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Posted

I did some searching but i don't seem to find this answer. I apologize if i missed it somewhere.

So I am now fighting with Asset Aceeptance for a debt. Utility company had it as a charge off. Debt was from 3/2003. SOL in IL for UCC is 4 years. Debt is SOL so I am not that concerned except.... the started plastering the credit report again with an addition collection account beyond the gas company.

I am trying debt validation and I wish to dispute this account on the credit reports. My question is... what exactly do i say to dispute it? most items apply to this debt is paid or this debt is not mine or i settled this debt. Not.... idiot compant bought a bad debt they cant collect because of SOL and they are just idiots. I dont want to lie and say it isnt my debt... it is. but it wont be paid from the SOL.

Can anyone help with what I am supposed to say to the CAs to dispute?

Also along the same lines... I had 2 other CC debts that are out of SOL. It seems like i can attempt to get DV on these... what should i say in my cedit dispute to get this started? Again they are mine so i cant say they are not but I am trying to work the credit score back up.

Thanks

Posted

I'm not surprised it's Asset. They are know to be frequent violators of the FDCPA. You can send them a cease and desist letter that tells them that this debt is time-barred and they have no legal recourse to collect. You want to make sure you mention statutes in regards to time-barred debts. Send the letter by Certified Return Request Mail because they are so shady. :evil: Do a search on cease and desist and you will see how others have used the C&D. :goodluck:

Posted
I'm not surprised it's Asset. They are know to be frequent violators of the FDCPA. You can send them a cease and desist letter that tells them that this debt is time-barred and they have no legal recourse to collect. You want to make sure you mention statutes in regards to time-barred debts. Send the letter by Certified Return Request Mail because they are so shady. :evil: Do a search on cease and desist and you will see how others have used the C&D. :goodluck:

I have requested validation from them.. and I got a piece of paper with my name, address, the name of the utility company, and a total. I have sent them a second letter stating this is not good enough and used the letter in the DV section. My question here is how to fight it on the CAs.

There is no section in an online dispute that applies and so i tried calling. I am sure this is my debt but it is to old to collect off of and I did not even know about it until recently. So again... what do i say to the CAs as the reason for the dispute? I have been getting my cedit back to where it was 5 years ago (785 dammit) and this new ading has lowered it back down to 620 with an additional collection account. I gues I am just lost as to what the tell the CAs as to what I am disputing.... mainly i am disputing that they bought a debt they cant collect and are just adding entries to my credit report to try to strong arm a settlement. Transunion didnt think that was a good reason...

Posted
(785 dammit) and this new ading has lowered it back down to 620 with an additional collection account. I gues I am just lost as to what the tell the CAs as to what I am disputing.... mainly i am disputing that they bought a debt they cant collect and are just adding entries to my credit report to try to strong arm a settlement. Transunion didnt think that was a good reason...
:shock: That is quite some score. Yeah, I'd be a bit miffed to say the least. :lol: My first tip would be NEVER call a CA! They will try everything to try and guilt you into paying. :? Did that piece of paper validate the date of this debt? If in fact it is out of SOL, as I mentioned, send a letter that says this is "time-barred". That is your dispute. They need to know you know how they operate and that you are very well aware of your consumer rights in regards to how they go about collecting on time-barred debts.
Posted
:shock: That is quite some score. Yeah, I'd be a bit miffed to say the least. :lol: My first tip would be NEVER call a CA! They will try everything to try and guilt you into paying. :? Did that piece of paper validate the date of this debt? If in fact it is out of SOL, as I mentioned, send a letter that says this is "time-barred". That is your dispute. They need to know you know how they operate and that you are very well aware of your consumer rights in regards to how they go about collecting on time-barred debts.

I am not worried about my communication with Asset. My concern is the Credit Agencies. Asset only has one way to legally contact me now and that is by mail. I think i was using the wrong abbrv. meant credt agencies, not collection agencies. sorry

Part of the debt validation flowchart discusses disputing with the Credit Agencies. I do not know what I am supposed to dispute with them in order to get this cleared from the credit report.... or even to get the dispute started. The options that are given online are limited. "debt was paid", "Debt too old", "Settled but not showed that way","not my debt" etc etc. I am not sure claiming it is not my debt is the right one because I am sure it is.... they just cant collect and it falls off in 2 years.

So in the debt validation flowchart with the Credit Agencies, what is my basis for dispute? What is it I say or request from them to get a dispute started.

Posted

This is what I would do.

Send a cease and desist letter to Asset letting them know that they have sent you proof that this is a time-barred debt. That they should not continue to collect which includes reporting to the CRA. You need to copy your AG and their AG. Give them the opportunity to "correct" their records. Chances are they will remove the TL when they see that you know they cannot legally collect on this debt.

You can then dispute with the CRA as information is inacurate. CRA's need to investigate and if they cannot verify they will remove the TL. If Asset verifies with the CRA and does not validate with you they are in violation. You can go ahead and dispute with the CRA without sending the letter to Asset but knowing Asset I would first go right back to them and have THEM remove this TL. BTW, this is what we consider the 1-2 punch. Requesting validation from CA and once they are in receipt of your request for validation, dispute with CRA. Process followed in this manner has worked for many of us here. Maybe others will chime in and give you their take on this. :)

Posted
This is what I would do.

Send a cease and desist letter to Asset letting them know that they have sent you proof that this is a time-barred debt. That they should not continue to collect which includes reporting to the CRA. You need to copy your AG and their AG. Give them the opportunity to "correct" their records. Chances are they will remove the TL when they see that you know they cannot legally collect on this debt.

You can then dispute with the CRA as information is inacurate. CRA's need to investigate and if they cannot verify they will remove the TL. If Asset verifies with the CRA and does not validate with you they are in violation. You can go ahead and dispute with the CRA without sending the letter to Asset but knowing Asset I would first go right back to them and have THEM remove this TL. BTW, this is what we consider the 1-2 punch. Requesting validation from CA and once they are in receipt of your request for validation, dispute with CRA. Process followed in this manner has worked for many of us here. Maybe others will chime in and give you their take on this. :)

Ok so i just get ahold of each of the CRAs and dispute and just say the info is inaccurate and that is why i am disputing? I dont need to tell them anything else?

  • 3 weeks later...
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