brownstar Posted November 14, 2007 Report Share Posted November 14, 2007 I received a collection letter for $746 from Asset Acceptance for a citibank credit I don't ever recall having.I sent a DV letter a couple of weeks ago (the day their letter arrived) and received a response topday. It does not include any dates of the original account, or any other the other validation information I requested, only the balance and what they claim is the original citibank account number. As of yet, this has not shown up on my credit reports, but I'm unsure of how to proceed. I obviously want them to get stuffed and leave me alone since I'm fairly sure I don't owe this debt, and if I did, it's definitely past the California SOL.If you have advice, please let me know my next steps.Thanks for all the great help the board has provided!Brownstar Link to comment Share on other sites More sharing options...
virtualrn Posted November 14, 2007 Report Share Posted November 14, 2007 File an online complaint with the BBB stating they continue collection activity despite being unable to validate this alleged debt.https://odr.bbb.org/odrweb/public/GetStarted.aspx Link to comment Share on other sites More sharing options...
hiblues Posted November 14, 2007 Report Share Posted November 14, 2007 Yea..I don't ever 'recall' my old debts either ( wink wink nudge nudge nudge) ;) heheaccording to the FDCPA: (below)there is no legal definition of ""verification"".So you could send them a letter stating that their 'so called' verificationof the debt, in any reasonable persons mind, is insufficient evidence of validation and if theywant to force the issue you are fully prepared to let a judge decide the outcome, also you are prepared to file detailed complaints to the FTC, the Consumer Protection Office and the State AG.That should do it. Poof - gonereference: per, FDCPA 809. Validation of debts [15 USC 1692g] Link to comment Share on other sites More sharing options...
lolah Posted November 14, 2007 Report Share Posted November 14, 2007 So you could send them a letter stating that their 'so called' verification of the debt, in any reasonable persons mind, is insufficient evidence of validation and if they want to force the issue you are fully prepared to let a judge decide the outcome, also you are prepared to file detailed complaints to the FTC, the Consumer Protection Office and the State AG.That should do it. Poof - gone Well, you can hope. In my case, I DV'd (untimely) a CA on my reports who sent me a letter on their letterhead with the name of the OC and the amount owed. (You will find in some posts that this is in fact considered 'legal validation'. ) However, I believe that some CA's don't know better. I sent a second letter stating that simply sending a letter on their letterhead saying I owe $XXX.XX is not enough proof for me. They got the OC involved and they sent me statements. Now, in my case - they aren't mine and now I am fighting with the OC to recall the account from collections and have it removed from my reports. Link to comment Share on other sites More sharing options...
Shaneebug Posted November 14, 2007 Report Share Posted November 14, 2007 Brownstar,I had the same thing happen to me. They started calling my home out of the blue, but thanks to Google, I knew just what to do. I immediately did the following:*Asked for the name of the person I was speaking to at the time and the address.*Asked for the amount of said debt (LOL)*Asked for the date of account activity. the latest date he gave me was over ten years old!!! (Are they serious?)*Once I gathered that info, I immediately sent a certified cease and desist letter and also asked them to validate the said debt which I knew they could not do. I also threw in the letter that the PA Stat. of Lim is 4 years, so they had no right to collect the debt.Ok, if you can believe this...they still attempted to validate the debt but with nothing legal, it was merely a printout of what they said I owed. On the FTC.gov web site, it is certain criteria that they have to follow when validating the debt, which they failed to do.*I immediately sent them another certified letter stating that since they failed to validate the debt and prove that it was within the Sta. of Lim. I demanded that they close this case and never contact me again. I also told them that it was illegal to report me to the credit bureaus prior to validateing the debt. They never called and sent a letter stating that their office was no longer handling this particular case.Keep all your letters just in case they sell it to another Zombie Debt collector. *SEND EVERYTHING CERTIFIED OR THEY WILL CLAIM YOU NEVER SENT IT!!! Link to comment Share on other sites More sharing options...
Recommended Posts