Asset Acceptance LLC Response
Date: Mon, 10/15/2007 - 20:12
Quote:
What the original debt is for. The amount of the original debt. How you arrived at the amount you say I owe. The interest charges applied to the original debt. All payments received regarding this debt with the original creditor including the date and amount of each payment., This requirement was established by the case Fields vs. Wilber Law firm, Donald L. Wilber and Kenneth Wilber USCA-02-C-0072, 7th Circuit Court, Sept. 2004. Any penalties associated with the original debt and the reason or reasons for those charges. Proof that any interest charged does not exceed that allowed by law in the State of Texas. Provide me with any papers that say I agreed to pay what you say I owe. Proof that the collection agency owns the debt or has been assigned the debt. Proof that you are licensed to collect in the State of Texas. |
We received a "response" from them today in the mail:
Quote:
We are in receipt of your correspondence regarding information reported by a credit reporting agency related to the above referenced account. We have reviewed the information you provided, as well as our notes and the information provided by the original creditor. As a result of our investigation we are hereby denying that the information being reported on your credit file is inaccurate, and we have reported your account as "disputed" to the credit reporting agencies. |
That's it!!!! They did not provide any of the information we requested! I have another letter ready to go, stating that they have not provided properly validation, and reiterating what we require.
Question: They received our original request on 10/4/2007. By my calculations, they have until 11/4/2007 to comply. If I turn around and immediately send them another letter that the last response is not adequate, can I still hold them to the original 11/4/2007 deadline, or does the 30-day period have to start all over again with a second request?
Although it is not always clear what constitutes proper validati
Although it is not always clear what constitutes proper validation, this is surely not it. Go ahead and send your letter, but you should also contact a consumer lawyer licensed to practice law in your state. Naca.net is an excellent place to start, or try contacting Ahmad Keshavarz in Austin: austinconsumerattorney.com/
That sounds like a letter stating they have gotten your request
That sounds like a letter stating they have gotten your request and they are looking into it.
What 30 day deadline are you talking about?
In your second letter you could put something like this: Quot
In your second letter you could put something like this:
Quote:
In my first correspondence to you I asked for proper validation of this supposed debt, which you did not provide. You received my letter on 10/4/2007 and have 30 days to either validate this debt or permanently stop collecting on it. I expect the proper documents no later than 11/4/2007 or I will consider this matter to be finished and this account removed from my credit reports. |
I have kinda the same situation with LVNV. I sent a DV and they turn around and send their attack dog lawyer after me to collect the debt..so I just send the lawyer a letter informing them that since LVNV felt the need to include them in this situation by having them collect for them, they are now burdened with providing the proper validation by the time I gave LVNV...I also included a copy of my letter to LVNV and then I sent a letter to LVNV telling them that having the lawfirm continue to collect for them was the same as continuing to collect themselves and therefor a violation. :D
Golden...I do have similar language in my letter, reiterating th
Golden...I do have similar language in my letter, reiterating the date that they received my request for validation, and noting the deadline which I expect such validation.
FYI...according to Texas law, the creditor/debt collector has 30 days to validate a debt from the time they receive such request for validation (hence, why all letters need to be return receipt). If they do not validate the debt in that 30-day period, they are required to stop any attempt to collect the debt, and remove it from your credit report. I do not read the response as a "we are looking into it" kind of response. They have flat out said, "As a result of our investigation we are hereby denying that the information being reported on your credit file is inaccurate..." It says nothing about looking into anything further. They are required to report the account as disputed by law, because it is in dispute. If we do not respond to their denial, they have the right to place the account back into a collections status....which is what they are hoping will happen of course (because they are hoping we do not know our actual rights, and will just accept their letter of denial).
Oooh you are in Texas! Me too. :D That changes things, gives
Oooh you are in Texas! Me too. :D That changes things, gives you many sharp pointy teeth to rip the CAs into tiny little pieces. I would also include the notice so you can nail them on deceptive trade practices too, that way if you take them to court you can get triple damages.
subi girl I hope you stick around forever and ever!!! your comme
subi girl I hope you stick around forever and ever!!! your comments and experiences are what makes this sight truly subjective and a place where experience is the key that people are searching for when they originally enter this sight-- thanks again for being here! golden blast you also rock--keep on keepin it real and thus the outcome will be what will be!
DV LETTER
I recently received a notice from palisades collection regarding two accounts showing on my credit bureau report. I called them and politely asked them to validate the debt. They did send me a one sheet response on both accounts listing the creditor and the amounts of each account. I followed it up with a debt validation letter and they still have not responded as of today's date. I was told on the phone that if I called and requested debt validation or mailed in a letter that it was as good as saying that I owed the amount and they would hold me to that.
Is that correct information from the CA?
I sure don't see it that way Roo. Actually i see it as quite th
I sure don't see it that way Roo. Actually i see it as quite the opposite! The reason u want validation is to see "if" the debt truly belongs to u and nto someone else!! I don't think asking for validation is admitting to anything.
But then again that's just my opinion. I'm sure someone will be along shortly who knows this answer.
Ang
I do remember reading in another thread that a request for valid
I do remember reading in another thread that a request for validation is not acknowledgment of the debt....that is why you want it validated - to make sure it is yours.
If all they provided you was the creditor and the amount, that is not proper validation. This information is easy to get...all they would have to do is inquire your credit report! They need to show you proof they own the debt, that they are licensed to collect in your state, how they or the OC came to the amount they say you owe, proof that you agreed to the terms of the debt (i.e., interest rates, payment amounts, what would happen if you missed a payment, etc.), etc. They can't just say, "You owe us...." You have the right to the information, and they have to provide it. If they cannot provide it, they have to remove their information from your credit report. They can only remove what was reported by them, not the OC. The information from the OC will stay on your credit report for 7 years from the date of default.
If you dig around this forum, you will see that Palisades is one known for using unethical tactics to get you to pay. If they do not respond to your validation request letter, send another. If they still do not respond/validate, and either continue to report on your credit report or continue to try to get you to pay, report them to the FTC and your local attorney general's office.
roogirl was the "validation" they sent you in your opinion an ac
roogirl was the "validation" they sent you in your opinion an actual validation? Or just something they printed up on their own computer? And who told you that asking for validations was as good as saying you owed the debt? Did you get their name?Did you Record the conversation? Was The person trying to coerce you into paying? Of Course! Contact the FTC-- state attorney general etc and keep copies of everything--don't be intimidated-after you do research you will see that many many CA's use strong arm tactics in trying to coerce you into paying! Once again don't be afraid check out the Bud Hibbs sight for more info on debt collecting terrorism tactics here in USA!
Sorry, I misread the letter. I don't know how I misread it but I
Sorry, I misread the letter. I don't know how I misread it but I did. Very stressful week.