Proof of Debt - CA not responding

[NYguy33]

What is the name of your state? New York

Since August 2005, I have been disputing a debt with Asset Acceptance. They claim I owe Pacific Bell nearly $600. I have asked for proof of this debt over and over again. They have yet to provide it. I filed a formal dispute with them and with the credit bureaus. Since then, they have violated FDCPA laws three times in attempting to collect the debt while it's in dispute. I have documentation to support these violations. Meanwhile, I called Pacific Bell directly and asked for proof of the debt. It says it can't access records that old although its only been just over two years.

How should I proceed? I need this off my credit report b/c I plan to look for a new apartment soon and this could hurt my chances of getting one or obtaining credit.

Thanks...

[debtcollector`]

Originally Posted by NYguy33

Since August 2005, I have been disputing a debt with Asset Acceptance. They claim I owe Pacific Bell nearly $600.

So did you send a validation letter -- or simply say you dispute it? For the record, they don't claim you owe PacBell, PacBell claims you owe them.

Originally Posted by NYguy33

I have asked for proof of this debt over and over again. They have yet to provide it. I filed a formal dispute with them and with the credit bureaus.

See question above. They don't have to provide you with jack -- except in certain circumstances. If you demand validation within 30 days of first contact -- for example. After that you still have a right to request validation, but there is no codified rule on how long they can take to respond and they aren't restricted from pursuing collections.

Originally Posted by NYguy33

Since then, they have violated FDCPA laws three times in attempting to collect the debt while it's in dispute. I have documentation to support these violations. Meanwhile, I called Pacific Bell directly and asked for proof of the debt. It says it can't access records that old although its only been just over two years.

You have proof that you don't know what you are talking about. See answer above. If you still feel you are right, file suit against them.

Originally Posted by NYguy33

How should I proceed? I need this off my credit report b/c I plan to look for a new apartment soon and this could hurt my chances of getting one or obtaining credit.

So pay it. Don't respond with the snide comments I know are coming. You asked how you should proceed to get this off your credit report. That is how. Pay the bill. It will be reported as a paid collections account within 30-60 days.

DC

[NYguy33]

The only person making snide comments is you. If I pay it, I admit the debt is mine. I dont think it is and it stays on my credit as a paid judgement.

Furthermore...I do know what I am talking about...

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

[Debt Guy]

1. Did you (the consumer) make a written dispute within the 30 day period as defined in the act? That means within 30 days of the initial contact from the creditor? If you made your dispute after the initial 30 day period, the creditor is not "stayed" from collection activity. The disupte must be in writing in order to be effective.

2. Can you prove the creditor has failed to cease collection activity? There are no FDCPA cops and you bear the burden of proof in court. If you win the case, the statue provides for a penalty of $1000.

3. Assuming the answer to both #1 and #2 is yes, then your recourse is to file a lawsuit for violation of FDCPA.

Is the debt still within the statue of limitations?

[BL]

If you have followed the procedures to dispute the " Alleged " debt with the original creditor , in writing as per their policy , and they are in fact violating the FTC , FDCPA and/or FDRA , your first recourse is to send a dispute to the CRA's requesting a verification , and removal of the debt from your CRA reports , due to the creditor's violations .

IF in fact the creditor is in violation and the CRA's refuse to remove the " Alleged " debt from the reports , file a complaint with your local Attorney General's Office of consumer affairs , naming the CRA's and the creditors .

[url]www.FTC.gov[/url] You can request copies of the FDCPA and the FDRA , and familiarize yourself with the Laws and codes .

Be warned if you are successful , down the road a collection agency trying to collect it again .

I am currently receiving such letters , after I thought I cleared this up 2 or 3 years ago , through the attorney General's office . I will be sending my demand letter for them to cease and desist this nonsense .

[debtcollector`]

Originally Posted by Blonde Lebinese

Be warned if you are successful , down the road a collection agency trying to collect it again.

Not may - will. The debt will be packaged and sold. Happens all the time. There are more than 5,000 CAs in the US and debt buying is becoming an investment club activity. Someone will buy it and pass it to a CA for collections. You CD the CA and they send it to another. When the debt package no longer meets their collection metrics, it will be sold to another investor who will do the same thing.

DC

[Ladynred]

I dont think it is and it stays on my credit as a paid judgement.

Judgment ?? IF you haven't been sued, there will be nothing reported as a 'paid judgment'. If you pay a collection, it will be reported as a paid collection - still a negative but the apt complex can't say you didn't pay your bill.

If you've disputed thru Validation, even if it was after the intial 30 day period, they STILL must mark the account as disputed with the credit bureaus. If they have not done so, then they are not only violating the FDCPA, but the FCRA as well-- which is typcial of ASSet Acceptance.