Elaine
Boise,#2Consumer Comment
Wed, May 23, 2007
Well, the good news is that you CAN win (without resorting to going sniper-ballistic.) The bad news is that it is going to take some time (approximately 60 days at least) and some money (to pay for postage). You will need to write very specific letters to all the credit reporting agencies (Equifax, Experian and Transunion), sending each letter Certified Mail, Return Receipt Requested. Dispute the debt as being inaccurately or inappropriately reported on your credit bureau reports and require them to validate the debt to you. Keep copies of the letters with your certified mail receipts. Send another letter (preferably on the same day) to Asset Acceptance for each of the entries on your credit bureau report, again Certified Mail, return receipt requested. WRITE THE CERTIFIED MAIL # on the body of the letter before you seal it in the envelope. Dispute the debt and ask for specific validation that they have a signed contract where you indicated you owed them (Asset Acceptance) money. There are plenty of examples of debt validation letters both here and by googling "debt validation letters". Keep copies of those letters with your certified mail receipts. Wait for the green return receipts to come back in the mail. You should - if they're on the ball - receive letters in the mail from the credit reporting agencies indicating what actions they have taken within 30 days of their receipt of the letter you sent. As for Asset Acceptance, I doubt they'll respond, but I suppose it is possible that pigs will fly. Upon the expiration of 30 days FOLLOWING THEIR receipt of the letter, you're going to need to send more letters. To the Credit Reporting Agencies: If they haven't responded, or haven't corrected the report to your satisfaction, send another certified letter explaining that they haven't done what was required by the Fair Debt Reporting Act and validated the debt to you. Merely saying (if they do) that the debt was validated does not prove the debt was yours. Send copies of the original letter and copies of the return receipt showing they received the first letter, and ask them to comply with your request to remove the offending entries from your credit bureau report. Mail this letter CERTIFIED MAIL RETURN RECEIPT REQUESTED and keep the receipts with copies of the letters. To Asset Management: Send them another certified letter explaining that you sent a letter 30 days previously asking them to validate the debt. To date they haven't responded and validated the debt as accurately belonging to you and correctly being collected upon. Since they are now in violation of the Fair Debt Collection Act, they can no longer collect and they are to remove their reports from the credit bureau. Again, keep copies of the certified mail receipts. Wait for the new green return receipts, then wait 30 days from the date they received the letters. You now have all the documentation you will need to sue both the Reporting Agencies and Asset for violating federal law IF they do not follow through. I have done this with Asset and NCO and have won EVERY time. It does take time, it does take money for postage, it does take patience to write a good, legible and effective letter, and it does take relatively good record keeping skills, but you too can do this. NCO reported 3 times that I had a debt from a hospital I never was in. The 3 reports dropped my credit score 100 points. I did this letter writing campaign, won, and after the 60 days, my score was restored. Unfortunately it does take time, and there is no government oversight (despite what the FTC says). Asset can (and probably will) sell the debt to another scumbag company, or they will try and report the debt as a new entry next year. HANG ON TO THE COPIES OF THE LETTERS and the green receipts. Put them somewhere you will be able to find them, because you will need these to dispute the debts again should you need to prove that this debt was unable to be validated previously and should be deleted from all reports and they should cease collection activity. Unfortunately, this may become your new hobby: letter writing and monitoring your credit report. But it's worth it to see these scumbag companies get ZERO satisfaction from you. Don't skip any steps, follow through, and you'll win! Good luck!