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  #33  
Old 04-03-2008, 05:48 PM
jamesellis1982 jamesellis1982 is offline
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I do not want to deal with them over the phone because I do not have a voice recorder. I want everything done thru the mail so I can have proof for the future just in case I have to appear in court. I have rights to not deal with them over the phone.
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  #34  
Old 04-03-2008, 08:04 PM
bearah_ha87 bearah_ha87 is offline
 
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james- like was stated proof is only needed if DISPUTING- being you know you owe the debt you should be making payment arrangements instead of worring about recording people.. and they are not done by mail.. why would you have to appear in court? no asset collector would ever give you permission to record them.. therefore unusuable in a court of law.. like i also stated asset is a publically traded company.. you also have rights to pay the bill when it was owed not when its convienent for you.. i wish it worked like that but unfortunatly it dosent..

as for unclewulf- u sure have alot to say for someone who just said sumthing about not having anything nice to say dont post.. ur probably one of those lonely ppl who sit online and reasearch ways to sue people and owe collection companies tens of thousands right? read more throughally before you stick your nose in stuff!! umkay thanks!!
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  #35  
Old 04-03-2008, 08:21 PM
bearah_ha87 bearah_ha87 is offline
 
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to clarify the mailing- to make arrangements through mail it would be your settelment letter by the due date or the balance in full if not presumed by the due date.. monthly arrangements are made over the phone and usually can offer to hold interest and even eliminate a portion of the debt.. im not sure what fear you have instilled in you that debt collectors are out to get everyone? a majority of debt collectors have debts of their own.. they are people just like you and i..
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  #36  
Old 04-03-2008, 10:29 PM
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I have been dealing with Asset Acc and have requested that they provide me with legal validation of the said debt.

They have ignored the request and sent additional letters (a violation of federal law), sent another letter requesting validation and they provided a print out on their letterhead stating what I owed, I sent them another letter requesting vaildation and that they provide proff that the SOL was not expired.

Their staff attorney sent me a letter stating that the SOL was still valid and that she was requesting the required info from the Original Creditor. That was two years ago still have not heard anything. But they stopped sending me letters.

Asset Acceptance is a bottom feeder and cannot validate most debts so regardless of what Bearah says don't do anything until they prove this debt. You don't want it to come back later on and have a CA who is legally able to collect this come after you.
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  #37  
Old 04-04-2008, 02:08 AM
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socksfullofrocks socksfullofrocks is offline
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I..soooooo..agree..make them validate first before considering anything!


why such a mystery?
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  #38  
Old 04-04-2008, 03:00 AM
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unclewulf unclewulf is online now
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Quote:
Originally Posted by bearah_ha87
james- like was stated proof is only needed if DISPUTING- being you know you owe the debt you should be making payment arrangements instead of worring about recording people.. and they are not done by mail.. why would you have to appear in court? no asset collector would ever give you permission to record them.. therefore unusuable in a court of law.. like i also stated asset is a publically traded company.. you also have rights to pay the bill when it was owed not when its convienent for you.. i wish it worked like that but unfortunatly it dosent..
James, all you got to do to dispute something is say so. While you're at it, you have the legal right to see proper validation of a debt before you pay a dime. That's not just something I say, it's something the law says. And you have evry right, under Federal law, to deal with them through the mail only, or not to deal with them at all.

And if you live in a one-party state, you can legally record Asset's collectors without their knowledge, Bearah_ha87's assertions to the contrary notwithstanding. Look it up here.

I don't have the foggiest notion why Bearah_ha87 seems so welded to the idea that Asset being a publicly traded company means anything in this context. It doesn't. I suspect he's just grasping for more straws in order to make those bottom-feeders look respectable.

Quote:
Originally Posted by bearah_ha87
as for unclewulf- u sure have alot to say for someone who just said sumthing about not having anything nice to say dont post..
Am I using too many big words for you? Sorry about that. Let me make myself perfectly clear, then, for the record: You're a shill. Prove me wrong.

Quote:
Originally Posted by bearah_ha87
ur probably one of those lonely ppl who sit online and reasearch ways to sue people and owe collection companies tens of thousands right? read more throughally before you stick your nose in stuff!! umkay thanks!!
No, not hardly. I'm one of those people who sit online and research things a lot because I own a successful consulting firm, and it's my job. Every now and again, I pop on over here, just to bust shills like you. You see, unethical collectors piss me off. Liars of any variety really piss me off.

