Category Archives: Debt buyers

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Mortgage credit report: Nice FICO scores with chargeoffs and Asset Acceptance collection

The most recent collection (Asset Acceptance) was assigned in 7/10 and it IS rated despite the dispute notation.  My client just received his new mortgage credit report: EQUIFAX/FACTA BEACON 5.0 SCORE: 678 00038 – SERIOUS DELINQUENCY, AND DEROGATORY PUBLIC RECORD OR COLLECTION FILED 00018 – NUMBER OF ACCOUNTS WITH DELINQUENCY 00014 – LENGTH OF TIME […]

Complaint to NM AG: debt buyer interest charges while account NOT owned

Like so many debt buyers, Asset Acceptance ignored the dispute and it charges outrageous interest without providing any documentation allowing it to charge interest. My client’s complaint and my declaration submitted to the New Mexico attorney general. I have never seen Citi or Chase charge interest after an account was charged off.  Yet, debt buyers […]

Collections do NOT have to be disputed “in writing”

Another interesting excerpt from the Midland / Brent opinion: In addition to clerical mistakes, the Sixth Circuit has also allowed the bona fide error defense for mistakes of law. Jerman, 538 F.3d at 472-73. The debt collector in Jerman sent a letter that included the statement that a dispute of the debt must be made […]

Class action: federal court holds “personal knowledge” in debt buyer Midland affidavit “patently false”

When debt buyer Midland (Encore owned) sued Brent in Ohio state court for an OLD Associates (now CitiFinancial) debt, she retained an attorney who removed the case to federal court.  He filed counter claims for violations of the FDCPA as well as Ohio law and went on to file for class certification. Judge Katz recently […]

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