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 Posted: Thu May 26, 2005 8:18 pm Subject: Asset Acceptance LLC/Bally's |
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Hi,
Does anyone know if Asset Acceptance LLC has the right to pursue collections from someone who lives outside the U.S?? I'm Canadian and I've received a credit letter from this company regarding money I supposedly owe for a gym membership I had in 1998 with Bally Total Fitness in Canada. Unless I've suffered from a case of amnesia for the past 7 years, I never signed a contract. The truth of the matter is, I did use the gym facilities, but paid cash on a month-to-month basis - NO contract was ever signed!!! I contacted both the collection agency and Bally's and neither have been able to produce this alleged gym contract from 1998.
I'm completely frustrated over this entire situation...can Asset Acceptance, a US based company, really ruin my credit in Canada???
Thanks...
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Angry Woman
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| Posted: Fri May 27, 2005 1:59 pm Subject: |
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Hi Angry Woman
Welcome to the forums.
| Quote: | | Does anyone know if Asset Acceptance LLC has the right to pursue collections from someone who lives outside the U.S?? |
It is possible that a debt can be collected by a company outside the country because some debt collection agencies have wide network which is willing and able to collect debts in other countries. They have made the arrangements with other agencies or because they have branches operating in those countries.
| Quote: | | The truth of the matter is, I did use the gym facilities, but paid cash on a month-to-month basis - NO contract was ever signed!!! I contacted both the collection agency and Bally's and neither have been able to produce this alleged gym contract from 1998. |
As you are sure that you have paid cash on a month-to-month basis and that no contract was ever signed, please ask the collectors to validate this debt. It is your legal right to dispute the validity of the debt. Please be assured that this burden of proof is on the collector's part and not on your part. So, it is your legal right to request that the bill collector provides adequate proof of the particular debt.
Please go through this debt validation letter posted by our moderator Jerry for your convenience.
| Quote: |
Collection Agency Name
Address
CITY/Town, STATE ZIPCODE
Re: Acct Ref. # XXXXX and XXXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice a couple entries by your company on my credit reports. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What do I need you to provide as the debt validation.
- What the money you say I owe is for;
- 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;
- 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
- Provide me with your license numbers and Registered Agent
- Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
- Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
- Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent
I will not hesitate in bringing legal action against you for the following:
- Violation of the Fair Credit Reporting Act
- Violation of the Fair Debt Collection Practices Act
- Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission
Best Regards,
(Your Name Here.)
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Please let us know if there is anything that we can assist further. It will be a pleasure.
Regards
Roxette
Truth always wins
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roxette
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| Posted: Tue May 31, 2005 12:39 pm Subject: Asset Acceptance LLC/Bally's Health Spa |
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Don't feel bad. They were trying to collect from me for a Bally's membership I had in 1992 (I also didn't owe Bally's any money). According to the FCRA, the statute of limitations is 7 years, but these people don't seem to care about abiding by the law. Be careful. They might enter this on your credit report. Asset Acceptance is a scam company. There are many complaints about them.
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larbabe
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| Posted: Tue May 31, 2005 2:41 pm Subject: |
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Hi larbabe
Welcome back again. I have placed your link of other post so as to create general awareness among the community.
http://www.debtconsolidationcare.com/forums/about305.html
Please keep visiting the forums for your posting and suggestion. It is a pleasure to have you on the board.
Regards
Roxette
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roxette
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Posts: 4175
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| Posted: Wed Jun 01, 2005 11:41 pm Subject: ASset acceptance LLC |
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| roxette wrote: | Hi Angry Woman
Welcome to the forums.
| Quote: | | Does anyone know if Asset Acceptance LLC has the right to pursue collections from someone who lives outside the U.S?? |
It is possible that a debt can be collected by a company outside the country because some debt collection agencies have wide network which is willing and able to collect debts in other countries. They have made the arrangements with other agencies or because they have branches operating in those countries.
| Quote: | | The truth of the matter is, I did use the gym facilities, but paid cash on a month-to-month basis - NO contract was ever signed!!! I contacted both the collection agency and Bally's and neither have been able to produce this alleged gym contract from 1998. |
As you are sure that you have paid cash on a month-to-month basis and that no contract was ever signed, please ask the collectors to validate this debt. It is your legal right to dispute the validity of the debt. Please be assured that this burden of proof is on the collector's part and not on your part. So, it is your legal right to request that the bill collector provides adequate proof of the particular debt.