And there's nothing at all wrong with my reading comprehension. Too bad we can't say the same for your spelling, grammar, or composition skills.
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The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

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  #39  
Old 04-04-2008, 03:13 AM
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That's getting him told wulf... :lol:
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  #40  
Old 04-04-2008, 03:38 AM
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__________________
Wulfisms: my blog

The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]
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  #41  
Old 04-04-2008, 04:26 AM
bearah_ha87 bearah_ha87 is offline
 
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name calling is really mature!! gotta love it!! you were how old again??? haha!
being publically traded has a lot to do with a alot being you own such a successful "consulting" firm you could look that one up too! How is anything i said unethical? Its all the truth! It boils down to you know you owe you need to man up and take care of your business.. bottem line.. if its not yours (as soo many people claim) file a police report and send it to the collection company.. just remember its illegal to make false police claims.. as for the unknowing ness (being a bottem feeder?!) about asset acceptance- the company is the largest debt purchasing company in the US.. -- if theirs too much info there for you to look up at once i can break it down for ya (lemmie know)

as also was stated- THE FEDERAL F.D.C.P.A. LAW WAS PUT INTO PLACE TO PROTECT CONSUMER'S AS WELL AS debt collectors!!!!!!!
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  #42  
Old 04-04-2008, 06:20 AM
jamesellis1982 jamesellis1982 is offline
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Well Bearah if you would have followed when I first made the post you understand where I am coming from and why I want them to validate the debt. I am not about to be bullied into paying money if I don't have to. Also, I checked the legal rights of recording in my state of Louisiana. I do not have to notify them that I am recording their calls. I do not want to go thru that trouble. That is why I want to do everything by mail. I am not trying to get out of paying this bill. It is just that it was so long ago when I had a credit card and I do not have any info on it because it was all destroyed. I have been dealing and paying accounts to debt collectors for the past year so I know that most of them have nasty attitudes. Stop putting them on this pedestal like the consumer and debt collection agencies are the same because we are not. Most CA's try to bully and scare people into paying. Asset is a multi-million dollar company and I am the average working man who is trying to make it. Well guess what I am not scared of them. I work hard for my money and I just want to make sure its going to the right place. Also, if I have to make arrangements by phone then what is the purpose of a Cease and Desist letter if I state I only want to be contacted by mail. It makes no sense. I want paperwork and documentation of all conversations from now on. Reason being because with these CAs alot of different people will call you not just one person assigned to your account. I do not have the time or the patience to be figuring out each time I talk to someone I have to get their info. For all I know they can be using fake names. Yeah I got a couple of fake names in my experience with CAs. It has happened before so I wouldn't put it past nobody.
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  #43  
Old 04-04-2008, 06:59 AM
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I agree with you jamesellis1982, you should get everything in writing so all communique is documented. Also if they provide you with validation make sure you get any payment agreements in writing before agreeing to it yourself.
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  #44  
Old 04-04-2008, 07:53 AM
jamesellis1982 jamesellis1982 is offline
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I was thinking the same thing JCEMT. From what I have learned is that if its not in writing then you have no proof. I can't base everything off of phone calls.
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  #45  
Old 04-04-2008, 09:54 AM
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The only time you can possibly base it on a phone call is if you have it recorded. Even then they might be able to throw that collector the the wolves and say they were not authorized to make the agreement. So getting it in writing from a person authorized to accept said agreement is certainly your best bet. Almost all of the CA's I have dealt with had almost no problem with putting it in writing first.
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  #46  
Old 04-04-2008, 10:09 AM
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Bearah you are completely wrong on most of what you have said. Any collection letter sent out to a consumer after a validation letter received is a violation, period. This is law, look it up if you don't believe me or the others here. Plus many states have one party recording laws, which means that only one party (either caller or called) needs to know about it, so in those states it is perfectly legal and useable in court to record another without their knowledge.
It also is not always about “not being yours” It could very well be yours but an unethical and illegally acting CA decides to jack it up with interest or collection fees, but guess what? Unless the contract specifically states interest or any fees may be tacked on in collections, THEY CAN”T DO IT. Period. This is another reason for validation, it proves they are charging you legally..no contract, no fees. That is law you can go look up as well.
[img]/forums/attachments//bsm1_143.jpg[/img]
Ok..well that is completely wrong. For one, that 30 day notice is to let the consumer know they have the RIGHT to dispute. But it isn’t even just dispute, the law states any consumer may demand validation and by law the company MUST contact the original creditor and get all the documents and then forward these documents to the consumer. That is validation, and nothing else. It is up to the CA to provide proof of the debt, NOT the debtor. If there is a cease & desist then the CA can NOT call, other then one call to inform the consumer they are closing the account, or taking them to court. Each and every call would then be a violation.
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  #47  
Old 04-04-2008, 11:44 AM
jamesellis1982 jamesellis1982 is offline
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So, Golden I received a settlement letter yesterday that was dated on April 1, 2008. They stamped my return receipt on March 25, 2008. So, what you are saying is that that settlement letter is a violation because they tried to contact me for the debt?
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  #48  
Old 04-04-2008, 12:11 PM
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Offering you a settlement in response for validation request is continued collection activity and thus a violation of the fdcpa.
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