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  • Report:  #416649

Complaint Review: Asset Acceptance LLC - Warren Michigan

Reported By:
- Fort Worth, Texas,
Submitted:
Updated:

Asset Acceptance LLC
Warren, Michigan, U.S.A.
Phone:
800-5459931
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
Asset is calling me on a debt from 2002. The Texas state Statute of Limitations is 4 years, and also I successfully disputed them with 2 of 3 credit reporting agencies. I removed the original creditor from my credit report as well since they no longer exist and cannot verify the debt.

After 6 months of no contact, Asset has phoned my parents about me once again. Originally, my parents had to change their phone number due to harassing phone calls.

I am sending them a combined Cease Communications and expired Statute of Limitations letter, as follows:

*****

This is to advise you that pursuant to the Fair Debt Collection Practices Act (FDCPA) 15 USC 1692c(c), you are hereby notified to immediately terminate any contact with me, or any members of my family or household, regarding any matter concerning the collection of the alleged debt you are attempting to collect. This notice shall include, but is not limited to written correspondence, as well as telephone communication.

I have no knowledge of any alleged debt owed to you, and therefore I formally 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 Texas has expired (Four-Years Limitation Period 16.004). 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 alleged debt.

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. Violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

*****

I have read through several cease communication and expired SOL letters to fine tune it to my circumstances. I have made sure to not use any language that could be construed as admitting owning this debt, as I don't want them to take my letter as "proof" that I owe anything.

I think they are pulling my credit reports to get information on me, but I am not certain. I have checked my free reports, but it was over a month ago now so I can't access the information any longer. I am assuming they are pulling on the report where they managed to somehow verify the debt. On the report I have access to, I don't see any recent inquiries from them and they also aren't listed on it anywhere. Transunion won't let me get my free credit report even though it's been a year since the last one because I have an "account" with them, and I can only find links to BUYING a credit report rather than updating for my FREE annual credit report, so I can't check what they have on file for me right now.

What, if anything, could I put into my letter to stop them from constantly pulling my credit report, or will the cease communications letter cover that?

Ash

Fort Worth, Texas

U.S.A.



9 Updates & Rebuttals

Ash

Fort Worth,
Texas,
U.S.A.
All right

#2Author of original report

Fri, March 06, 2009

The part about violations was something that I found while looking at more than a dozen sample letters, many of them from similar sites to this, or specifically from sites for cleaning up credit reports. Anyhoo. It's already reported as disputed from when I sent my disputes straight to the CRAs over a year ago, but I suppose they wouldn't know that. I got them taken off two of my reports, but they hung onto the third one. This is a 7 year one because it was from a credit card, so at the end of this month it should be gone for good. I was just worried if they would try something illegal to keep the bad mark on my report. Either way, seems it should be taken care of now.


Ash

Fort Worth,
Texas,
U.S.A.
All right

#3Author of original report

Fri, March 06, 2009

The part about violations was something that I found while looking at more than a dozen sample letters, many of them from similar sites to this, or specifically from sites for cleaning up credit reports. Anyhoo. It's already reported as disputed from when I sent my disputes straight to the CRAs over a year ago, but I suppose they wouldn't know that. I got them taken off two of my reports, but they hung onto the third one. This is a 7 year one because it was from a credit card, so at the end of this month it should be gone for good. I was just worried if they would try something illegal to keep the bad mark on my report. Either way, seems it should be taken care of now.


Ash

Fort Worth,
Texas,
U.S.A.
All right

#4Author of original report

Fri, March 06, 2009

The part about violations was something that I found while looking at more than a dozen sample letters, many of them from similar sites to this, or specifically from sites for cleaning up credit reports. Anyhoo. It's already reported as disputed from when I sent my disputes straight to the CRAs over a year ago, but I suppose they wouldn't know that. I got them taken off two of my reports, but they hung onto the third one. This is a 7 year one because it was from a credit card, so at the end of this month it should be gone for good. I was just worried if they would try something illegal to keep the bad mark on my report. Either way, seems it should be taken care of now.


Robert

Buffalo,
New York,
U.S.A.
In the future.

#5Consumer Comment

Thu, March 05, 2009

Ash, in the future leave this remark OUT OF YOUR LETTERS: ""Violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident."" When they read this, they laugh themselves silly. It is NOT $1000 per incident! What the FDCPA allows is statutory damages UP TO $1000 - that's per lawsuit, not incident. Also, FYI they are required to report to the CRAs that the debt is disputed per the FCRA. The reporting period for most consumer debts on consumer credit reports is GENERALLY 7 years. Certain types of debts can be reported LONGER, such as debts to the federal government and money judgments (there are other types as well.) The time for this credit line to come off you credit report is based on the DATE OF DELINQUENTCY or CHARGE OFF - NOT THE DATE THAT YOU DISPUTE IT. Bare this in mind if it doesn't come off credit reports as it should. You'll then need to write to the CRAs to have the credit line dropped from reports about you.


