Asset Acceptance, LLC dunning notice

[fury1995]

Hi. We previoulsy posted about LVNV Funding in another thread a week or two ago and the Dunning Letter my spouse received (recently was married, since the last thread). We've sent a DV letter as instructed CMRR and waiting a response fron that with the guidance we learned from here.He just recieved another letter from Asset Acceptance LLC that is offering a 90% discount to pay now.

 

It does state in the bottom in very small print:

 

"The law limits how long you can be sued for a debt. Because of the age of your debt, we will not sue you for it, and we will not report it to any credit reporting agency."

 

From what I can tell, this would only require a response to make them essentially.. go away. I belive I've seen this referred to as a FOAD letter, correct?

 

We have a complicated journey ahead with his credit as we just married (thanks to recent law changes) and he is changing his last name to mine which may help or hinder the process of his repair (but I'll save that for another thread).

 

Input, suggestions or guidance would be appreciated.

 

Thanks

 

 

[funkiehouse]

Is ASSet reporting? How old is that debt.

 

When they include that line it's usually past SOL and they are just fishing for suckers. FOAD sounds like the route to go depending on how old it is.

 

Name change is not really going to do anything to help or hurt the process. CA may try to take advantage of that situation and want you to send in more information to prove who's who but post here before doing anything like that.

 

Save all of these letters you get and send for future use if they sell the account to another CA.

Edited December 8, 2014 by funkiehouse

[fury1995]

Is ASSet reporting? How old is that debt.

 

When they include that line it's usually past SOL and they are just fishing for suckers. FOAD sounds like the route to go depending on how old it is.

 

Name change is not really going to do anything to help or hurt the process. CA may try to take advantage of that situation and want you to send in more information to prove who's who but post here before doing anything like that.

 

Save all of these letters you get and send for future use if they sell the account to another CA.

No, not reporting and it says in the letter they would not. They AR'd his TU on 11/26 and sent the letter on 12/01. Currently he has three judgements on all three bureaus. Two from FIA (MBNA/BOA) in 9/2009 and 3/2010 and one from Jormandy (WaMu/Chase) in 3/2010. Allt hree OC's (BOA x2 and Chase) tradelines were deleted on TU (lucky) and Chase has been deleted by EX and EQ leaving only the BOA accounts on the EX/EQ. It does state the OC is Chase/First USA so I think it may? be related to the WaMu/Chase account that was the judgement so I knida feel like I should tread lightly with this...

 

Any thoughts on how I should poke at this?

 

thanks

[fury1995]

Was wondering if I could get more guidance on this.

 

Thanks

[ICANHASMUNY?]

just tell them to cease all communication

[JunkBuyersWorstNightmare]

Is ASSet reporting? How old is that debt.

 

When they include that line it's usually past SOL and they are just fishing for suckers. FOAD sounds like the route to go depending on how old it is.

 

Name change is not really going to do anything to help or hurt the process. CA may try to take advantage of that situation and want you to send in more information to prove who's who but post here before doing anything like that.

 

Save all of these letters you get and send for future use if they sell the account to another CA.

 

 

+100,000.

[ICANHASMUNY?]

 

Is ASSet reporting? How old is that debt.

 

When they include that line it's usually past SOL and they are just fishing for suckers. FOAD sounds like the route to go depending on how old it is.

 

Name change is not really going to do anything to help or hurt the process. CA may try to take advantage of that situation and want you to send in more information to prove who's who but post here before doing anything like that.

 

Save all of these letters you get and send for future use if they sell the account to another CA.

No, not reporting and it says in the letter they would not. They AR'd his TU on 11/26 and sent the letter on 12/01. Currently he has three judgements on all three bureaus. Two from FIA (MBNA/BOA) in 9/2009 and 3/2010 and one from Jormandy (WaMu/Chase) in 3/2010. Allt hree OC's (BOA x2 and Chase) tradelines were deleted on TU (lucky) and Chase has been deleted by EX and EQ leaving only the BOA accounts on the EX/EQ. It does state the OC is Chase/First USA so I think it may? be related to the WaMu/Chase account that was the judgement so I knida feel like I should tread lightly with this...

 

Any thoughts on how I should poke at this?

 

thanks

 

 

I f this is a judgment, they wouldn't be offering a 90% discount , and telling YF they couldn't report - they would be garnishing instead.

 

call the court and see if the judgment was sold / transferred - it's a legal process; transferring ownership a judgment has to be recorded with the court - unlike the sale of a charged off account

[fury1995]

 

 

Is ASSet reporting? How old is that debt.

 

When they include that line it's usually past SOL and they are just fishing for suckers. FOAD sounds like the route to go depending on how old it is.

 

Name change is not really going to do anything to help or hurt the process. CA may try to take advantage of that situation and want you to send in more information to prove who's who but post here before doing anything like that.

 

Save all of these letters you get and send for future use if they sell the account to another CA.

No, not reporting and it says in the letter they would not. They AR'd his TU on 11/26 and sent the letter on 12/01. Currently he has three judgements on all three bureaus. Two from FIA (MBNA/BOA) in 9/2009 and 3/2010 and one from Jormandy (WaMu/Chase) in 3/2010. Allt hree OC's (BOA x2 and Chase) tradelines were deleted on TU (lucky) and Chase has been deleted by EX and EQ leaving only the BOA accounts on the EX/EQ. It does state the OC is Chase/First USA so I think it may? be related to the WaMu/Chase account that was the judgement so I knida feel like I should tread lightly with this...