Please go through this debt validation letter posted by our moderator Jerry for your convenience.
| Quote: |
Collection Agency Name
Address
CITY/Town, STATE ZIPCODE
Re: Acct Ref. # XXXXX and XXXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice a couple entries by your company on my credit reports. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What do I need you to provide as the debt validation.
- What the money you say I owe is for;
- 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;
- 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
- Provide me with your license numbers and Registered Agent
- Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
- Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
- Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent
I will not hesitate in bringing legal action against you for the following:
- Violation of the Fair Credit Reporting Act
- Violation of the Fair Debt Collection Practices Act
- Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission
Best Regards,
(Your Name Here.)
|
Please let us know if there is anything that we can assist further. It will be a pleasure.
Regards
Roxette
Truth always wins |
I am also dealing with Asset Acceptance LLC. They have ignored my request to verify a debt with a lender and account number(revolving credit account)that I never had. The Revolving credit account they say that I owe money to is my mortgage company. This matter has exceeded the statue of limitations. Now, after this matter expired, they pulled my credit report(CR) which is supposedily illegal.
Now they are trying to collect on a debt listed on my CR. Another matter that is beyond the statue of limitations. I just had a nice Phone call today. They will not provide any documents that they have rights to collect any debts. He informed me today that he was going to search for assets unless I make a payment. These guys are shake down artists. Im sure that there are consumers out there that dont know their rights and are sending them money. My problem is that I want to send them something by registered mail but all they list is a PO box. How can I send them something if there is no one there to sign for it? I want them to verify the debt.
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Angry guy
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| Posted: Thu Jun 02, 2005 2:49 pm Subject: |
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Hi Angry guy
Welcome to the forums. Taking the first step please put your debt collection accounts in "Disputed Status" as they are trying to collect a debt which you think is invalid, inaccurate or doesn't belong to you. It is mandatory on your part.
Please use your right as per the FDCPA by issuing a notice to them to stop the illegal harassment and abuse.
Please keep in track of all the methods of correspondence used by the debt collection agency along with your dispute letter. Please tape record all the modes of communication and inform them of your action.
Please use the following precautionary measure to deal with the collection agents who use unfair and illegal collection techniques.
- Please use your legal rights and do not get intimidated.
- Please make sure that every sort of communication is in written form so that there is a valid proof.
- Report all the harassments and abusive treatment used by the collection agents to the CCCS office.
- Please do not get bullied.
- If you get puzzled over anything while interacting with them, request for a call back in an hour so that you can gather some thoughts.
You can remain protected and keep your sanity only when you understand your rights under the Fair Debt Collection Practices Act.
| Quote: | | My problem is that I want to send them something by registered mail but all they list is a PO box. How can I send them something if there is no one there to sign for it? |
Please contact them at:
Asset Acceptance Corp
PO Box 2037
Warren, MI 48090
Tel: 586-939-9600
Fax: 586-446-7837
(877) 768-9844
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roxette
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| Posted: Mon Jun 06, 2005 8:56 am Subject: Asset Acceptance LLC/Bally's Health Spa |
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Angry Woman and Angry guy: Here's the web address of the Better Business Bureau which handles complaints for Warren MI.
