2 Asset letters....a pain in the....need help please

thanks for getting my post up! looks like you got some of the prob's fixed. any thoughts particularly on letter one above? thanks again

If it is past the SOL, simply send them FOAD letter.

sorry havent seen the initials foad before?? but for what instance? i have two letters detailed above? thx

foad-f%^& off and die is what it means. Sounds like out of SOl, if this debt is from 1993, they are out of luck, cant collect on it. All you have to send them is a FOAD and cease and desist letter, tell them it is out of Statute of Limitation and to not contact you regarding this anymore. make sure you send it CMRR so you have your green card to prove you sent it to them.

ok then lol. but still the name thing hasnt been answered yet. i am no longer that person. not since 1993. dont want to give asset any clue to who i am now.-current name. so then they might try to come at me with my current name. do i send as the name that they sent it to?
but would really like to know from someone in the know, what they think about returning the letter as described above in the original post, letter one? i mean legally wouldn't they have to sue in my real name? not a name i haven't had in 17 yrs? please some input on this too. and again i live in texas.
also can someone give me an answer to my second letter? asap as i would like to get these off/make the p.o. trip together.
thanks

[QUOTE=meremanda;518067]LETTER ONE: i have resealed this letter-looks like never opened thinking i might be able to put them off forever. please note this debt is a very old sol-1993!-and for the last 5-6 yrs, whenever the gov. deemed it necessary to allow these "people" to collect like this, i have gotten something from some collector about this old debt. never knew about dv'ing, etc, until this last year when i found this site. never did anything about it. cant remember who the last collector was. i am in texas btw and this is just an old retail cc debt, even tho they are calling it some mail order thing for the co. but never did that.
[SIZE=3]i have resealed the letter w/what is probably a bad idea, as it was addressed to a prev. married name-but i do live at the same address-a last name which i have not "owned" since 1993-had my named changed during divorce. also i know that all names you have used are on your credit reports but can Asset find that out? since they are not giving me credit but trying to collect a debt? and a dusty old debt at that. wouldnt that show that they are using old passed down info for the last (omg!) 17 yrs?!?[/SIZE]
[SIZE=3]my idea-to "return to sender-not at this address", since addressed to a very old name. or do i definitely have to dv them? and since i have a "new" name that apparently they are not aware of and i do not want to admit. if you really feel i definitely need to dv them how to do that w/o giving my new name etc?[/SIZE]
[SIZE=3]they state that the debt was "totaled" up in dec 09, i rec'd the letter last monday 11th, and they say i have till jan 30th!! to "reply". don't you legally get 30days from at least the date of the letter?[/SIZE]

[SIZE=3]LETTER TWO: the other letter from Asset that i received today (jan 16th) is a "reply" to a prev. dv letter i sent them in dec 09 and that they signed for on dec. 15 09. the letter i received today was dated jan 12th, 2010. is there anything i can "do to them" regarding these dates? 30 day thing? it just came 1st class of course.[/SIZE]
[SIZE=3]in this supposed "debt val" letter they sent me, they only supplied things "we" already knew from their original letter--my name, add, city, etc. the oc and the what they say is the oc acct. #, the "balance" with the principal, interest and fees that helped them come to this "balance", and the last 4 of my ss#. the rest are xx's. do they really know my ss# or is this just the format that has been passed down?[/SIZE]
[SIZE=3]of course the main thing they did not validate was the sol of this acct which is past sol by several yrs.[/SIZE]
[SIZE=3]should i respond with a cease and desist? with a cease & desist w/a req. for the sol and that i did not receive response w/i the 30 days? or how specifically please? and perhaps you have an example letter for both cases above?[/SIZE]
[SIZE=3]i only have a short time to respond the first letter since they-and i know Asset does alot of illegal things- didn't state i have 30 days and if i can "catch" them on this that would be great![/SIZE]
[SIZE=3]please be as specific as possible. i am confused as you are. thanks for keeping this site so great! thanks for any help.[/SIZE][/QUOTE]

as far as letter one goes yes send them an FOAD letter.as for letter two.they validated nothing.i would go to NACA.NET and find a consumer attorney in your area and sue this bottomfeeding a good one.you sent a proper DV letter,and they respond with a glorified dunning letter.typical of them.take the initiative and find a contingency lawyer and teach them a lesson.make them dip into their"cost of doing business fund".

