Collection Agencies and Creditors

asset acceptance - problems and how to solve them

Message

Author

Posted: Tue Nov 22, 2005 5:48 pm Post subject:

angelblue_34205 Asset Acceptance must have printed their address in the letter that was sent to you. Send a debt validation letter to the company so that you can view the details of your accounts. As per the fdcpa law, the company has to give you the required documentation that you have requested. You can refuse to be contacted by phone until the debt is accurately shown. If they are unable to give you any details and keep calling you or send you mail, you have the right to take legal actions against them. Samples of debt validation letter are kept in this forum. Use your federal rights and keep a thorough check on your credit file regularly. You will be able to react immediately if they try to hurt your credit.

ben

Joined: 20 Jul 2005
Posts: 2099

Debtcc Points: 41167

Posted: Wed Nov 23, 2005 5:39 am Post subject: Court Hearing

I have tried to contact them and no return calls and now i have been served court papers for this debt that i dont know what it is. I have been told what you have said and all i can do is try to call them again and see if by chance they have the wrong person. I dont know what else to do outside of going to the court hearing without an attorney which i dont think would be very wise. thank you for your advice. _________________ Register today to encash debtcc points.

angelblue_34205
Guest

Debtcc Points: 100

Posted: Wed Nov 23, 2005 5:46 am Post subject:

angelblue_34205 Hi, sorry to hear about the problems you are having in contacting the company. Do you have any proof that you have been making phone calls to them, such as a phone bill. You have a right to ask for an extention in court if you'd an attorney to be present. However, if this is not you, they need to prove otherwise. But you also need to be able to provide some proof as well. Bring with you to court, a witness if you have, proof of residency and work history for the last couple of years, and any necessary bank statements, other identifiable proof you are you. You will also need to make a police report if you haven't already. Making the police report will show that you are without a doubt, disputing the charges and they are NOT valid. The police will launch their own investigation, and the court will either allow for the extention, or rule in favor of you. Regards- Mike

Teleport
Moderator

Joined: 09 Aug 2005
Posts: 1483

Debtcc Points: 38851

Posted: Wed Nov 23, 2005 6:45 am Post subject: Thanks

Thank you so much mike for your advice. I have tried to resolve this problem the funny thing is i have never gotten a bill or anything from them at all, they bought this accont from household back in may and the only other account that i had besides my house with them im already taking care of with Global acceptance. They seem to think that they also bought taht account and now im being taken to court for something that im already taking care of. The only other thing that it could be was a computer that i financed and then gave back to the company and that couldnt be it because i dont have the computer anymore lol..I dont know i will try to call them again this am and see if i can get some answers. but thanks for the advice and i will do what you said..thank you again angelblue_34205 _________________ Register today to encash debtcc points.

angelblue_34205
Guest

Debtcc Points: 100

Posted: Wed Nov 23, 2005 10:47 am Post subject:

Hi angelblue

Quote:

They seem to think that they also bought that account and now im being taken to court for something that im already taking care of with Global acceptance.

If asked, you can prove in the court that the said account is being taken care of with Global acceptance. You must be having receipt of your payments made towards this account. On the other side, if Asset fails in producing the legal documents about this account, you have full chance to win this case.

The most important thing to consider if it is taken to the court is that you should be present there. If you fail to appear in the court, the judge will rule in Asset's favor and you will be legally forced to pay it even though it might not be your accounts.

I hope that this matter gets resolved properly.

Regards
Roxette
_________________
Debtconsolidationcare offers free counseling and help, please avail the services before taking any major decisions.

roxette
Moderator
roxette

Joined: 18 Mar 2005
Posts: 4140

Debtcc Points: 50411

Posted: Wed Nov 23, 2005 5:21 pm Post subject: court hearing

Yeah mike they finally called me and they said it was from a visa card back in 1996 and that the last payment was made feb 2001. I didnt have any credit cards back in 1996 and dont ever remember making a payment on one in feb of 2001. So i answered their court summons and said that i believe it was identity theift and that i have never had a credit card with household credit. See how that goes and yes i will be in that court hearing because i know it wasnt me. Thank you very much for all the advice.. _________________ Register today to encash debtcc points.

angelblue_34205
Guest

Debtcc Points: 100

Posted: Wed Nov 23, 2005 5:27 pm Post subject: Confused

Hi Roxette, Thanks for your reply.I did answer but im sorry i didnt read the name and thought it was mike again i apologize, I will be in that court hearing unfortantly i cant afford an attorney so i will have to do this on my own. I hope i can make it all work out. Let you all know what happens. Angelblue_34205 _________________ Register today to encash debtcc points.

angelblue_34205
Guest

Debtcc Points: 100

Posted: Wed Nov 23, 2005 6:03 pm Post subject:

Trust me, everything will be fine. All the best. _________________ Debtconsolidationcare offers free counseling and help, please avail the services before taking any major decisions.

roxette
Moderator
roxette

Joined: 18 Mar 2005
Posts: 4140

Debtcc Points: 50411

Posted: Thu Nov 24, 2005 8:17 pm Post subject: answer to court summons.

