please some one tell me how to deal with asset acceptance
Date: Tue, 10/23/2007 - 09:41
First, they must prove that a debt is valid, which why you simpl
First, they must prove that a debt is valid, which why you simply send them a letter of validation. They must conform to the letter. They can not just send you a bill without information backing up the claim. The burden of proof is on them, not you. Send them a letter of validation via certified mail, to prove that they signed for it. By the way, how old is this alledged debt?
Was a police report filed on the missing card, as it was used il
Was a police report filed on the missing card, as it was used illegally then there should have been. Start with that and let me know what you find out, I'll try to help you as best I can.
Regards
JCEMT
What state are you in? I ask, because you may have to get tough
What state are you in? I ask, because you may have to get tough with Asset, and if you live in a state like Texas that requires them to respond in 30-days, knowing your state laws will be helpful.
Send them a debt validation letter immediately!!! There are several examples on this site, and if you happen to live in Texas, I have a letter for them already set up! What we have found with my husband's case, it that it does not appear they will validate, but simply send you a letter saying they investigated the issue, and found no errors on their part. This is NOT proper validation! They need to show proof of the amount, proof that they are licensed to collect in your state, etc. If they do the same to you, immediately send back another letter saying that you will not accept their simple denial as validation of the debt, and again list what you require. Keep on them, and send all letters certified/return receipt. Asset Acceptance is one of the junk debt buyers known to use unethical (and illegal) tactics to collect!
You also say this card was stolen back in 1998? I'm sure it is also safe to say that who ever stole it, charged it up to the limit quickly, and nothing was ever paid on it? Check your states statute of limitations....it may be out of SOL, and Asset cannot sue. Now, that will not mean they will not try....but if it is out of SOL, and you do not ignore any court appearances, and use that defense, Asset will more than likely be sent packing by the judge.
Good luck, and sorry to hear about your loss. Sad thing is, bottom dwellers don't care, and they will bring unwanted misery and stress during a time when you should be allowed to grieve. Be sure you include in your letters that they are only allowed to contact you via the mail, and if they continue to call after that, report them to your local attorney general and the FTC. Asset Acceptance is a good candidate to violate here....after getting my husband's validation letter, they continued to try to call, until my husband threatened them over the phone with a law suit if they called again, based on his request in writing to cease and desist all phone contact!
Do you have another thread going under the name cbarrmillerk?
Do you have another thread going under the name cbarrmillerk?