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Report: #195037

Complaint Review: Asset Acceptance - Warren Michigan

  • Submitted:
  • Updated:
  • Reported By: Orlando Florida
  • Author Confirmed What's this?
  • Why?
  • Asset Acceptance 28405 Warren, Michigan U.S.A.

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Asset Acceptance has been using overzealous tactics in an effort to collect a debt they say I owe. It started with phone calls at my place of employment. When I asked them not to call me at work anymore they asked for my home phone number. I told them I would not supply that info to them. They said in that case they would continue to call me at work. I asked for a mailing address so I could send my request to them as permitted under the FCA and they told me to find it myself and hung up on me. Well, I did find it and I sent them a Cease and Desist letter. I told them I don't believe I owe the debt to send me proof. Well, their form of proof was a statement on their company letterhead that list MBNA as the original creditor with an amount due showing. Unless I am mistaken, I don't think this is what is meant by Send me proof of debt. I have done my homework on this and if I am correct, this is what I need to tell them to send me. This is exactly as I have worded it in a letter I am going to send out them tomorrow. Please tell me if I did this correctly?

*************************************

Thank you for responding to my request for proof and verification of the above referenced account, however the paperwork that you provided me with in not sufficient. An invoice on your letterhead is not the type of proof I was seeking. It is still my position that this is not my debt/account. If you believe otherwise, please supply me with the following information to verify your claim.

1)Proof that I did indeed have an account with MBNA that was actually authorized by me. This proof should include an agreement signed by me acknowledging setting up an account with MBNA and proof that payments were made by me to them. This would include cancelled checks signed by me, money orders submitted and signed by me and/or bank debits authorized by me on an account in my name.

2)Proof that the MBNA sold this account to you and that you legally own it. This proof should include a contract between you and MBNA showing that you did indeed legally purchase this debt from them. Along with a copy of the contract between you and MBNA, I need to see a copy of the cancelled check verifying that you did pay for and purchase this debt from them.


3)Included with the above, I request a list of all creditors, collection agencies, attorney's, etc., that may have owned this alleged debt between the time that the original creditor (MBNA) held the account and the time that you purchased it, if indeed you did purchase it.

*************************************

Have I done this correctly? Am I asking the right things in the right wording? I appreciate any help that could be offered on this matter.

Dana
Orlando, Florida
U.S.A.

This report was posted on Ripoff Report on 06/06/2006 10:35 AM and is a permanent record located here: https://www.ripoffreport.com/reports/asset-acceptance/warren-michigan-48093/asset-acceptance-harassment-illegal-collection-practices-ripoff-warren-michigan-195037. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
5Consumer
0Employee/Owner

#5 Consumer Suggestion

You're welcome

AUTHOR: Heather - (U.S.A.)

POSTED: Wednesday, June 07, 2006

Dana:

After you write your letter disputing the bogus validation, wait a few days then send a dispute letter to the credit bureau. Be very specific with your dispute or if you are positive this debt is not yours, then it is okay to dispute as "not mine". You might have to send letters to the bureau a couple of times to get this thing removed. However, if Asset keeps verify the debt with the bureau (which they can't even prove to you is factual), they are in violation of the FCRA.

The Date Opened just notes the supposed date that Asset purchased the alleged debt. The important field of info is the DOLA, or date of last activity. A lot of times credit reports won't list that info, so you need to call the bureau to find out when that date is. That is the date that flags when the account is due to fall of of your credit report.

Continued reporting on your bureau report without providing validation is considered continued collection activity and is a violation of the FDCPA.

If they continue to give you the runaround, you might have to get nasty with them and take them to court. In the meantime, read up on the FDCPA, the FCRA and Florida's Debt Collection Laws. They're there to protect consumers - so use them.

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#4 Consumer Suggestion

You're welcome

AUTHOR: Heather - (U.S.A.)

