We are being sued by Asset Acceptance for a debt we have over paid!

sorry this letter you put up

OK guest what you need to do is format this letter to your needs and send it to Asset Acceptance LLC. Send it certified mail return receipt requested. Do not sign the letter only type your name. Also check your credit reports to make sure they have not placed this alleged account on there.

Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,

Ok so you went to court over this...did they get a default judgment? What happened? So in one year the balance went from $1400 to $3200? How much had you paid that entire year?

I am definitely sure that particular DV letter is not the right letter to send. Need more information on the situation before suggesting what your letter should say.

Check your credit reports and see how the account is reporting. You will definitely want to dispute the amount as it has more than doubled and judgment interest rate is usually 10% so for a whole year the interest should have only been $140. Now if you have been paying monthly, then the amount you owe goes down each month and the interest changes...so if you have been making regular payments for the year then the interest wouldn't even be $140...it would be lower...so there is something VERY wrong here!

Please give us more details about the account.

Oh and if you do have a judgment, it should list the interest rate and how it is compounded, then we can figure out exactly how much it should of been...but no matter what I am fairly sure $3200 is not right.

i do have a judgment on my report and i did start paying it for five months, but i thought it was all very strange because i got only one letter from the guy from the court house nothing not even anything in the mail, and the letter had one address on it and he said just mail the check each month to that address, that’s it, no phone number no nothing. i didn’t know if i was sending it to the right place or if they even received it. i had no knowledge of what was going on plus i was paying more than double what i owed, so i had no clue what was going on so i stopped sending checks to the un know address.
what should i do? i called and some lady in legal was so rude to me I started talk and asked what can I do she interrupted me, said to stop talking and wouldn’t even let me explain myself, and when i asked if i could settle, she asked how much i had, i told her and she said it would be a down payment and to call when i got money, then hung up on me very rudely. i had never been talked to like that ever..what should i do i want to pay it off but there so hard to work with and i want to pay what i owe not double what i owe...

please help,
thanks

they have even went as far as declaring that they will be offsetting my tax refund for a utility bill that the sol ran out on 4 years ago. So I would suggest to everyone to research the information out there as to what they can do.

your company is very rude

3 years ago I aquired a Citi bank card from Citifinancial. and if I did not use it I could terminate use of so said card. I did not use it and sent in a stop paper saying that I did not want it. A company
who did credit card check continued to charge me bills. With each contact the payment went higher eventually I recieved a letter stating if I would pay half the bill would be considered done. about 3 months ago I got a letter from Assest Acceptance saying I owed 113.00 on an outstanding
debt from Citi bank credit card that they had bought out. They want me to prove that I got that
letter and paid the half amount. I do have the money order but no letter stating that the bill was
complete. I asked them to contact Citi bank for there records and the person called "Dave" said
I need to prove that I paid them off . What should I do now. I really don't feel I owe this
ambulance chaser group anything. Or should I just pay it off and say A lesson well learned
Citi bank and Asseet acceptance are blood suckers.

You don't need to prove anything. THEY need to prove it to you, not the other way around. Now, is there any way for you to get a copy of this settlement? You should contact Citi and ask them the status of your account....what balance, do they have any record of the deal made, etc.

What I find curious is that you used their own option to stop the card...you never used it once?

You should write a DV letter to them and you want a copy of the signed agreement/contract, a final statement and something that proves they are the correct entity to collect. Inform them that as far as you are concerned you do not owe citi anything and should they continue collection activity or sue you, you will in fact countersue them for FDCPA,FCRA, and FACTA violations.

ASSet Acceptance is ran by clowns. These fools, have made the mistake of calling me once asking for some lady with my last name, I politely told them I was not that lady. That was the first day. The second day the called me at 8:45pm ( past the time they are supposed to be calling anyone mind you) And again they were askin me if i knew where this person was and if im sure I'm not that person ( wtf??*lol*) and they even went as far as to read this person's SS# to me. I couldn't believe they did that. But that was not all, the dumb arses started callin me 3 times a day askin for 2 different names and an adresse I never lived at. After a few weeks of this, i got fed up and told them they need to stop it as they should underdtand by then that I was not the person they were after and that I understand they have a job to do, but they needed to leave me alone. The calls have kept up since only now they like to use masked numbers and when i pick up they just breath on the phone *lol* even when they decide to show their number. But I have just reported them to Chris Koster Attorney General of Missouri. So i shall see wot happens with that.

the best way to deal with the collection company do not pay them! When they call my cell phone I always said " sorry you call the wrong number"

This company is crazy. After four year they found me living at another address. They serve me paper to go to court, I made arrange to paid them,but when I could"t pay I called them to change the date, no one would call me back. They try to take the money any way, so I close my account . Then they come after me with a judgement,which is on my credit report, now they have garnishment my paid for it ,Can you please help me?