Thinking of sending this letter to Equifax in response to a collection debt.

This is in response to a dispute for debt collection from a third, hell by now it would be a fourth or fifth party interloper that I never entered into an agreement with. Note: The original debt was charged off about 10 yrs ago.

Also, seriously considering forwarding all correspondence to the State Attorney General should they still insist on breaking the law.

BTW, thanks suijuris for the inspiration to get into the Florida Statutes. Still have not found the credit limitations you mentioned in another thread.

Any input would be much appreciated.
Ken

EQUIFAX

P.O. BOX 105518

Atlanta, GA 30348

Re: Enclosed response to consumer dispute confirmation #4348017913

Dear EQUIFAX,

As stated in previous dispute with the aforementioned information in the credit file of KENNETH R SMITH™, pursuant to Florida law, there is no signed credit agreement with ASSET ACCEPTANCE LLC. Therefore, pursuant to Florida Statute 687.0304 (See Attachment 1) there is no debt. As previously stated, this alleged account with ASSET ACCEPTANCE LLC is fraudulent as KENNETH R SMITH™ has never sought to do business with ASSET ACCEPTANCE LLC. No consenting agreement has been entered into with ASSET ACCEPTANCE LLC on the part of KENNETH R SMITH™ and no legally binding agreement exists regarding the alleged debt.

You are asked again to remove this account from the credit report of KENNETH R SMITH™. If you have in your possession a signed affidavit with KENNETH R SMITH’S™ signature upon it, you are requested to compare it with the signature found at the bottom of this letter. Furthermore, you are requested to send a certified copy of said original document to KENNETH R SMITH™ at the address on file with the EQUIFAX for proof of said claim.

Thank you for your time,

__________________________

Auth rep and Secured Party for KENNETH R SMITH™

JURAT

Subscribed and sworn to before me on the ____ day of ________________________.



Notary Public, State of Florida

Printed Name:_______________________

Commission Expires: _________________

ATTACHMENT 1

The 2004 Florida Statutes

687.0304 Credit agreements.--

(1) DEFINITIONS.--For the purposes of this section:

(a) "Credit agreement" means an agreement to lend or forbear repayment of money, goods, or things in action, to otherwise extend credit, or to make any other financial accommodation.

(b) "Creditor" means a person who extends credit under a credit agreement with a debtor.

(c) "Debtor" means a person who obtains credit or seeks a credit agreement with a creditor or who owes money to a creditor.

(2) CREDIT AGREEMENTS TO BE IN WRITING.--A debtor may not maintain an action on a credit agreement unless the agreement is in writing, expresses consideration, sets forth the relevant terms and conditions, and is signed by the creditor and the debtor.

(3) ACTIONS NOT CONSIDERED AGREEMENTS.--

(a) The following actions do not give rise to a claim that a new credit agreement is created, unless the agreement satisfies the requirements of subsection (2):

1. The rendering of financial advice by a creditor to a debtor;

2. The consultation by a creditor with a debtor; or

3. The agreement by a creditor to take certain actions, such as entering into a new credit agreement, forbearing from exercising remedies under prior credit agreements, or extending installments due under prior credit agreements.

(b) A credit agreement may not be implied from the relationship, fiduciary, or otherwise, of the creditor and the debtor.

[Jerseee]

ken,

you are sending this to the wrong agency. equifax is not in the business of making legal determinations. I have written post after post after post explaining to our members to stop arguing and start demanding proof of the debt first.

Read your letter. Does it demand proof of the alleged debt or does it give testimony on your behalf?

As I read it, it gives testimony from you, therefore the debt is valid since you are not demanding validation of the debt but rather trying to explain why the debt is not yours. Do you see the difference?

You're talking about an agreement when you should be addressing the validity of the agreement from the beginning. further, you are asking them ever so politely to do their job and delete something. No need to ask them to do this. Just cite the code that orders them to do it.

Aaaahhh, ken...don't send that document to Equifax--they are going to either ignore it or respond unfavorably.

More study and research is needed if you expect to get the desired results. Do not overlook the obvious basis for all of this.......first make them prove the alleged debt is valid, then move from there.

Originally Posted by Jerseee

ken,

you are sending this to the wrong agency. equifax is not in the business of making legal determinations. I have written post after post after post explaining to our members to stop arguing and start demanding proof of the debt first.

Read your letter. Does it demand proof of the alleged debt or does it give testimony on your behalf?

As I read it, it gives testimony from you, therefore the debt is valid since you are not demanding validation of the debt but rather trying to explain why the debt is not yours. Do you see the difference?

More study and research is needed if you expect to get the desired results. Do not overlook the obvious basis for all of this.......first make them prove the alleged debt is valid, then move from there.

Jerseee,

I have already submitted the VOD to Asset Acceptance in August. No response received (of course). I disputed as fraud, (3 third party debts for the same 10yr charged off debt were removed) only this one they want to say stays. What is my next step? Do I VOD the CRA? Also getting so fed up thinking of sending a bill for using my TM name for profit. This thing just won't seem to die!

Ken

Looks like this might be the best action at this time.

What say ye?

Ken

[Jerseee]

ken,

what is a CRA going to do with a VOD if they are not the ones that issued you that alleged debt?

how do you intend to collect on the bill you present if they default?

What action can I take with them to get them to remove this fraudulent debt?

Ken

[Jerseee]

Read the code. Your answer lies there. USC 15, chp 41

Originally Posted by Jerseee

Read the code. Your answer lies there. USC 15, chp 41

Jersee,

Would this be the one you are talking about? TITLE 15 > CHAPTER 41 > SUBCHAPTER V > § 1692e. False or misleading representations

Or this one: (b) Disputed debts

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section 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 a 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.

<<Bear in mind that this does not give any time limitation for the debt collector to give the verification.>>

Or is it this one? § 1681s–2. Responsibilities of furnishers of information to consumer reporting agencies

Been reading through it and guess the skull is being thick tonight cause still not seeing the remedy in there yet. I'll keep looking and wait for the light to come on.

Ken

[Jerseee]

Ken,

That's good. but how about these?

§ 1681n. Civil liability for willful noncompliance
§ 1681o. Civil liability for negligent noncompliance

Originally Posted by Jerseee

Ken,

That's good. but how about these?

§ 1681n. Civil liability for willful noncompliance
§ 1681o. Civil liability for negligent noncompliance

Jerseee,
I had looked at these. I suppose it's time to go after the collection agency and demand they remove the thing off the CRA's.

I had heard that you are a plethora of good info. So when does the next class start?

Ken