CA did not validate - Made counter offer!! Please Read!!

Was you first DV timely(w/in 30 days)? If so, then yes they are violating by sending you settlement offers. If not, then they do not have to discontinue their collection efforts. 70% offer? And the opportunity to tank your scores by having a paid collection reported? Is it approaching or past SOL? What's the DOFD? And, if you can, reveal who the CA is?

Thanks for your reply!

Yes, my first DV leter was sent timely (within 10 days). This debt is 8 years old, way past the SOL! It's Asset Acceptance. They have never sent me any documentation proving that the debt is mine and/or that they purchased the debt from the orignal creditor.

Should I believe this offer of 70% discount?? it sounds fishy!! I just can't trust these guys!! What if they don't give me a paid in full letter? or sell the discounted 70% to another JDB? Can they do that?

What's DOFD?

Sonia--

DOFD is date of first delinquency--this would be the date that the debt originally went past due. The credit bureaus use that date as the beginning of the 7.5 year reporting time period, and the courts will use that date as the beginning of the statute of limitations time.

When you sent the DV letters, did you send them certified mail RRR? If you didnt, then you will have a hard time proving that you sent them at all because the CA will typically just claim that they never received anything. If you did, then you would have gotten the green card back in the mail showing when they received the letter--that green card is the proof that would seal your case. Simply put, this is a fdcpa violation, but if you didnt send the letter CMRRR, then you wont be able to prove your case. But either way I would NOT send them money right now--this "70% off" offer may sound really good, but they are required by federal law to provide proof once you request it, and they havent done so. What if they arent even legally allowed to collect on this debt? Then sending them this "70% off" payment will have done nothing to cover the actual debt! I would not agree to send them one penny until they provide full and proper validation of the debt.

Also, you need to know when this debt first went delinquent--then check your state laws concerning debt statute of limitations. If this debt is outside the SOL, then you can send them a cease and desist letter and that would be the end of it.

Shydivr, thank you much for your response!

I sent both DV letters CMRRR (as well as all my letters to CA, CRA, etc...) I have all documented and I've got all the green cards back!

On my second DV letter, I did say that this was a fdcpa violation. The CA did not validate and reported on my CR. I disputed with the CRAs and the entry was deleted.

This account was charged off as January 2002; it went deliquent 08/2001. SOL HAS PAST! I'm in California.

FYI: I sent a Cease and disist letter at the same time I sent the second DV letter. Should I send it once more?

Now, should I sue the CA? If yes, how do I do this?

Thanks agsin!
Sonia

you may consider looking for an attorney on naca.net

many of those attorneys on there will offer a free initial consultation, and many of them take cases on contingency basis, meaning that you dont pay them a penny. They get their payment from the people that you sue. I would definitely bring this case to an attorney and see what they can find. You may even find some FCRA violations there as well, depending on exactly what they reported to the credit bureau. For that reason, before you speak with an attorney you need to check all three of your credit reports--they may have reported to more than one.

It should have dropped off in 08/08 so I would continue to monitor your reports and make sure it is not re-inserted. Send Asshat a FOAD letter and be done with them.

incorrect--the reporting time frams is 7 years, but it is 7 1/2 years from DOFD as far as when it must come off. It can stay on there that long, but must be removed and cannot be re-entered.
The FCRA answers this question:
??????
They report it for 7 years, but that reporting cannot begin until 180 days after the initial delinquency took place. hence, 7.5 years. This would be required to be removed in February 2009.

Sonia,
I too live in California and have dealt with Asset Acceptance. They have never legally validated my debt and they will fabricate some information on their letterhead (illegal). Then they sent me a lawyer from their "staff lawyer" saying that I was wrong and they were right. I re-sent the DV letter with the FTC letter and pointed out that they are NOT licensed to collect in California and I have not heard from them since.

Thank you all!

1) Just to clatify - Because I disputed with the CRA and the CA, the OC debt and the illegal entry done by Asset Acceptance on my report were both removed from my credit report. It was also dropped off from the other credit report. I'm still waiting for the third CR. These items were estimated to be removed from the report by May 2008 anyway.

2) My main question right now is what to do! The CA cannot validate but sent me a 70% discount offer - which, needless to say, I'm not going for it! Do I need to send the CA another letter disputing the validity of the account/amount? Do I sue the CA? I would only consider to sue the CA because there's a chance they will not show up in court, they have no proof of anything and the judge could very well drop the case. Please correct me if I'm wrong.

I just want to put an end to this madness!

Thanks again!

Reporting of the delinquency actually started with the 30(DOFD),60,90,120 and CO. Estimated removal date from your CR's of 5/08 was based on the DOFD as reported by Asset. Question for the OP: Did you dispute on-line, by mail or by phone? If on-line, continue to monitor your reports as there is a possibility that Asset could re-report the tradeline and it could show up on your CR's again.

As to your question about their 70% offer. There is no legal obligation for you to pay this debt, only a moral one. As long as Asset owns the debt they may continue to send you settlement offers. Since you have already sent them a cease comm letter, I would send them another, referencing the first one (add the CMRRR tracking number and who signed for it) and inform them that any further communication from them will be a violation.

Thanks nascardevil!

I disputed by mail, and I sent the CRA copies/communication of all docs exchanged in between the CA and I.

I'm going to send the CA the second cease comm letter as well as a dispute letter that was sent to me from a different source.

If this debt is past reporting & civil action sol,I would do a full c&d letter to wash my hands of them.

Hi cajunbulldog!

Yes, this debt has past SOL a long time ago!! And as you might know, after I've sent 2 DV letters and 1 C&D letter, they contacted me once more with a 70% discount offfer. The CA has not validated the debt at all and it doesn't look like they can!

I mailed out this morning a C&D letter (second and final notice) as well as a "fdcpa LEGAL DISPUTE NOTICE & DEMAND FOR debt validation" that budhibbs sent me as a sample letter. Do you think this should do it?

if they don't comply you can take action against them.they
have commited fdcpa violations already.you are being generous giving them this one last chance.let them know that
in no uncertain terms.

hi paul!
I know I'm being generous... I just want them to go away but after this last notice if they don't get the message, then I'll have to sue the CA including the fdcpa violations that they already committed. Can I sue the CA on my own or do I need a lawyer?
Thanks!

you can find a consumer attorney at. naca.com it will find you
an attorney in your area.you should have an attorney for this.