Just sent hate mail to Asset Acceptance

[secondchances]

I really love the new USPS service that allows you to send certified mail online. This is the greatest thing since sliced bread!!!!

My beef with Asset is violations of the FCRA, specifically they never reported the DOFD within the first 90 days of reporting as required by the FCRA and they have repeatedly reported the DOLA wrong as compared to what the OCs reported. I sent them copies of the reports showing the TLs from the OCs and compared them. I also told them I feel that Asset owes me for the stress and confusion of disputing this crap over the last five years. Oh I forgot to mention that after supressing one account for almost a year, it came back with no DOLA and a DOFD of 11/2007!!!!! In fact, both these accounts they have are reporting no DOLA and DOFD of 11/2007. I am flabergasted. I gave them ten days to response after recept of my letter. I want money from them and an apology and these damn accounts cremated.

[savymicheal]

First dispute the date of first deliquency with credit bureaus! Oh did i mention you should have never dealt with them in the first place!!!! Secondly contact the oc which you should always do even debt is sold because they usually are more willing to help you in terms of reporting the true status of the debt. The oc can make debt collector report the actual dofd and such! If they cant help you them on to small claims court! You said you have dealing with assest for 5 years this debt may be out of statue or close to it so dont pay a dime even they have reported the dofd as 11/07 never with a fraudulent collections or any collections for that matter other than telling them you are to sue them!! That's the rule always!!! Just concentrate on paying your other debts on time!!! Once the debt collector realizes you are not going to pay them they will move on and not respond to a dispute via credit bureaus and hence let the debt drop off but it will take a awhile but remember.

[Debt Guy]

Chance:

You are never going to get an apology from AAC -- they don't know the word. The only way to punish them for their error is in court.

Michael suggested you contact the OC to have them make AAC report the DOFD correctly. Michael is mistaken - once the OC sells the debt they have zero power to make the debt buyer do anything.

But, contacting the OC is a good idea for another reason. If you sue AAC, the burden of proof will be on you. Judges are very reluctant to accept a credit report as proof since they know as well as you do that credit reports are full or errors and unreliable. You want to get something in writing from the OC to establish the DOFD. Then you have a definitive document to use with the court.

This is not a defense of AAC and similar companies (although I well know that many on this forum will think so). You have been trying to use a credit report to convince AAC they are reporting wrong. All your communications ends up on the desk of a low wage drone who has a mind-numbing job. They get your dispute, check their computer file and then ignore you. They are told to trust the contents of their computer file (which reputedly comes from the OC) instead of listening to you. However, if you were to send a copy of something from the OC which establishes the DOFD, you are much more likely to get the result you want.

I offer than explanation so that you can better understand how to get what you want. Results are all that counts. Sun Tzu cautions us that we gain power when we know our enemy.

I think Michael is wrong on much of his other advice on how to deal with the owner of the debt but that is a different story for a different day. Just suffice to say that debt owners do not make decisions one debt at a time -- they have millions of accounts in their computer files and pretty sophisticated models to determine what to do next. In my experience, only contingency agencies will decide to move on since they are paid on commission, know the debt will be recalled in a couple of months and will sometimes only work the pool to cream off the low hanging fruit. Debt buyers like AAC don't think that way since they are in it for the long haul.

Good luck to you.

[secondchances]

Thanks for the response. I have actual statements from the OCs, not the last ones but statements nonetheless that help to prove my case.

Do you think that a judge will consider the fact that Asset never even took the time to respond to me or even help me resolve the issue?

[Debt Guy]

Do you think that a judge will consider the fact that Asset never even took the time to respond to me or even help me resolve the issue?

Personally, I'm not convinced they have a duty to help you do anything. But, they are required to follow the law. If you have a cause of action, it will lie in their failure to comply. Read the FCRA carefully and then proceed.

[Ahntara]

You may wish to pay particular attention to 1681s-2, Subsection 623(a)(5). (Does this portion of the FCRA have a private right of action?)

"...they never reported the DOFD..."

The FCRA requires Data Furnishers to provide this date to the CRA's, but no where does it require them to publish it or provide it to consumers, from the referenced portion above "...notify the agency...". Consequently, this date typically doesn't appear on either credit 'reports' or copies of Consumer Files (per the FCRA) provided to consumers. One of the CRA's (TU?) has an 'date of estimated removal' or some such nonsense. But this is not THE DATE, which we cal DOFD.

Perhaps I'm being too picky.

[2001Badyear]

Ahntara, as always, is absolutely correct.

They have to provide it to the CRA's but the CRA's are not required to report it and mostly do not do so. If in doubt, I have had success with calling the CRA's and specifically asking for this information. The rest of the dates you see on the reports, for the most part, are worthless.

[secondchances]

if there is a space on the CR for this and it left blank, that is not a violation? How in the world am to verify if my CR is accurate if the data is not listed? How is anyone for that matter?

[2001Badyear]

It's one of those frustrating little things we deal with. They could obviously list this date, but as they are in bed with the data furnishers, who pay them, they choose not to. Some will sometimes list an "estimated" fall off date, most will not. I've had success just calling the CRA's and asking for what is being reported to compare with what I know.

This is not fool prrof, but if within the TL timeline they show the 30, 60, 90 etc. until the CO, in most cases the first yellow 30 day month is the correct date for the DOFD. Although the FCRA seems to say they can report for up to 7-1/2 years, I've generally seen they drop at and oddly just prior to 7 years.

Either way, you need to dig to find this actual date for DOFD as it's usually the most important for calculating other dates.

[prettykitty]

i need that unpublished date on several of my t.l.'s. i found this ltr on another forum, check it out & tell me if you think it will work.

KMK

address

Dumb CRA

address

Date

Re:File #

To Whom It May Concern:

This is a formal request for information contained in my credit file. Per the FRCA, � 609. Disclosures to consumers [15 U.S.C. � 1681g], I am entitled to all information contained in my credit file. The FTC�s opinion is that a consumer should also have access to any archives a CRA may keep; FTC Staff Opinion Letter Cohan (08-01-00). Please furnish me with all information you have under my name and/or Social Security Number.

I am particularly interested in the date of first delinquency, as reported by the furnisher of information, for the following accounts:

OC

Acct. #

CA

Acct. #

I respectfully request this information be furnished within 15 days upon receipt of this notice. Your failure to comply with the law set forth by the FCRA may result in the involvement of my legal counsel.

Best regards,

KMK

Certified Mail

Cc: FTC

"Always do what you are afraid to do."