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JusChopnitup

Need Advice

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I just received a letter from Associated Credit Services fregarding a debt I had with SunTrust Bank. When I lost my job a few years ago, I had some autopays that resulted in fees since my account didnt have the funds. Suntrust closed my account soon after. I went to them directly to arrange payment. I was told I couldnt pay the teller directly since technically my account was closed. What they did was take my payment and mail it off to their collections dept. I made 3 payments of $60 towards an outstandinding balance of $372. Long story short, I couldnt continue payments. Yesterday I get this letter from Associated saying I have 30 days to dispute/respond etc. Balance owed was the same $372.

Should I contact SunTrust directly to pay them or send PFD letter to Associated? Or should I first dispute the amount owed?

Thanks in Advance

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Never pay a debt without first researching where you stand legally.

Always investigate and verify how much you owe, and if you legally still owe it.

That helps you make an informed decision, and plan your next step.

 

1. What state are you in?

2. What date was the account closed?

3. Do you have the final statement sent from the bank?

4. Did you keep proof or receipts of the 3 payments?

 

We can determine if the Statute of Limitations (SOL) has passed - indicating whether you are still legally liable for the debt.

 

Associated Credit Services should get a Demand for Validation (DV) or a FOAD letter combination contingent on your state's SOL.

Edited by tmcgill

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The debt is still in MD's SOL, so send Associated a DV letter (not the FOAD) - Certified Return Receipt Requested.

 

Is the account reported to Chexsystems, or is it on your credit reports? Since it is still in SOL, I would negotiate a settlement amount, and Chexsystems removal if they reported you. If not the removal, then a paid status.

 

 

(Date)

 

 

VIA CERTIFIED MAIL - RETURN RECEIPT

 

Associated Credit Services

115 Flanders Road
Suite 140
Westborough, MA 01581-0000

 

Re: (Your Name)

(Their account or file number)

 

Gentlemen:

 

In accordance with the Fair Debt Collection Practices Act, I am requesting validation of the debt listed in your letter to me dated (notice date). Your notice stating I owe (list amount) to Suntrust Bank is false and inaccurate.

 

In addition, this is a formal notification to cease and desist any telephone contact. Any reply regarding this request should be sent to:

 

(List Mailing Address)

 

Sincerely,

 

 

(Your Name)

Edited by tmcgill

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It hasnt reported to my credit report yet. I received the notice last week. Also, should I include these bullet points in DV letter?

 

  • What the money you say I owe is for;
  • Copies of all statements from the date account was opened until default;
  • Explain and show me how you calculated what you say I owe;
  • Provide me with copies of any papers that show I agreed to pay what you say I owe;
  • A copy of the contract Associated Credit Services Inc purchased the alleged debt.
  • If the alleged debt was purchased, provide a copy of an agreement between Associated Credit Services and myself, signed by me, stating that I have a contractual responsibility to Associated Credit Services for the alleged debt.
  • Provide a verification or copy of any judgment if applicable;
  • Identify the original creditor;
  • Prove the Statute of Limitations has not expired on this account;
  • Show me that you are licensed to collect in my state; and
  • Provide me with your license numbers and Registered Agent.

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I've seen small debts like this escalate. You turn around and next you're getting garnished for an outrageous, larger amount.

 

The DV provides a level of legal protection, but they are under no legal obligation to provide the items listed in the bullet points. The legal bar for what constitutes "validation" is low. You can include them, but the goal is to get them to subtract the $60 you've paid, and negotiate a lower settlement (since the debt is still in MD SOL).

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