector may not use a fraudulent, deceptive, or misleading representation that employs misrepresenting the character, extent or amount of a consumer debt.

6. TFC Chapter 392.304 (19) A debt collector may not use a fraudulent, deceptive, or misleading representation that uses any other false representation or deceptive means to collect a debt.

7. Texas Deceptive Trade Practices Act (DTPA) Subsection 17.49 © (1, 3) Rendering of a professional service that contains an express misrepresentation of a material fact that cannot be characterized as advice, judgment, or opinion; or contains an unconscionable action or course of action that cannot be characterized as advice, judgment, or opinion.

These violations apply to BOTH of the alleged installment accounts.

Action: Asset Acceptance has willfully and knowingly changed the fall-off dates on these alleged accounts (based on the alleged date of first delinquency) from July, 2008 and August 2008 to reflect new fall-off dates of December, 2010 and February 2009 sometime between my credit report dated September 11, 2006 and my credit report dated December 22, 2006, after I had disputed the legitimacy of these accounts with Experian, and at a time when Asset Acceptance could see by pulling my report that I was shopping for a mortgage.

Violations: 1. FCRA Section 605 © Running of reporting period. This date is fixed by law and cannot be changed!

2. Fair Credit Reporting Act (FRCA) Section 623 (a) Describes the duty of furnishers of credit information to provide accurate information.

3. FDCPA Section 807 (2) A debt collector may not use false, deceptive, or misleading representation or means in connection with the collection of any debt, including the false representation of the character, amount, or legal status of any debt.

4. FDCPA Section 807 (8) Communication to any person credit information which is known to be false.

5. TFC Chapter 391.002 (a) A person commits an offense if the person knowingly furnishes false information about another person’s creditworthiness, credit standing, or credit capacity to a credit reporting bureau.

6. TFC Chapter 392.304 (8) A debt collector may not use a fraudulent, deceptive, or misleading representation that employs misrepresenting the character, extent or amount of a consumer debt.

7. TFC Chapter 392.304 (19) A debt collector may not use a fraudulent, deceptive, or misleading representation that uses any other false representation or deceptive means to collect a debt.

8. Texas Deceptive Trade Practices Act (DTPA) Subsection 17.49 © (1, 3) Rendering of a professional service that contains an express misrepresentation of a material fact that cannot be characterized as advice, judgment, or opinion; or contains an unconscionable action or course of action that cannot be characterized as advice, judgment, or opinion.

These violations apply to BOTH of the alleged installment accounts.

Please note that along with this complaint and request for assistance by your office, I am also submitting a complaint to the Texas Office of Consumer Credit Commissioner, the Attorney General’s Office of Michigan, the

Better Business Bureau of both Texas and Michigan, and the Federal Trade Commission. Hopefully, something can be done about companies such as Asset Acceptance who willfully violate the rights of Texas consumers. I may

be contacted at any time at your convenience at the address listed below. Thank you for your time and efforts in helping me to resolve this issue.

Sincerely,

Trailrider

My address

Somewhere in Texas

Well folks it worked!!! Let me do the Happy Dance WOOOOHOOOO!

I'm watching that second TL like a hawk! And now I have Portfolio in my sights, and I'm going to unload on them!

Keep after them, folks. YOU are right and THEY are wrong!

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  • 1 month later...

Trailrider----this is the perfect sample letter I've been searching for! Thanks for posting all of it.

I'm getting ready to put my own little spin on this regarding Cavalry Portfolio Services and United Collection Bureau.

Should I space my letters out or write a single letter complaining about both since they have the same violations?

Thanks!

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