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A letter from asset acceptance for Citibank debt

Date: Fri, 05/19/2006 - 13:19

Submitted by anonymous
on Fri, 05/19/2006 - 13:19

Posts: 202330 Credits: [Donate]

Total Replies: 11


Hi, i just recently got a letter from asset acceptance saying i owed around $263 to citibank from 2001. My wife and i were there for only the summer and closed the account in person at the bank at the end of the summer. Asset acceptance said it was a bounced check to some locks company which i never ever have paid. how do i dipute this?


I would send a debt validation letter certified mail. See example below. This letter does a couple of things for you: 1. It stops any further collection under penalty of law until they can validate the debt and you can verify everything they sent you. 2. It is also a "cease and desist" as well as a "revocation of voluntary wage assingment" letter. This means they MUST, under penalty of law, stop contacting you by phone at home or at work and must send you correspondence through US mail. It also means that any wage assingment you signed is no longer valid, however depending on state law they may still be able to garnish your wages. Check your state law on this. Here is that letter:
Quote:


ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date:
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for ???verification??? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
??? What the money you say I owe is for;
??? Explain and show me how you calculated what you say I owe;
??? Provide me with copies of any papers that show I agreed to pay what you say I owe;
??? Provide a verification or copy of any judgment if applicable;
??? Identify the original creditor;
??? Prove the Statute of Limitations has not expired on this account
??? Show me that you are licensed to collect in my state
??? Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
??? Violation of the Fair Credit Reporting Act
??? Violation of the Fair Debt Collection Practices Act
??? Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I am revoking, in writing, any and all voluntary wage assignments you may have or had. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Best Regards,
Your Signature
Your Name


lrhall41

Submitted by dcashwell3 on Fri, 05/19/2006 - 13:42

( Posts: 379 | Credits: )


I tried to use the verif of debt letter and the cell phone company just sent me records of the cell phone bill that they had anyways. The address does not even match where I was living at the time and proves I did not open it. Another thing, I still receive collection calls and it seems they keep selling the account. Every time they sell it does it start the statutory of limits over again?? I have not made any payments, I'm not that stupid!

E-mail address deleted per forum rules -Clay

thanks


lrhall41

Submitted by on Fri, 05/19/2006 - 22:59

( Posts: | Credits: )


debt validation does not apply to "original creditors". However, They should supply you with a copy of the contract and statements. If you sent the letter to a third party collection agency and they did not "accurately validate" their claim then they are in violation of the FCRA and the fdcpa and could, if you were to take them to court, assess them with a $1000 federal fine per violation as well as any state fines that are allowed.

"Accurately Validate" means:
??? What the money they say you owe is for;
??? Explain and show you how they calculated what they say you owe;
??? Provide you with copies of any papers that show you agreed to pay what they say you owe;
??? Provide a verification or copy of any judgment if applicable;
??? Identify the original creditor;
??? Prove the Statute of Limitations has not expired on this account
??? Show you that they are licensed to collect in your state
??? Provide you with their license numbers and Registered Agent.

If they can't or won't do that, advise them that are in violation and any negative items on your credit report from them is in violation of the FCRA and the FDCRA. Tell them you will take them to civil court. Sue for
??? Violation of the Fair Credit Reporting Act
??? Violation of the Fair Debt Collection Practices Act
??? Defamation of Character.

You'll win. :wink:


lrhall41

Submitted by dcashwell3 on Sat, 05/20/2006 - 06:02

( Posts: 379 | Credits: )