Asset Acceptance
The above collection agency, or debt collector just called me to discuss an alleged debt for a health club membership in 1990. At the time I was 17 years old and was under the impression from the employee that I was redeeming a two week membership that I won.
When this agency sent me a letter a few months ago, I responded in writing explaining the situation. They then wrote me back stating that I needed to provide proof that I am claiming fraud. I do not have a copy of anything I signed 14 years ago and she refuses to provide me with supporting documentation. Also, on my answering machine she stated that my last name may now be "franklin" instead of my current last name. I asked her where she received that information, why she would say this about my last name because I was worried that this erroneous information may be a sign of identity theft. She refused to give me that information as well.
Advice is needed on how to handle an erroneous claim by this agency.
Thanks
Hi Samantha, Welcome to debt consolidation care forum. First
Hi Samantha,
Welcome to debt consolidation care forum. First of all tell them the Statute of Limitations for collecting this debt has fully expired and don't forget you need to do it in writing and mention clearly the SOL in your state, keep whatever legal documents you could get.
Contact your local attorney general, mention that too, start working on it, let them know of your rights. fdcpa ensures & empowers consumers the right to debt validation& the collectors are bound to provide with documentation, else you can sue them. It is unlikely they will refrain from giving you any further information that keeps you worried for a possibly Identity theft, etc.
Regards,
Simon
You might not want to use the SOL card from the get go because i
You might not want to use the SOL card from the get go because if you claim SOL you are in a way admitting to the debt for one and they can then simply file a 1099 and you will end up paying taxes on it. The very first thing you should do is send them a strongly worded DV letter demanding they provide you with evidence that you have any contractual obligation to pay them.
You do NOT have to prove a dang thing to them. THEY have to prove it to you.
Check your credit reports at www.annualcreditreport.com -- if th
Check your credit reports at www.annualcreditreport.com -- if the account is on there (reported by anyone- the health club or the collector), then do a written dispute, certified mail, to the credit bureaus that are reporting the account. Make sure to keep a signed, dated copy of your letter as well as the return receipt. If it's not on your credit, don't sweat it! The only debt that really matters is what is on your credit. The exception is if you get sued on the debt, but that is not likely given the age. If you are a victim of ID theft, which is indicated by the other last name they have for you, you have rights under the Fair Credit Reporting Act's FACTA amendments- you can request the application for the membership and other details about the account in writing. For good legal advice, go to www.naca.net (the National Association of Consumer Advocates) to find a lawyer in your area- Good luck.