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Collections Question - Eastern Asset Management  
Old 05-21-2009, 11:42 AM   #1
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Keep in mind that I have no idea what I was doing then or now, and sorry if this is a repeat post.

I received a phone call this morning from Eastern Asset Management LLC regarding a debt to Clout Visa. I paid this debt from Oct 06 to Dec 06. At that time I did not know that you were supposed to receive a letter stating that the account was paid.

Fast forward to roughly Dec 08, I started getting phone calls from Eastern Asset Management. The first contact call was not made to me but to my uncle who I do not talk to. I have never received a letter from this company just threatening phone calls about how they plan to file suit if I do not make a payment agreement with them in the next 24 hours. I asked them for information regarding the account because I had paid the account off. Mr. Porter (wouldn't give me his first name) said that the last payment was made on Dec 06 and that I just need to make arrangements with them. He also stated that I needed to fax him the letter that said that the account was paid off. I said I would need time to get the letter from the company and that I would mail it to them through certified mail. He then stated at that point that I am just refusing to pay a debt that they have validated because I have made payments to another company on it and I am just avoiding them, and then he proceeded to hang up on me. The information he gave me about the account is readily available from a credit report check.

I sent a request to the company that I had paid requesting a letter stating the account was paid, but have yet to receive one even though I have been calling them for 3 months. I'm not sure what to do or how to go about getting this fixed.
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Re: Collections Question - Eastern Asset Management  
Old 05-21-2009, 02:06 PM   #2
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Send Eastern a validation letter. Write to Clout, tell them that you have been contacted by Eastern and they are threatening a lawsuit. If that happens you will subpoena Clout's business records.

In the mean time do you have copies of canceled checks or can you get them from your bank?
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Re: Collections Question - Eastern Asset Management  
Old 05-21-2009, 02:57 PM   #3
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Unfortunately Clout is no longer in business and the debt was sold to Philips and Burns CA. I do have the cancelled checks from my bank and offered them to Eastern. They said they have no merrit since the account is still being reported as derog on my credit report. They told me that I have until Tuesday to get them some sort of paper from Philips and Burns reguarding the account and they will drop the matter. He was just reading my credit report to me and not offering any other information besides what was on it. He also refuses to send me the address for them wanting only a fax of the letter.

Are they in compliance with the FDCPA?

I did finally get a Paid in Full letter from Philips and Burns which they are sending to me. Is it possible to use that letter to get the item updated or even removed from my credit report based on that letter if P and B refuses to update it?
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Re: Collections Question - Eastern Asset Management  
Old 05-21-2009, 10:13 PM   #4
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Eastern has just committed numerous violations of the FDCPA and FCRA.

Send them this letter by certified mail return receipt requested and by fax if you can get one.

Quote:
I write in response to your letter (phone call) dated (of) xx/xx/xx.

Please allow this to serve as notice that I am disputing your debt collection-related allegations, denying the same and demand strict proof and verification thereof. This dispute, denial, and demand are made in accordance with federal and state law.

Please limit your responses to written correspondence by US Mail or via facsimile to xxx.xxx.xxxx (if you have a fax).

Please govern yourself accordingly.


Cordially,
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