I have filed a complaint with them and I would advise both of you to do the same. Acceptance is a member in good standing of BBB, and thus far has had no complaints against them. Also, I would advise lodging complaints with the FTC and (in angry guy's case) the Attorney General. I have done some research on Asset Acceptance and Arrow Financial Services, both of which have made inquiries on my TransUnion credit report under false pretenses T.U. doesn't seem to care). I have had to file a statement regarding these fallacious entries on my TransUnion CR.
Both of these companies have reputations as being among the worst of the collection agencies. They purchase old and sometimes (as in my case) non-existent collection accounts for pennies on the dollar. They will hound individuals (as they originally did me), until many pay them off just to get rid of them (I didn't). One debt consolidator refers to them in terms of "Organized Crime". 
Good luck!
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larbabe
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| Posted: Mon Jun 06, 2005 1:28 pm Subject: |
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Hi larbabe
Welcome back. Please check about this entry with Equifax and Experian also before you make your move. If this entry is not in those reports, you should dispute it with Transunion. They will provide you the updated credit report after they find your dispute to be valid.
We will be waiting to hear from you about this update.
Regards
Roxette
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roxette
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| Posted: Tue Jun 07, 2005 10:22 pm Subject: I have contact information |
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AACC is a publicly traded company on NASDAQ as AACC, and I found the following information.
Asset Acceptance Capital Corp
28405 Van Dyke Avenue
Warren, MI 48093
Phone: 586-939-9600
Victor Miller
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Helping Hand
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| Posted: Wed Jun 08, 2005 8:55 am Subject: Asset Acceptance LLC |
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| roxette wrote: | Hi larbabe
Welcome back. Please check about this entry with Equifax and Experian also before you make your move. If this entry is not in those reports, you should dispute it with Transunion. They will provide you the updated credit report after they find your dispute to be valid.
We will be waiting to hear from you about this update.
Regards
Roxette |
Hi Roxette:
The only entries are on my TransUnion CR. I have disputed this with them and they have responded that these entries are "permissable" and that I need to take my dispute directly to the collection agencies in question (which I've done). IMO this really makes a mockery of the whole process, since I have presented clear evidence that Asset Acceptance and Arrow Financial are both in violation of the FCRA and California statutes.
Incidentally, I have received a response from Arrow Financial via the Better Business Bureau. They state that they will contact me directly. I can hardly wait.  I just wanted to say Thank You to all of you who consistently help me in my credit matters
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larbabe
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| Posted: Wed Jun 08, 2005 4:23 pm Subject: |
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Hi larbabe
Welcome back. I have gathered from your post that the invalid entry of Asset Acceptance and Arrow Financial is only in your TransUnion credit report and not in the other two credit reports. You have also contacted the TransUnion and they have further asked you to contact the mentioned collection agency.
If your other two credit reports are not highlighting the wrong entries, then it means that TransUnion need to fix these errors. The collection agency will only come in question if all the three credit report highlights the same entry.
Please handle your approach more strongly with the photocopies of the other two credit reports and file a dispute with TransUnion completing the "request for reinvestigation" form along with return receipt requested. It is purely the mistake of the TransUnion and they will have to notify you about the verification process being done. It is they who will contact the collection agency in question and verify the entry. They will inform you within 30 days about your updated credit report.
If you don't hear from them within 30 days, please send one follow-up letter. Additionally, if you tell them that you are looking for a mortgage or a car loan, they can do investigation at rush.
After finding your entry to be correct, they must remove the negative entry from your credit report.
If you still don't hear anything from them, please contact them at 800-888-4213 (Trans Union) to discuss the problem individually.
Please be informed that you have the right to put a 100 word statement in your credit report. The credit bureau will have to furnish this information whoever asks for your report. While writing your 100 word statement, please be very clear, concise and use the fewest words possible.
I really feel that you must have worked very hard doing this. If you don't reach anywhere still by this point, finally contact the FTC regarding this matter.
Federal Trade Commission: Consumer Response Center - FCRA
Washington, DC 20580 1-877-382-4357
Please inform us the latest of your action.
