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Asset acceptance sending letter for a 12 years old debt

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I recieved a letter from this company saying I owe 1083.78. It is for a sofa I bought about 12 yrs ago. I sold it to a friend that was to take over the payments, she changed my billing address to hers and I never heard about it again assuming it was paid. I pulled my report it was not it was charged off in 1996 for 392.00. Now I am getting letters and phone calls 4 times a week from this company. If it was just the 392.00 I would pay it but 1083.78 is more than the sofa cost and it is in a dump somewhere in Ohio...




Kristine

Asset Acceptance purchases junk debt in most occasions. The said debt seems to be out of the Statute of limitations period. You can't be forced to pay it in any case. Also this debt should not presently appear with the status 'collections' in your credit report.

If it is shown in your file, it means that the CA has tried to re-age your accounts. This is done with the purpose to keep negative information in your file for longer period. You need to dispute with the agency and take assistance of your lawyer, if required.

Send a cease and desist letter to the company to stop all collection activities. Ask them to validate the debt where it will be proven from their side that the debt is out of the statutes period. Send your letter through certified mail with return receipt requested. This will leave a legal proof of all your activities.

If the phone calls continue after they have received your letter, you are in charge of filing a case against them. Record the phone calls with dates and time along with the name of the lawyer. Show it to your lawyer and he will guide you towards the next step.

Sub: #1 posted on Mon, 11/21/2005 - 16:09

ben ben

(Posts: 2034 | Credits: )

Ben,
Thank you for your fast reply. I just pulled my recent report and the charge off is not even there anymore. I have no neg anything. Should I use the same sort of letter that I saw in the other post that roxette posted for another user? Thank You Again this has been on my nerves.

Sub: #2 posted on Mon, 11/21/2005 - 16:41

Unregistered


Hi

You can use the cease and desist letter attached in the thread given below.

http://forums.deb tcc.com/template-cdletter.html

Or you can also choose a template from our letters section in the site.

http://community.d ebtcc.com/letters/index.html

Feel free to pick the best one that suits to your needs.

Regards
Roxette

Sub: #3 posted on Mon, 11/21/2005 - 16:47

roxette roxette

(Posts: 4009 | Credits: )

Ben,
Just a quick question I did notice on my recent report that my friends address does come up as a place I lived. Can I get rid of this?
Thank You again!!!

Sub: #4 posted on Mon, 11/21/2005 - 16:47

Unregistered


Kristine

I will suggest you to update your address with the bureaus or any other agency that has a genuine reason to contact you.

But I will stay away from agencies like Asset Acceptance or any other agency with illegal intentions. Most probably, the personal info will be misused.

Regards
Roxette

Sub: #5 posted on Mon, 11/21/2005 - 16:52

roxette roxette

(Posts: 4009 | Credits: )

Hello,
I sent the validation letter and they sent back everything I asked for. It says that the last transaction on this account was 3/97 but it was charged off in 96. When I go online to seach the sol for ohio I find this:
Written or oral account: 6 years, (O.R.C. ??2305.07).

Written contract: 15 years, (O.R.C. ??2305.06).

Oral contract: 6 years (O.R.C. ??2305.07).

Note payable at a definite time: 6 years, (O.R.C. ?? 1303 .16(A)); (2)).

Demand note: 6 years after the date on which demand is made or 10 years if no demand is made and neither principal nor interest has been paid over that time (O.R.C. ??1303.16(B)).

Dishonored check or draft: 3 years after dishonor, (O.R.C. ??1303.16 (C)).

and in another website I found something that says open accounts is 6yrs. so now can you tell me what is a credit card. Also do you have a sol letter to send them if the sol is up on this....
Thank You

Sub: #6 posted on Fri, 12/16/2005 - 15:10

Unregistered


Hi Kris

The Statute of Limitation in Ohio for credit card debt is 6 years. So, you must be relieved to know the fact that the debt is out of the statutes. Now, neither you can be sued for this debt nor you can be forced to pay it.

You have to send one letter to the company stating the fact about the expiry of SOL. Please frame this letter that perfectly suits to your needs.

[quote] FREE Sample Expired Statute of Limitations Notification Letter

Today's Date

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (fdcpa) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.



(Sign above name)
Printed Name [/quote]

Always send your expired SoL letters via "return receipt requested" and keep copies for your records.

There is another thing that pulls attention here. As stated, this account should not appear in your file at this time. This account has crossed the 7 year reporting time allowed by the Fair Credit Reporting Act. So, you need to dispute on this point too.

I wish that you get positive results out of your action and as a result, enhance your credit ratings.

Do let me know the outcome of your actions.

Regards
Roxette

Sub: #7 posted on Fri, 12/16/2005 - 16:02

roxette roxette

(Posts: 4009 | Credits: )

Thanks Roxette.

Sub: #8 posted on Thu, 01/05/2006 - 08:42

Unregistered


how do i dispute debt that was done when i was 16 i know about the ambulance ride i had medical at the time now they say i owe 867.88

Sub: #9 posted on Wed, 08/27/2008 - 06:52

Unregistered


At age 16 your parents should have been liable for this since you were a minor. Dispute as "not mine". Was this a private or municipal ambulance?

Sub: #10 posted on Wed, 08/27/2008 - 07:07

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4671 | Credits: )


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