would love to do that paul and thanks. but cannot, no way no how, can i afford an attorney at this time. have tried that on previous problems and too expensive and of course none do pro bono...this is how they make their living after all, so I respect that.

this is something i will have to handle myself and by the mail. so what i am wondering is if there is a certain example letter to send that can state forcefully/legally with the correct wording, citing laws etc, that shows they have not provided what is necessary to validate. i have not had this happen before so not sure what to send, wording wise.

the letter askes for alot of proof but i think legally they only have to provide very little. heres the things i asked for, per a letter from this site several yrs ago, adjusted to my needs:
1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any documents that show I agreed to pay what you say I owe
4. Prove the Statute of Limitations has not expired on this account for my state
5. Show me that you are licensed to collect in my state
6. Provide me with your license numbers and Registered Agent
7. Proof that your collection company owns the debt/or has been assigned the debt. The letter you sent me is not proof. This is basic contract law.
8. Complete payment history, starting with the original Creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.
9. Copy of the original signed loan agreement or credit card application. (My contract with the original Creditor establishing the debt between us.) This is also basic contract law.

please advise per the above what i can "get" them with. like i said they did not provide sol proof or contract with original creditor. but does the latter legally have to be provided?

again any take on the letter one above/name change/return to sender ploy? thanks

the return to sender works as long as the envelope isn't distressed.meaning if you took care in opening it and can re-seal it.now on to your validation question.they must give something from the OC at least.statements,or something on their letterhead.i could have typed up what they sent.do not accept that at all.re-send your original DV with a addendum stating that you do not accept that,and want the debt validated.send it certified mail return receipt.

thanks paul anything legal i can quote when i state that i do not accept that? something that states what the law is regardintg what they legally have to provide to validate this debt?

yes as i stated in the letter one stuff above it looks like it has never been opened....was very careful.

i am trying to keep all this issues from going to court. ANYTHING i can say, do, send to scare (?) them into knowing this ain't gonna happen (court) get the heck away, her files in the trash now, is what i am looking to do for both instances.

letter one-if i send "return to sender", the envelope of course has add correction req'd on it, can the p.office provide any new info to them do you know? remember i have lived at this same address for years, so the add they have is correct. know what i mean?
thanks again

Quote:

looking looking...yep here it is.....i did ask originally for that:
5. Show me that you are licensed to collect in my state

so i will get on both. thanks for the time!

uumm paul? do i really have to legally give them a second chance to validate? isnt that making it way too easy for them? i mean i have already given them 30+ days. how much more time can i give them? i realize you might be telling me to do this for a reason. but just wanted to double check and see if there was a letter in particular to really hit em where it hurts and get my message across.

you are wanting me to do this just in case? if they are going to decide to take me to court, which they might try if they catch me in a "mistake", as they "think" i owe 3k+ which is way way way off, of course. plus again over sol.

here is what i have so far. but i don't think it is clear on what i really want them to do. i really want them to consider this matter over since they have not provided me with info w/i the 30 days. and to let them know to cut it out. partly taken from a letter on this site:

To Whom It May Concern:

This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt/account file # referenced above.

You have not provided, proper validation whatsoever, of this alleged debt. I do not accept your so-called ???validation??? document. The items you provided would not be accepted in any Court of Law in the United States, as validation of this alleged debt.

If you fail to heed this notice immediately, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General Office, the American Collectors Association, and/or the local State Bar Association as well as taking legal action against your office/your company.

You are also notified that should any adverse information be placed or has been placed against my credit reports as a result of this notice or the alleged debt, that appropriate legal actions will be taken. Give this very important matter the attention it deserves.

Sincerely,

any suggestions?? please be very clear as my head is swimming :confused: (duh) right now so i need specifics if you have time. thanks

Hang on, you said you live in Texas?

If so, then stop right there...Texas has a requirement that they MUST validate the debt properly within 30 days of getting your DV request, or they cannot continue to try to collect on the debt at all. Dont give them another opportunity at all, simply inform them that in accordance with Texas state law, they have failed to properly validate the debt and now they must cease and desist immediately and permanently or you will take legal action against them.

Further, check with your state's secretary of state website, just to verify that they are not licensed. If they are not, then inform them that they are unlicensed to do business in Texas, and therefore are acting illegally. Let them know that ANY further effort on their part to try to collect on this alleged debt will leave you no choice but to file suit against them for their multiple violations of Texas state laws.

