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What defines a "Billing Statement" for validation?


sinfall
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My wife DV'd a CA asking for the billing statements,original application, etc. She has found out a family member has been using her identity and this looks like a prime example of it.

Asset Acceptance replied back with my wife's name, current address and total owed on ...THEIR COMPANY LETTERHEAD! It also said "This information has been prepared for you with information provided by prior creditor"

Is what they provided for validation enough to be covered under the FDCPA?

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My wife DV'd a CA asking for the billing statements,original application, etc. She has found out a family member has been using her identity and this looks like a prime example of it.

Asset Acceptance replied back with my wife's name, current address and total owed on ...THEIR COMPANY LETTERHEAD! It also said "This information has been prepared for you with information provided by prior creditor"

Is what they provided for validation enough to be covered under the FDCPA?

Short answer: Yes

If you beleive she is a victim of ID theft then file the correct paperwork (police report, ID theft affadavit) Send it to the CA and CRA's and be done with it. Follow the steps in this stickie:

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=219304

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Short answer: Yes

If you beleive she is a victim of ID theft then file the correct paperwork (police report, ID theft affadavit) Send it to the CA and CRA's and be done with it. Follow the steps in this stickie:

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=219304

Unfortunately the ID theft was carried out by my wife's mother and she does not want to take her mother to court for ID theft. (if it was me, I'd be doing whatever I can to send that woman to jail). So we were hoping to get an address from where the account was opened to 100% determine if it was her mother who opened the account.

So I guess pushing for more validation will be a lost cause?

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Unfortunately the ID theft was carried out by my wife's mother and she does not want to take her mother to court for ID theft. (if it was me, I'd be doing whatever I can to send that woman to jail). So we were hoping to get an address from where the account was opened to 100% determine if it was her mother who opened the account.

So I guess pushing for more validation will be a lost cause?

You could push but based on my experience with Asshat your looking up the a$$ end of a dead dog.

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To sinfall,

As someone new to this board, I have to somewhat guess you don't necessarily understand the answers you are getting from NASCAR_Devil. And you are perhaps also missing something when the CA happens to be an low ethics outfit called asset acceptance. But as you correctly point out, you are in a somewhat delicate family situation.

So perhaps some educational points are in order.

1. At the top of these forum pages are two rows of topics marked in blue including something called the FDCPA which is simply the entire text of a Federal law called the Fair Dept Collection Practices Act. If you look at section 809, you will see what they must provide you is not a very steep hill to climb. So in that sense, short answer, yes is correct. But the hill gets far higher if asset wants to sue you in court because then asset acceptance must provide records directly from the original creditor. And the code words "This information has been prepared for you with information provided by prior creditor" probably mean that is the information asset has in its own records. Which a court will be unlikely to accept. The court, like you, will want to see the original documents Asset probably does not have and cannot get.

2. You are missing a giant clue when you say asset acceptance which is a collection agency that tends to buy " Junk Debt." And the fact asset holds the paper tends to but does not always mean there is something flawed about the debt. Usually it means its out of your State Collection SOL ( Statute of limitations for suing--so check your Maryland State SOLs), its often means the original creditor will not provide records to asset which usually owns the paper they try to collect on, or the debt is flawed in some other way. Asset does have a track record of suing, they can get a default judgment against if you do not show up in court, but very often loses in court if the defendant makes a fight of it because asset can seldom get records from the original creditor.

3. You are not the lone ranger here on identity theft by family members. You can assert identity theft without telling anything you know about who done it. Only one thing matters,

you didn't do it. The burden of proof is then on asset to prove you did. And even if someone investigates, the chance criminal charges will result against your mother in law is very low but not zero. And why do I get this read between the lines feeling there is a bunch more debt out there run up by your mother in law. So you might face financial ruin just to save her butt. I also hope you are putting some fraud alerts with the credit reporting agencies so your mother law can't easily run up more debt in your name.

4. You probably should consult with an attorney experienced in this area of the law. Most attorneys are not and hence will give you bad advice. And this forum is a great place to learn the ins and out of credit law. So some self education is in order and some veracious reading here for five or ten hours should profit you. And you have some powerful legal rights

if you do assert identity theft.

5. Try to learn as much as possible about what asset has. Do they own the debt or are they collecting for the OC? What is your State SOL? What are ALL your options? Try to lose your emotions on this because its going to be an emotional matter for you. To them its simply a profit and loss business. Asset makes no money if they try to put your mother in law in jail.

And most attorneys will talk to you about the matter for free, find someone you are absolutely comfortable with if you decide to hire an attorney. Your first duty is to yourself, your wife, and your family.

I just hope I have given you something hopeful and some insights about your situation. Hopefully others on this board will chip in with some other comments. Only you can decide on

your ultimate course of action, but knowledge is power.

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Thanks for the helpful reply! I did a lot of reading. My wife has turned completely against the idea of throwing her mother under the bus for her debt due to ID theft, but she has been confronted and has agreed in writing that if we are taken to court from it, she will repay the money we lose to us.

My only question is, if we are sued and goto court and lose, do we have the opportunity to make a settlement deal at that time for monthly payments or are we hit hard for the total debt?

We were able to roll a debt back to her mother with proof of residency elsewhere when the MOL used my wife's SSN for the heating oil company for their home, but these other items we all opened while we were living with them for a brief period of time before we got married, so we have no proof other than our word.

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Thanks for the helpful reply! I did a lot of reading. My wife has turned completely against the idea of throwing her mother under the bus for her debt due to ID theft, but she has been confronted and has agreed in writing that if we are taken to court from it, she will repay the money we lose to us.

My only question is, if we are sued and goto court and lose, do we have the opportunity to make a settlement deal at that time for monthly payments or are we hit hard for the total debt?

We were able to roll a debt back to her mother with proof of residency elsewhere when the MOL used my wife's SSN for the heating oil company for their home, but these other items we all opened while we were living with them for a brief period of time before we got married, so we have no proof other than our word.

Is your MOL repaying you the money she owes worth the 7.5+ years of derogatory information on your CR's and higher interest rates on auto and mortgage loans?

If you are taken to court you would likely have the opportunity to work out a settlement or repayment plan with the plaintiff but I would still make them fight for it. Make them prove that it is your debt. Asset is the lowest of the low and I would be surprised if they have anything more than your name and an amount on a sheet of paper.

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