Steve [Not A Lawyer]
Bradenton,#2Consumer Suggestion
Thu, March 15, 2007
John, Unfortunately, the FTC does not do individual enforcement of the FDCPA. The only enforcement of the FDCPA is by you. It is up to an individual to sue for the damages under the FDCPA. The FTC only gathers statistical data based on complaints recieved and goes after major offenders on a class basis only. We do need an agency that will actually assist an individual in these matters.
Susan
Winnetka,#3Consumer Comment
Thu, March 15, 2007
I throughly agree with you, if you owe the money pony it up and pay it, however, my grandfather is a victim of Assest Acceptance, he never incurred the debt and has a FICO In the upper levels of the 800s. SO clearly you can see he is hiding from nothing yet these people are trying to collect, and I have had to get involved in order to protect my grandfather from their unscrupulous practices. Bear in mind my grandfather is 96 years old, does not need this sort of stress in his life and they better hope he does not get so upset over this that he puts himself in the hospital with an angst attack or they will be crucified by my lawyers. They made the mistake of going after one of the two people on this planet that I will KILL and DIE for if pressed. The bottom line is that not everyone harassed by these people is legitimately contacted and to make a blanket statement that "debtors hide" is frankly BS on the highest order. A debt that is 11 years old, or 7 or 15 or 20 for that matter should not come back to haunt people, especially seniors living on a limited income, and certainly not when the debt never existed to begin with.
John
Gainesville,#4Author of original report
Tue, March 06, 2007
The SOL deals with how long they can sue in court, we already established that part. If you had bothered to read the original post, you would have noticed that Asset Acceptance violated the FDCPA when they falsely reported the debt started in 2006, not 2001, meaning the information would stay on a credit report until 2013 instead of 2008. The law is the law, and debt collectors cannot change the original date of delinquency, unless a payment is made that brings the date current again. Please read before you respond.
Richard
San Antonio,#5Consumer Suggestion
Tue, March 06, 2007
All I ever see on here is people claiming they know the FDCPA and about the SOL which every debtor tries to use as a shield to hide behind to try and escape thier financiel responsibilities. Everyone allways says "but what about the SOL?" Good god people the state SOL is only the period of time that the original creditor or the collection agencies are allowed to sue you!!!!!!! Depending on the state you live in limits the actions they can take,some states you can bank garnish,wage garnish, or put a property lien on property. After the state SOL the delinquent tradeline stays on your credit report for the remainder of the 7 years, let's say you live in Texas well the state SOL is 4 years so after that has run out it's still on your credit report for 3 more years and then it is shown on your credit history which is a reflection of your "beacon score",when it was on your cbr it was a reflection of your credit score. When it is no longer showing on the federal SOL which is the 7 years is does not mean you can hide behind the 7 year shield and pretend that you you don't owe this money. THERE IS NO STATUTE OF LIMITATIONS ON THE COLLECTABILITY OF AN OUTSTANDING AND UNPAID DEBT!! If you were the original creditor and it was your business I'm sure each and everyone of you would want your money and anyone who says no is answering thru a debtor's eye's. THINK ABOUT IT..................
John
Gainesville,#6Author of original report
Sat, February 24, 2007
Everyone keeps telling us that things like this are against the Federal Debt Collections Practices Act, yet no one ever does anything about them. It is a violation of State Law, yet they get away with it. It is a violation of Federal law that the Federal Trade Commission is supposed to oversee, but even the FTC does nothing. We won't even bother about how badly the Better Business Bureau does nothing more than collect "dues" as bribes to protect crooked companies and considers any response to a consumer complaint as a valid response, no matter how stupid the response is. How can these debt collectors continue to violate State and Federal laws, yet Experian, Equifax, and Trans Union are allowed to smear our good names and intentionally provide false credit information that they know is being incorrectly provided by creditors? Do we need to get the next President of the United States involved in our credit matters? Last I checked, we have 7 Democrats still in the race. I don't like many of them, but maybe this can light a fire under someone, regardless of your choice of political affiliation.
Joshua
Lisbon,#7Consumer Comment
Fri, February 23, 2007
I also have an old probelm with Asset that goes back to 1996 for the state of Ohio. I had a truck stolen back then and the bank and insurance agency never cam to a settlement that either liked, though the bank took what they offered. Of course Asset picked it up in later years and I had a lawyer send them a letter long ago to deal with him. So, now they only deal with Experian, that are the only ones who show this old dadta from 96 and somehow Asset gets in it updated every 6 months and the amount increases monthly. I sent a letter to Experian claiming that the information is fales but they refused to post it on Your Personal Statement field. So, you are not alone......