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Posted: Mon Aug 25, 2008 9:59 am Subject: Debt Validation Followup

I have asked Asset Acceptance (via certified letter) to prove that I owe a debt that they claim that I owe and they have not been able to prove anything. I’m at a roadblock I’m not sure what to do next. I’ve given them a 30 day deadline to provide proof. How do I get this off of my credit report? I’ve been searching your templates for an idea the last letter I used was from your website which has been SO helpful!!!! But I’m stuck. How do I get these people to go away for good this time! They haven’t a leg to stand on! I guess I need the legal words to get them off my back! Help!! Please!!

Posted: Mon Aug 25, 2008 11:40 am Subject:

This sample letter was in the do it yourself section of this community.

If your collection agency fails to send you an adequate proof of your legal obligation to pay a debt, then you might write them a letter.

Posted: Mon Aug 25, 2008 11:45 am Subject:

who exactly would the above letter be sent to? It refers to the collection agency as being another entity ... isn't a letter like that sent TO the collection agency? I am super confused!

Posted: Tue Aug 26, 2008 7:17 am Subject:

I was under the impression that you, as a consumer, had 30 days to respond when you get their letter to dispute the debt. And that, the Ca had no time limit to respond, unless you live in Texas, and I believe there may be a few other states as well.

When I have sent a follow-up letter, I included a copy of my first one,along with an "I am still waiting for the complete info to be sent", and the last time, mentioned that they had been contacting me before validating, as well as giving my info to someone else..Good Luck

I may be wrong on this, if so, someone will come along and help!!..karen

waytooperfect · Posted: Wed Aug 27, 2008 10:05 am Subject: Debt Validation Followup

This was the letter that I sent. Should I follow up with a different one stating that their time is up they couldn't validate therefore it should be removed immediatly from my credit report. I know what I want to say but maybe a more "legal" way to put it to get them to take it off or I will pursue. . . that sort of thing

Thanks

Posted: Wed Aug 27, 2008 10:09 am Subject:

Bossy is correct....they have no deadline to provide validation. If your DV was timely, then they must cease collection efforts until validation is provided but they never have to respond.

Posted: Wed Aug 27, 2008 10:16 am Subject:

But if they never responded, then aren't they supposed to stop reporting it to the credit bureaus? Or am I confusing that with something else?

Posted: Wed Aug 27, 2008 10:31 am Subject:

I was thinking that if they didn't respond to a validation request you could dispute it with the CRA???

Posted: Wed Aug 27, 2008 10:34 am Subject:

waytooperfect · Posted: Wed Aug 27, 2008 10:55 am Subject: Yikes

So now what? I wait? The one thing they did say is that this was a debt about 13 years old. I know the SOL in TX is 4 years. So if this is that old they shouldn't even be reporting at all right! I just need this to go away already. I don't even know who this debitor is anyway. I think they are crazy.

Posted: Wed Aug 27, 2008 10:56 am Subject:

Try disputing it with the CRA's with the above info, out of SOL.

Posted: Wed Aug 27, 2008 11:20 am Subject:

If it is 13 years old it should not be on your credit report. I would dispute it with each one if it is on there. You will have to wait for their response and then pull a new report. If it shows up again then the CA violated the FCRA and you could sue and win. While you are disputing with them I would also send another DV letter to the CA with a full Cease Comm attached.

waytooperfect · Posted: Wed Aug 27, 2008 1:52 pm Subject:

cool! sounds good to me! thanks to everyone who posted. this has helped so much!! Smile

Posted: Thu Aug 28, 2008 2:15 am Subject:

OK, not to stir that pot any.

A few months back, when I was being sued by CA, I asked my attorney from Legal Aide exactly how long a CA had to respond to validation. She responded it was 30 days.

Now, I don't know if that's Florida thing or not, as I thought Texas was the only state that did set a time limit for CA's to respond. It does seem, though, there is a lot of confusion surrounding that 30 day window, with all parties involved.

Just thought I'd share.

Posted: Thu Aug 28, 2008 9:28 am Subject:

If it is 13 years old it should definately not be on your report, it could be a case of re-aging which is a big no-no. You mentioned TX SOL, does that mean you are a Texas resident? If so..then you actually are in a prettey good position, because according to TX law they HAVE to respond to any DV request within 30 days or they HAVE to remove it from the credit report, period. Furthermore, you could dispute with the CRAs while it is under DV and when they verify they have just violated even further and if you include the written notice in your letter, you could take them to court for thousands of dollars and win because you have them hands down. TX law is nice like that...

Guest · Posted: Tue Sep 09, 2008 11:24 pm Subject:

definately=
definitely
not that big of a deal but many look up to you here and see you spelling very simple words wrong and wrongly judge you by that do you use a spell check goldBlast?

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