You need to be very careful with your approaching Asset
Date: Sat, 11/12/2005 - 04:55
You need to be very careful with your approaching AAC. Personally, I stay off the phone, period! Everything I do is in writing and sent CMRRR. The descriptions of avoidance after verbally asking for proper validation are indicative of AAC's lack of proof or their realization that they make more money by simply moving onto a more acquisant and accomodating "debtor."
I suggest that anyone dealing with AAC, or any collection concern do the following:
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Stay off the phone no matter what. If they call, don't answer. If for some reason you have to speak with them verbally, if you are in a state that permits taping the conversation, and many permit this, record the conversation.
Before taking any action, unless you are being sued, know your rights and take a look at the FCRA, fdcpa, Fair Billing Act, HIPAA (for medical debts) as well as your state laws that govern debt collection.
Find out if they are licensed in your state, if required, and this varies by state. Some state require licensure while other may not; some require a bond, like Georgia, others do not. Also find out same for the company in the state from which any letters originate. I have been amazed at the improprieties of some CAs, AAC included, with respect to meeting these standards of law.
If you haven't already been collecting credit reports from all three big agencies, start doing this. Pull the credit reports at staggered times and be sure to pull some in the middle of the month as well as the first/last day. Again, AAC is notorious for reaging debts and reporting in such a manner that plummets your FICO score each month and they report terribally inaccurate information. These are often violations. At some point it may or may not be advantageous to dv or dispute this information with the CRAs and with AAC. They are known to change the informtion but for the worse and with more inaccuracies. This is a clear violation and gives rise to claims for willful disregard, fraud and so forth. Legally it is important to show how this misinformation damaged you. The presence of the information alone is weak. If you can show a cause and effect relationship between their inaccurate and misleading reporting and a denial for employement, insurance or credit, or for substantially higher premiums for insurance or higher/subprime rates for credit as a result of their bogus information, you have damages and a solid claim.
Read as much as you can about their behaviour on all the great boards like this for consumers.
I think of this as a war and general distrust of them is very appropriate; they bank, and I do intend the pun, on consumers caving in and dancing to their demands and they also count on avoidance thus paving their path to getting a summary judgement in court and this is clearly what you want to avoid, don't avoid, but take educated and written approaches. Keep all you credit reports in a safe place as they are wonderfully valuable in a cause of action or in demonstrating a intent to sue notice. Hope this is helpful.
Financeguy31
I suggest that anyone dealing with AAC, or any collection concern do the following:
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Financeguy31
Thanks for the info. This is a helpful post. Read this artic
Thanks for the info. This is a helpful post.
Read this article as well as many others in this forum and know the rights you have which facing collections.
http://forums.debtcc.com/forums/effective-tips.html