 

Any thoughts on how I should poke at this?

 

thanks

 

 

I f this is a judgment, they wouldn't be offering a 90% discount , and telling YF they couldn't report - they would be garnishing instead.

 

call the court and see if the judgment was sold / transferred - it's a legal process; transferring ownership a judgment has to be recorded with the court - unlike the sale of a charged off account

 

Thanks. Actually we went to the courthouse today and searched for any/all records under his name and paid for copies. This account does not appear to be one of those (although there is another from Chase from a bought out MBNA account, I believe). We will send a FOAD letter. I'll look here on the boards for a recent approved one.

 

thanks again

[BeachDweller]

I always respond to a dunning notice with a debt validation letter. It's a more practical solution and you addressed the problem instead of ignoring it. They won't be able to produce the evidence, so you will in effect have the same result.

[ICANHASMUNY?]

I always respond to a dunning notice with a debt validation letter. It's a more practical solution and you addressed the problem instead of ignoring it. They won't be able to produce the evidence, so you will in effect have the same result.

 

He already DV'd them - that's when he received the settlement offer.

[fury1995]

No record of sale/transfer of any judgement at the courthouse.. We have not DV'd this Dunning Notice, just the one from First National... The only letter sent by Asset (the one in this thread) stated the debt is time barred so I did not see any reason to dispute/validation this as it states in their intial letter offering a 90% discount:

 

"The law limits how long you can be sued on a debt. Because of the age of this debt we will not sue you for it, and we will not report it to any reporting agency"

 

 

With what I have been reading all over this forum for days and weeks, it seemed straight forward and not as complicated as it could have been if not for that statemnt above.

 

This is what we are sending tomorrow CMRR, I assumed I have my bases covered in this (please someone feel free to speak up if something looks incorrect or I should add/replace/delete anything):

 

(Collector Name).

(Collector Address)

 

(Name)

(Address)

(City State Zip)

 

(Date)

 

CMRR#

 

Re: Collector name Acct # (Number)

I am responding to your letter dated (DATE). Your letter states this is a debt I owe your company and identified the Original Creditor as “(ORIGINAL CREDITOR)”. This letter is NOT a request for validation or verification of any type for this alleged debt nor is this letter an admission to owing or not owing this alleged debt. This is a refusal to pay for this alleged debt.

 

Your letter states based on the age of this debt and how long the law permits, you will not sue for this alleged debt nor will you report this alleged debt to any credit reporting agency. Based on that statement, this alleged debt is time barred and outside the Statute of Limitations.

 

Under the Fair Debt Collection Practices Act (FDCPA), it is my right to request that you cease contact with me. With this letter you are notified, under the law, you can now only contact me to advise me that your company’s further efforts are being terminated.

 

Any further attempts to contact me for purposes of collecting this alleged debt or reporting this alleged debt to any credit reporting agency, will be met with an immediate lawsuit, naming you as the defendant.

 

Regards,

 

No Signature

(NAME)

[ICANHASMUNY?]

if it makes you feel better, you can say all that.

 

all that is needed is to say,

 

 

RE: Account # __________________________

 

Please cease all communications regarding this debt, including indirect communications thru third parties

 

Sincerely,

 

______________________

[fury1995]

if it makes you feel better, you can say all that.

 

all that is needed is to say,

 

 

RE: Account # __________________________

 

Please cease all communications regarding this debt, including indirect communications thru third parties

 

Sincerely,

 

______________________

Thanks, easier to remember that...

 

I always try to head advice and read as much as possible and then with enormous hesitation ask questions such as the two threads I've created. Google has been a great friend *if* you know what your looking for. A simple FOAD letter search either on this forum or on the great big Internet leads to a trillion different ways in multitudes of complicated formats to say what you just said in 13 words found in the above post by you.

 

so I guess what I'm trying to say is....

 

Thanks for the direct concise reply.

[goturtlego]

Ugh hate Asset. I fought them twice (2 different accounts) and won and they still sent time barred letters. What a joke those people are.

[fury1995]

They still sent you time barred notices after you won? Did you go after them for violations? If so, what was the result?

 

Thanks

[funkiehouse]

 

if it makes you feel better, you can say all that.

 

all that is needed is to say,

 

 

RE: Account # __________________________

 

Please cease all communications regarding this debt, including indirect communications thru third parties

 

Sincerely,

 

______________________

Thanks, easier to remember that...

 

I always try to head advice and read as much as possible and then with enormous hesitation ask questions such as the two threads I've created. Google has been a great friend *if* you know what your looking for. A simple FOAD letter search either on this forum or on the great big Internet leads to a trillion different ways in multitudes of complicated formats to say what you just said in 13 words found in the above post by you.

 

so I guess what I'm trying to say is....

 

Thanks for the direct concise reply.

 

 

Simple is often best!

[funkiehouse]

Ugh hate Asset. I fought them twice (2 different accounts) and won and they still sent time barred letters. What a joke those people are.

 

ASSet

 

http://www.ftc.gov/news-events/press-releases/2012/01/under-ftc-settlement-debt-buyer-agrees-pay-25-million-alleged