Tim
Valparaiso,#2Consumer Suggestion
Fri, October 05, 2007
Your first step is to do one of two things: 1) Hire a lawyer (which may require a retainer larger than the debt itself); or 2) Start writing some letters. Even as an attorney, I would advise going with option "2" to start, as it may provide an easy resolution short of paying legal fees. So here's who you need to write to, and what you need to write: 1. First you need to find out if this debt is appearing on any of your credit reports. You can get copies of your credit reports for free at annualcreditreport.com. 2. For any collection agency that is reporting this debt, you need to file a dispute. Don't bother using online dispute forms. Instead, send each of them a letter stating, first, that you dispute the validity of the debt as it has been paid according to an agreement with the collector. Then, detail the situation (the history of the transfers of the debt, the payment made, the continued collection efforts). Attach copies of any documentation that you have (letters from collectors, receipt for payment, etc.). Demand an investigation per the FCRA, and let them know that a failure to timely conduct an effective investigation will be considered an FCRA violation. 3. Write a letter to NCO. Again, detail the situation and attach any relevant documents. Let them know that, if this situation is not resolved in a timely fashion, that you will pursue any and all legal remedies available to you under the FDCPA, the FCRA, and any other applicable state and federal laws. 4. Write a similar letter to Asset Acceptance, and inform Asset Acceptance that a copy of the letter sent to them is also being sent to the original creditor. 5. Send a copy of the Asset Acceptance letter to the original creditor. You'll have to wait a good 60 days to see if this all pans out. If you haven't heard anything after that time, call these agencies up to see if they are still trying to collect this debt. If they aren't, ask for a letter to that effect. If they are, contact a lawyer. If you do end up needing the services of a lawyer, it's likely that there is at least one FCRA and/or FDCPA violation involved, and possibly a case for libel. Each of these claims allow for attorney's fees and actual damages. Best of luck!
Southside
Chicago,#3Consumer Comment
Fri, October 05, 2007
nco probably owned the account before asset and then sold it to them. follow up with nco to see if and when they sold the account to asset. have them forward payment to the owning company
Robert
Buffalo,#4Consumer Suggestion
Fri, August 31, 2007
If you want to settle the debt, do so with the CREDITOR, NOT the collector. Many times, a settlement with the collector only gets that particular collector off your back. The creditor is free to come after you for the balance! I always recommend demanding validation per the FDCPA because when they respond, you will know who the creditor is and then you can negotiate with the creditor. Any settlement must be in writing! Further, you should receive a document from the creditor that states that the debt is absolved as a result of you paying the settlement amount BEFORE you send them a dime! Good luck.
Petronia121
New Hartford,#5Consumer Suggestion
Fri, August 31, 2007
If FYI's suggestions don't work I would seriously consider contacting a lawyer and notifying the FTC and the BBB of the fraudulent activities of Asset Acceptance. It's worth the trouble for that kind of money and most affordable lawyers end up only taking about 15% of whatever your settlement is in a lawsuit. Collection agencies shouldn't be allowed to rip people off like that. Just a suggestion.
Petronia121
New Hartford,#6Consumer Suggestion
Fri, August 31, 2007
If FYI's suggestions don't work I would seriously consider contacting a lawyer and notifying the FTC and the BBB of the fraudulent activities of Asset Acceptance. It's worth the trouble for that kind of money and most affordable lawyers end up only taking about 15% of whatever your settlement is in a lawsuit. Collection agencies shouldn't be allowed to rip people off like that. Just a suggestion.
Petronia121
New Hartford,#7Consumer Suggestion
Fri, August 31, 2007
If FYI's suggestions don't work I would seriously consider contacting a lawyer and notifying the FTC and the BBB of the fraudulent activities of Asset Acceptance. It's worth the trouble for that kind of money and most affordable lawyers end up only taking about 15% of whatever your settlement is in a lawsuit. Collection agencies shouldn't be allowed to rip people off like that. Just a suggestion.
John
Louisville,#8Consumer Comment
Mon, August 06, 2007
Rule #1 in dealing with collection agencies: Get all agreements and and keep all communications IN WRITING. DON'T pay them one penny until you get a WRITTEN agreement from them that they'll accept the amount you've offered as PAYMENT IN FULL... 99% of collection agencies are liars and con-artists who are out to get the max amount of money from you in th quickest amount of time....The particular firm you're dealing with is an especially bad bottom feeder. It sounds like they gladly took your money without there having been an agreement made first...then then turned around and sold to another (or affiliated) collection agency...As long as there was no agreement to accept your payment as payment in full to close out the account...they can (and will) simply keep the account open and charge bogus interest and late fees and start the collection process all over again. I hope I'm wrong but this might end up being a $1,055.63 lesson in how not to deal with collection agencies. I guess you could try to contact NCO and request a written document stating that this account has already been paid....Yet, this is assuming the people at NCO are "nice" people. budhibbs.com/debtcollectorpages/nco_financial_systems.htm