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Hello,
Last year I successfully had a tradeline from Asset Acceptance removed from my credit reports and I just got another collection letter from them!!! I've sent them a cease & desist letter but am annoyed that they continue to try to collect a debt that I simply do not owe... any suggestions on how to proceed from here? Thanks in advance :)
Hi Creditfool
If Asset Acceptance has send you a collection letter then it might be that a new debt has been sold off to Asset Acceptance by any of the original creditor from whom you have borrowed money. If this is the case then you should have first send debt validation letter by certified mail to be sure whether you actually owe the debt or not. If they could not validate the debt within 30 days from the date of receipt of the letter and still disturb you for the debt, then you should send a cease and desist letter.
Yes, Justin is right. You should have first asked for debt validation within 30 days of receiving their letter claiming that you owe them the debt else it is accepted that you owe the debt as per the Fair debt collection Practices Act. If 30 days is still not over, you should immediately send a debt validation letter right now. If you really owe the debt, then the cease and desist letter will not stop them from calling you. So the best way is to ask for debt validation first.
Same account # listed....
Hello. Thanks for the responses. The account # listed is the exact same one from last year.... do I have grounds to sue them?
credit
Hello, JUSTIN. Can you help with THIS one? (I'm sure you can..LOL) If you DO send a DV letter, and the OC or CA can't Validate it, isn't THAT enough 'grounds' to have the debt removed from your CR?
Asset
Hello, the Asset info was removed from my cr about a year ago and I am now getting letters from them with the same account info etc... since it is already off of my reports do I need to even respond to their recent letters? Are they violating my rights? Thanks
credit
I'm not an 'expert', but, I would think if the debt was removed from your CR, then it is 'over and done with'. If THAT'S the case, Asset shouldn't be sending anymore letters to you. Why continue to send you letters, when they ,THEMSELVES, removed the debt?!..doesn't make sense on THEIR part.
Hi Chargers
Debt validation is the most powerful tool to stop the creditors or the collection agency from collecting an outstanding debt which you do not owe. If they cannot validate the debt within 30 days (as per the FDCP Act) of receipt of your letter, it would mean that they do not have the right to collect the debt. If they do not validate your debt, you can send them a second letter telling them that they have violated the FDCP Act and so they should immediately remove the listing from the credit report. You can wait for 15 days from the date you send them the second letter. If they do not respond, you can directly send dispute letters to the bureaus asking them to remove the listing. You can find sample dispute letter if you visit the following link letters of credit
credit
JUSTIN......ALL of this needs to be done, BEFORE I can 'dispute' anything with the CB's? I'm just saying, if I DO 'dispute' an item, by doing this ( I'm guessing..) would give me more 'leverage' with the CB's. REALLY trying to 'attack' my credit right now. Need all the help I can get. LOL
Make sure the "new" letters are on the same account... If they are, send them a request to no contact you, especially, if the account is out of statute.
If they're not, repeat the validation process...
Understand that even viable, legitimate debts are sometimes removed from a credit report, and, if they are within statute, can STILL be sued for the amount...
Yes, Debt validation should be done before you dispute any listing with the credit bureaus and that too by certified mail with return receipt. This is because if the collection agency or the creditor do not validate the debt within 30 days from the date of receipt of the letter, you can send the copy of the receipt to the bureaus complaining that the creditors have not validated the debt, and therefore you do not agree with the listing and so as per the FDCP Act, the bureaus should remove the listing from your credit report.