Regards
Roxette
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roxette
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| Posted: Thu Jun 09, 2005 10:23 am Subject: |
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Roxette:
I just got off the telephone with TransUnion. They informed me that they treat inquiries differently than credit information. In order to have these two entries removed, they must receive "authorizations" from Asset Acceptance and Arrow Financial, plus an authorization from me to remove them. Supposedly, it falls on my shoulders to have this done. Of course, I've written both of these companies without response. I've also filed complaints with the FTC. But the FTC contends it is not their function to prosecute violators of the FCRA.
According to the FTC: "The FCRA provides that any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined, imprisoned for not more than 2 years, or both. Authority to bring criminal action for violation resides solely in the U.S. Department of Justice, not the Federal Trade Commission."
I told TransUnion that these inquiries could not possibly fall under "permissable" catagory and that the entries were only on their CR, not on Equifax and Experian. It didn't seem to hold any water. I also told them how frustrating this whole process was. I recently filed a statement about this which is included on my TR CR. They sent me out a copy of my new CR yesterday (I haven't received it yet). I informed them I am currently buying a new home and this is dragging my credit score down. They apologized, but essentially said there was nothing more they can do. 
My only recourse is a lawsuit. According to the FCRA, I could seek damages up to $1,000 for willful noncompliance (Section 616) and willful noncompliance (Section 617). I consulted with an attorney friend who told me it wouldn't be worth the effort. He said these kind of inquires only drag down my credit score by a couple of points. Is that correct? Other than these two entries, my CR is clean as a whistle (It's been a lot of work). Am I getting all worked up about nothing? 
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| Posted: Thu Jun 09, 2005 1:47 pm Subject: TransUnion |
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Oops: I forgot to enter my Username and Subject. 
| Anonymous wrote: | Roxette:
I just got off the telephone with TransUnion. They informed me that they treat inquiries differently than credit information. In order to have these two entries removed, they must receive "authorizations" from Asset Acceptance and Arrow Financial, plus an authorization from me to remove them. Supposedly, it falls on my shoulders to have this done. Of course, I've written both of these companies without response. I've also filed complaints with the FTC. But the FTC contends it is not their function to prosecute violators of the FCRA.
According to the FTC: "The FCRA provides that any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined, imprisoned for not more than 2 years, or both. Authority to bring criminal action for violation resides solely in the U.S. Department of Justice, not the Federal Trade Commission."
I told TransUnion that these inquiries could not possibly fall under "permissable" catagory and that the entries were only on their CR, not on Equifax and Experian. It didn't seem to hold any water. I also told them how frustrating this whole process was. I recently filed a statement about this which is included on my TR CR. They sent me out a copy of my new CR yesterday (I haven't received it yet). I informed them I am currently buying a new home and this is dragging my credit score down. They apologized, but essentially said there was nothing more they can do.
My only recourse is a lawsuit. According to the FCRA, I could seek damages up to $1,000 for willful noncompliance (Section 616) and willful noncompliance (Section 617). I consulted with an attorney friend who told me it wouldn't be worth the effort. He said these kind of inquires only drag down my credit score by a couple of points. Is that correct? Other than these two entries, my CR is clean as a whistle (It's been a lot of work). Am I getting all worked up about nothing? |
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larbabe
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| Posted: Thu Jun 09, 2005 2:28 pm Subject: |
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Hi larbabe 
Good to hear back from you. If filing a lawsuit can get these two negative entries removed from your credit report, then I will suggest you to deal with it legally.
Since you are looking for a new home, these negative entries might have a bad impact on your credit report.
We will appreciate getting you in touch with us soon.
Regards
Roxette
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roxette
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| Posted: Wed Jun 15, 2005 5:32 pm Subject: Re: Asset Acceptance LLC/Bally's |
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For those folks in OH. Let's unite and try to get a class suit against them. Let's complain with the Attorney general in Ohio. Unite against asset acceptance/ballys. Let's see what can we do together.
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Mrs. Robinson
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