Debtconsolidationcare.com - the USA consumer forum

ASSet acceptance strikes again

Date: Tue, 08/21/2007 - 12:59

Submitted by anonymous
on Tue, 08/21/2007 - 12:59

Posts: 202330 Credits: [Donate]

Total Replies: 3


I sent a standardized validation letter in mid December to AAC and received a replay that did not fulfill the requirements of the validation letter. I also included the notice of written request for a cease to any telephone communication threatening continued calls would be considered harassment. I sent this certified mail and still have a copy of the signed letter and the receipt of the mailing.

Today I received a phone call on my cell phone from a rep of AAC. I cut her off and told her that I have documentation stating that they were not to contact me via phone, and that our conversation was done. 5 minutes later I received a call from the same representative on my home phone. She denied having any such letter in my file. She went on to tell me that the contact information was given to them by my wife in December of last year(which is the same time that MY WIFE AND I sent them the request for validation). She stated that in my file I have record of 2 payments, (which were incorrect by date). I told her I would check my records regarding this, and she finished with a quick verification of my work (which is very outdated), that I have an account outstanding, and that I am applying for a mortgage, have a nice day, Mr. *******. It seems as if the rep wanted to insight trouble between my wife and I, and sounded as thought she wanted to be argumentative and make me angry. I at no point acknowledged the debt during either conversation. They are clearly in violation of my notice, but what do I do next...a Lawyer will be more money than the value of the debt, but as a matter of principle I don't want to let them off the hook. Do I have any recourse that doesn't involve an attorney?


I guess the collector has already violated the cease and desist rule by calling you on the phone. As you have the receipt of the C&D letter sent to their collection address and they have violated the laws, it should not be a problem for you to file a case against them in the court. But the judge will ask for proof of the call that they have done. It will be better to wait for them to call you again and record their conversation. Then, you can show this recording to the judge. Be sure to check the laws of your state on recording the phone calls. In some states, you need permission of both the parties and if you record the conversation secretly, they will try to press charges against you.


lrhall41

Submitted by BKP on Tue, 08/21/2007 - 17:24

( Posts: 239 | Credits: )


They have already violated the fdcpa by attempting to collect without validating.First off pull your credit reports from each bureau.Next you want to take a picture of the caller id display if you have one.Next get a notebook and transcribe the conversation to the best of your knowledge.Lastly go to naca.net for a referral to a consumer attorney.You should be able to get one to take the case on a percentage to file your claim after all the evidence has been gathered.


lrhall41

Submitted by cajunbulldog on Wed, 08/22/2007 - 04:11

( Posts: 4850 | Credits: )


It is helpful to keep a record of all the calls you receive from the collection agency. So always maintain a detailed note of every collection call you get. You should always note down the day, time, the full name of the caller, the name of the collection agency and other details about the conversation. Dealing with debt collectors is very scary. They are tough, annoying, hard nosed and ruthless. Their sole motive is to collect your debt by hook by crook. From non-stop harassing phone calls to threats of wage garnishment, debt collectors can scare you like hell. But getting scared is not the solution. You have to be educated and be aware of your rights. So that no one can bully you

Take care
Nelly


lrhall41

Submitted by Good Nelly on Thu, 08/23/2007 - 03:05

( Posts: 2846 | Credits: )