Finally, I wouldnt be too worried about using the old last name, as the name is you. Even if the name is changed due to divorce, it is still addressed to you, as identified by your social security number, so in my opinion you should use the old last name on anything you send back to them. It isnt like you would be pretending to be someone else.

so you don't think i should just return to sender the letter one, with the name change, just to get rid of these buzzards? like i asked previously, i should send them an foad letter then inside of returning it? what i mean is apparently they don't have my "new" name and if they were really "searching" for me to pay up wouldnt they correct my name etc etc? if you think i should write them, short and sweet, and it is still asset, the same wording above that you gave me or something diff since they and i both know its 17 yrs old?

i went to the st attys site and if i am entering the info right (?), it is showing no records for asset in texas. but i really find that hard to believe, even from them. i am just not sure i am entering things right. but i need to get these off today. do you know what i might be doing wrong?
thanks so much for helping. i will wait to hear from you before i finalize these things.

First, Asset is known in many places for not being licensed. If the state says they arent, then they arent. Youre always welcome to call that office and ask them about it too, just to make sure.

Next, I would not bother sending the first letter back. They know you got it, they know you read it, because you asked for validation. I would leave it at that on the first letter.

Third, I would send them a certified letter telling them the following things:

1--that in accordance with Texas state laws, they failed to properly validate this alleged debt within the 30 day time frame allowed. Thus, they are now required by that law to permanently cease and desist regarding this alleged debt.

2--that according to the State of Texas, they are not currently licensed to conduct business within that state. As such, they are in violation of yet another Texas state law, and you hereby inform them that they are to immediately and completely cease and desist with regards to this matter. Inform them that any further action on their part will be met with a civil suit for multiple violations of Texas laws.

3--inform them that if they have placed any mention of this alleged debt on your credit reports, that they are to immediately remove such entries from any and all of your credit files. Inform them that if they have done so, then they have continued to take collection efforts on an alleged debt that they have not been able to validate properly. This is a violation of the FDCPA and should they refuse to remove any such entries, they will be sued for FDCPA violations.

If you wish, you can also inform them that according to your research this alleged debt is WAY outside the applicable statute of limitations and on those grounds they are also to immediately cease all contact with you. I dont know if that is necessary, considering the other issues their claims have pertaining to the laws. But if you feel the need to mention it, throw it in there. Oh, be sure to send it certified mail, return receipt, and be sure to save a copy of this letter on your computer as well, in case you need it as evidence in court.

Quote:

ok did find license/bond cert. for Asset at the Texas state secretary's site. tried it diff ways and it came up unfortunately. was putting in too much info. worked when i just put in name, city and state. so can't pursue that avenue. but thanks for the suggestion. this is most of the info and please remember this is for Texas only all.

Principal Name: Asset Acceptance LLC
Address:6985 Miller Road
Warren, MI 48092
File Number:20010120
Status:Active
Date Filed:7/23/2001

now how about those dates for letter 2:
1. they signed the green card on dec 15th 2009
2.they initiated/sent out (?) the so called val. letter jan. 12, 2010< 3. i did not receive the above until jan. 16th, 2010.
4. the 30th day was jan. 14th, 2010.
5. since they only sent first class of course no record of when i actually received it.
6. any legalities i can use as an issue to cease and desist? for sure legally?

skydiver, if you are reviewing this again i really would like for you to respond to last post above with quotes, especially since i hopefully straightened things out for you, which letter/issue is which. sorry so confusing.

i need to get these sent asap and am wanting to word my letters so that they know i "know" what i am talking about and cover all legal aspects that i can so they won't even think/dream or consider pursuing this any further. i am wondering if i shouldn't go back and consider listing the sol, documents for oc, etc that the court would consider validation. in one letter, i have NOT sent out yet, i did state that they did not provide any info that any court in the U.S. would consider valid. bad? good? shouldn't mention court? lol

still wonder what the poll is on letter one, way out of sol (1993), used last name i have not used since 1993(divorced), and should i send back, return to sender/not at this address (person named)? or send them an expired sol letter? this is ALSO from Asset, the jerks. and what the legalities this are? isn't their job to send to the right person? is they were to sue?

thanks