POSTED: Wednesday, June 07, 2006

Dana:

After you write your letter disputing the bogus validation, wait a few days then send a dispute letter to the credit bureau. Be very specific with your dispute or if you are positive this debt is not yours, then it is okay to dispute as "not mine". You might have to send letters to the bureau a couple of times to get this thing removed. However, if Asset keeps verify the debt with the bureau (which they can't even prove to you is factual), they are in violation of the FCRA.

The Date Opened just notes the supposed date that Asset purchased the alleged debt. The important field of info is the DOLA, or date of last activity. A lot of times credit reports won't list that info, so you need to call the bureau to find out when that date is. That is the date that flags when the account is due to fall of of your credit report.

Continued reporting on your bureau report without providing validation is considered continued collection activity and is a violation of the FDCPA.

If they continue to give you the runaround, you might have to get nasty with them and take them to court. In the meantime, read up on the FDCPA, the FCRA and Florida's Debt Collection Laws. They're there to protect consumers - so use them.

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#3 Consumer Suggestion

You're welcome

AUTHOR: Heather - (U.S.A.)

POSTED: Wednesday, June 07, 2006

Dana:

After you write your letter disputing the bogus validation, wait a few days then send a dispute letter to the credit bureau. Be very specific with your dispute or if you are positive this debt is not yours, then it is okay to dispute as "not mine". You might have to send letters to the bureau a couple of times to get this thing removed. However, if Asset keeps verify the debt with the bureau (which they can't even prove to you is factual), they are in violation of the FCRA.

The Date Opened just notes the supposed date that Asset purchased the alleged debt. The important field of info is the DOLA, or date of last activity. A lot of times credit reports won't list that info, so you need to call the bureau to find out when that date is. That is the date that flags when the account is due to fall of of your credit report.

Continued reporting on your bureau report without providing validation is considered continued collection activity and is a violation of the FDCPA.

If they continue to give you the runaround, you might have to get nasty with them and take them to court. In the meantime, read up on the FDCPA, the FCRA and Florida's Debt Collection Laws. They're there to protect consumers - so use them.

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#2 Author of original report

Thanx you Heather

AUTHOR: Dana - (U.S.A.)

POSTED: Tuesday, June 06, 2006

Thanks for your response Heather. I had read somewhere, possibly on Bud Hibbs site, that they were required to provide you with this information if you requested it.

I guess you are saying they are required to provide it to you only if they have filed a law suit against you.

I know sometimes you need to let these bottom feeders know you know your rights, otherwise they will take complete advantage of you.

I will however modify my letter to them and just ask for proof in a form other than what they sent to me.

To answer your question, yes, they have reported this to the credit buereu. Ironically they reported right after they got my Cease & Desist letter.

They report a "Date Opened" status of March 2006. I know this to be an absolute lie. March is not so long ago that I cannot remember if I had an account with MBNA or not. I know without any doubt that I did not.

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#1 Consumer Suggestion

Little too much info

AUTHOR: Heather - (U.S.A.)

POSTED: Tuesday, June 06, 2006

Hi Dana:

The letter you are sending is inappropriate due to the fact that they don't have to send you what you're asking for in order to validate the debt (it would only be required if they chose to sue you).

However, the bogus in-house statement is not true validation either.

It's not your responsibility to tell them what validates the debt, so don't. But it is important to write them back and tell them that "a bogus in-house statement does NOT constitute validation, therefore the debt is still in dispute". (It's important to deny their statement, otherwise they could get an "account stated" status for the debt because you didn't deny their "proof".)

Make it very simple and to the point...and remind them that telephone calls are inconvenient to you at any time or place. And make sure you get back the green tag and keep it.

You'll know true validation when you see it (or should I say IF)...perhaps copies of statements or a record of activity for the last few months, etc. Something that proves how they came up with the amount that they say you owe. The key is that they need to obtain this from the original creditor, then forward the info to you.

P.S. Is this on your credit report?

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