ImaBird Posted February 18, 2008 Report Posted February 18, 2008 I sent a timely DV to Asset Acceptance on Jan 30. The deadline was yesterday, and they haven't validated.How long do they have to remove the tradeline?
rmuse00 Posted February 18, 2008 Report Posted February 18, 2008 Unfortunately, it doesn't work that way. DV'ing does not guarantee removal. When you request CA's to validate you are excercising your right to dispute. If the account is being reported inaccurately the tradeline must be updated or must be removed if the information being reported cannot be validated by CA reporting it and if disputed timely, within 30 days of their initial communication with you. I see you disputed withing 30 days. Have you disputed with the CRA they are reporting on? A tradeline that is out of SOL or not reporting accurately is more likely to come off when a proper validation is requested and almost simultaneously disputed with CRA's. It's Asset so I am not surprised that they disregarded your DV. If you already disputed with CRA's send a stronger DV letting them know that they must respond or stop reporting tradeline copy their attorney general and yours. This to let them know you mean business and that the FDCPA is not something they can opt to follow or not. Remember to keep copies of everything you send and if possible send CMRRR or registered so you can keep track and prove willful noncompliance if it ever has to go to court. That is why DV's more than once is important. They can claim error but not on more than one ocassion. Asset is known for violating the FDCPA. When dealing with a JDB most likely patience and persistence along with a good paper trail will be key! Hang in there!
ImaBird Posted February 18, 2008 Author Report Posted February 18, 2008 Wow... so it doesn't matter that they totally ignored a timely DV request?
rmuse00 Posted February 18, 2008 Report Posted February 18, 2008 Of course it matters. Just not worth the time and money to go court over. Maybe a slap on the hand for some of these CA's. BUT, you get them on willful noncompliance and it can quickly add up to the type of fines that can actually send the CA running! IMHO of course!
asylum23 Posted February 24, 2008 Report Posted February 24, 2008 I'm on my 3rd DV letter to the CA that is after me. They ignored all 3 letters, continue to call me daily and continue to report it on my credit. So it seems they can do whatever they want, although illegally!
flak88mm Posted February 25, 2008 Report Posted February 25, 2008 I'm on my 3rd DV letter to the CA that is after me. They ignored all 3 letters, continue to call me daily and continue to report it on my credit. So it seems they can do whatever they want, although illegally!Send them an ITS letter, maybe something will happen.
asylum23 Posted February 25, 2008 Report Posted February 25, 2008 What is an ITS letter? I have begun going to the CRA, I doubt if that will be much help. But the CA has ignored my 3 letters for validation, signed for them, and continiue to call and report it on my report. Thanks!
Feel violated Posted February 25, 2008 Report Posted February 25, 2008 The OP, ImaBird wrote--- I sent a timely DV to Asset Acceptance on Jan 30. The deadline was yesterday, and they haven't validated.How long do they have to remove the tradeline?---------------------------------------------------------------------------------------------------------------------------------------------------------The deadline, what deadline? The consumer has a 30 day deadline to do a timely DV, the CA has no such time limit to respond under the FCRA or the FDCPA. However, if they receive a timely DV, they are supposed to mark any of their debt reporting on your CRA's as in dispute and cease collection efforts until they respond to your DV. I am somewhat surprised that asset has not responded to your DV, just don't expect it to yield much of any new information. Unless they validate it back to the OC, which asset seldom can, it will constitute debt validation but itwill not stand muster in court.Technically you can sue for up to $1000 in damages if you can prove asset violated the law, but you generally have to prove a pattern of violations. And sadly, under the FDCPA, the first and all subsequent violations still yields only the up to $1000. So the second, third, and all other violations are on the house. And with only up to a thousand to win and the fact that the judge could rule in your favor and only grant you a dollar, its mostly impractical to sue under the FDCPA. FCRA act violations are always better, because they are denominated at a thousand per violation.Leaving asset free to basically thumb their noses at the consumers on FDCPA violations. You could send them an ITS letter ( Intent to sue), it may get their legal department worried enough to do something, but all they have to do is claim they sent you a letter that you must have not received.Its all part of the junk debt buying game. You have to remember that asset only collects on the order of 1 debt in 25 or so. And their collections mainly hinge on negative reporting on your CRA. That and on the fact that most consumers are ignorant of their legal rights. When those friendly folks at asset welcomed me as a new client, this forum was a lifesaver to me because it taught me my legal rights. And once I knew what game asset was playing, I pretty well knew suing those rascals would not be practical. And sure enough, I started the dispute process and asset did exactly what this forum predicted it would do. And partly because I had the proof the alleged debt they were collecting on was bogus, partly because of some favorable circumstance, and partly because I had descent State AG, I was able to force asset to eat the paper, promise to never bother me again on that matter, and to cause asset to spend a bunch of time and money doing it.The cherry on top for me was an in writing admission by asset that they had absolutely no knowledge about what they were trying to collectSo dispute, dispute, and dispute. And know your enemy and every weak point. And the more you know about the facts of the matter, the better off you are. Know your legal rights and this forum is a great place to learn them. Know your State SOL's, know what the CA can do and not do, and one is always better off.
Tony Posted March 4, 2008 Report Posted March 4, 2008 What is an ITS letter? I have begun going to the CRA, I doubt if that will be much help. But the CA has ignored my 3 letters for validation, signed for them, and continiue to call and report it on my report. Thanks!ITS intnet to SUE
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