Ash

Fort Worth,
Texas,
U.S.A.
Yes

#6Author of original report

Thu, March 05, 2009

Yes my letter was sent certified mail with return receipt requested. I put the certified mail number on the letter I sent them and the one I kept for myself, too. I read about Bud Hibbs before, I'll see if I can contact to ask him about the letter.


Stacey

Dallas,
Texas,
U.S.A.
Question?

#7Consumer Comment

Thu, March 05, 2009

Did you send your cease communications letter via certified mail with return receipt requested? Did you make copies and keep them on your person? The bad news is that in the State of Texas collection agencies must have a surety bond on file with the Secretary of State and they do indeed have two that are active I know this is a bottom feeder collection agency so please let us know if you sent this letter via certified mail I have dealt with these bottom feeders before and they cannot be sued if they have a surety bond on file with the State unless they violate Texas Collection laws I sat in a court room for FIVE days suing on of these bottom feeders and won - guess what! They have still to pay me and my attorney go to www.budhibbs.com he is located in Ft Worth and may answer your ???? Good luck From Dallas S


Ash

Fort Worth,
Texas,
U.S.A.
Received a letter

#8Author of original report

Wed, March 04, 2009

I just received a letter from these people. It says: "We are in receipt of your correspondence.... We have reviewed the information you provided, as well as our notes and the information provided by the original creditor. As a result of our investigation we hereby deny that the information being reported ... in inaccurate. However, we have reported your account as 'disputed'.... In accordance with your request to cease communication ... we will initiate no further contact with you ... unless requested to do so by you in writing." Beneath this it says "This is an attempt to collect a deby and any information obtained will be used for that purpose." Now I have two questions: will reporting the debt as "disputed" make them appear on my report? Since the SOL for reporting ends this month, will this somehow trigger them to return? I'm going to have to strangle someone if it does. Secondly, what's with the "this is an attempt to secure a debt"? Is this attached to all outgoing mail from them? Should I just file away the letter now and ignore it? Thanks.


Steve

Bradenton,
Florida,
U.S.A.
Ash, Send that letter CERTIFIED MAIL, Return Reciept Requested......AND..

#9Consumer Suggestion

Wed, January 28, 2009

Ash, Don't ever speak to those CRACKHEADS and LOSERS on the phone!! Stay off the phone!! Do everything in writing!! That crackhead you were speaking to was just being difficult as they are losers and cannot stand it when someone challenges them. There is NO REQUIREMENT to have a "reference #" to dispute a debt or to send a cease communications request. HOWEVER, be sure to send that letter by CERTIFIED MAIL, RETURN RECIEPT REQUESTED.....AND...be sure to put the certified # on the letter itself before mailing and make a copy of that letter with the certified # on it to prove exactly what you sent. THIS PROCEDURE IS VERY IMPORTANT!! You can also sue these lowlife for the FDCPA violations. Just get notorized statements from any witnesses like your parents, etc. It's an EASY $1000 plus expenses. Don't get mad, GET PAID!!


Ash

Fort Worth,
Texas,
U.S.A.
Update

#10Consumer Comment

Tue, January 27, 2009

I didn't know how else to update this. I know that we should NOT call these people, but I wanted a reference number for my letter of Cease Communications. When I phoned, I said that they had phoned my parents about me, and that I had no knowledge of them or their company or what they claim that I owe them, but that I needed a reference number for my Cease Communications letter. The woman I spoke to was extremely rude as typical. I kept saying that I didn't owe them anything and that I wanted a reference number so that I could send a Cease Communication letter. She began to berate me and ask me if I wanted to settle for a discount, I said no as I did not owe them any money. I demanded that she give me a reference number, and when she refused, I demanded that she tell me the date of original default as the Texas Statute of Limitions is four years. She then tried to claim that the statute began when THEY bought the debt, not when the account when into default with the original creditor. I told her that neither the credit card named nor her company were on my credit report and that I did not know who they were, and that I was going to send a cease communications letter. She then says to me "You know what? Have a good day" and proceeded to hang up on me. Since I did at least get the date of original default, I can include that in my letter. My mother advised me not to attempt calling again for the reference number. I would also like to verify that my parents' phone number is in fact UNREGISTERED and thus they are pulling my credit report for information, and that is how they obtained my parents' unlisted phone number because I used it for a job application. I am about to go to the post office to send off my cease communications letter now.

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