I went down and sent my answer to the court summons. I checked today and they filed it quick. I will go to the court hearing but i know that they have the wrong person. I have never reseived a bill for any of this and never received anything from asset either. But Roxette you are right everything will work out. My ex husband even said he would go to court with me lol..That one blew my mind. I will check back here and let everyone know what happens Dec 2 because that is when i have to go to court. Take care and let you know....Sandy _________________ Register today to encash debtcc points.

angelblue_34205
Guest

Debtcc Points: 100

Posted: Fri Nov 25, 2005 10:15 am Post subject:

Sandy, I prey for you and hope that you will maintain this heroic posture. You will surely pass through all these thunderbolts. Take my best wishes and do keep us posted. Regards Roxette _________________ Debtconsolidationcare offers free counseling and help, please avail the services before taking any major decisions.

roxette
Moderator
roxette

Joined: 18 Mar 2005
Posts: 4140

Debtcc Points: 50411

Posted: Fri Dec 02, 2005 7:26 am Post subject: Court Hearing this am

Well roxette, I went to my hearing and i denied it and they are setting it up for a mediation hearing and asset will bring all document to that hearing. All went well i felt. Let you know more when i go to that one..Thanks for all the advice...Sandy _________________ Register today to encash debtcc points.

angelblue_34205
Guest

Debtcc Points: 100

Posted: Fri Dec 02, 2005 11:40 am Post subject:

Sandy, Do keep us posted on this matter. I wish to know how Asset Acceptance can prove things on a person who actually does not owe this debt. Regards Roxette _________________ Debtconsolidationcare offers free counseling and help, please avail the services before taking any major decisions.

roxette
Moderator
roxette

Joined: 18 Mar 2005
Posts: 4140

Debtcc Points: 50411

Posted: Fri Dec 02, 2005 5:14 pm Post subject:

Quote:

In the beginning of June I received a letter stating asset acceptance llc would meet me dollar for dollar on my credit card debt, so my girlfriend called the company and explained to them that this sounds like a good idea. Chris Sutton the representative handling the case said I needed $100 as intent to cooperate. So my girlfriend used her bank account to pay the $100 to get me going, Chris explained that I must pay $773.80 starting next month for 3 months. July came along and I received a letter stating they would be depositing $773.80 to their account from my girlfriends account. This was not authorized by her or me. So I called them and spoke to a representative named Marva who was filling in for Chris Sutton, I explained to her that I do not have the funds at this time and that we did not autorized any automatic transactions from my girlfriends account. Marva explained that they do not take the funds directly out of the account and that the letter should have been worded better. Happy with this answer I ended the call. Two weeks later we noticed the amount of $773.80 was take from my girlfriends account by Asset Acceptance LLC without authorization. So I called on 8/1/2005 and was told by a supervisor Robert (Bob) Mills that they will not give me my money back after explaining that they took it from my girlfriends account without authorization, and that his representatives told me it would be directly taken out of her account. At this time I asked for the two recordings of the conversation he than stated their are none. So I asked how could he possibly know what was said from the representative without a recorded conversation which the representatives told me was being recorded.

So now my girlfriend is out of $773.80 of her hard earned money because of tactics used by this company. All I want is her money returned back to her account but I dont know where to begin to fight this. Asset Acceptance supervisor pretty much acted like We won you lost get over it bye!

well, i'm coming into thise topic a little late, i might be able to still give some advice here. i see a few FLAT-OUT illegal things going on in regards to this situation.

first, it is against fdcpa law for a collection agency to give out ANY personal information to any 3rd party. a girlfriend/boyfriend is considered a 3rd party. however, it is possible for a 3rd party to call in and offer to pay on someone else's debt. you might want to ask your gf if they devulged any info to her in regards to your debt.

second, all collection agencies must make it clear if they are post-dating future payments. as per fdcpa law, agencies must mail out letter before the payments are to be made, just as reminders. sounds like your gf did receive one of those letters and the rep who simply said it was 'worded wrong' was wrong herself!!

third, not all conversations are recorded. however, in certain states the ca's MUST state if the conversation is being recorded, or COULD BE recorded. that disclaimer MUST BE given in the start of the conversation. also, ca's are not required to play back recorded conversations or send them to the debtors.

while i'm not sure if anything can be done to get the money back from them, it sounds like the ca violated fdcpa laws and they should be reported to the ftc.
_________________
Register today to encash debtcc points.

Guest

Debtcc Points: 100

Posted: Fri Dec 16, 2005 2:40 pm Post subject: Mediation hearing

Roxette, Well i got the date for the mediation hearing finally and i will surly keep you informed on what happens. Then i got a bill from the and this is the first bill i have ever got from them ever. Isnt that just funny. I know that this isnt me and i have gotten some legal advice on this also. They are using the pay off date as date of last payment and they really cant do that and the statue of limitation on these things are 5 years and it has been well over that. So really they cant even be taking me to court but they are and im sure im going to win this thing hands down. I will be going to this in january on the 12th and i will come in a post when it is all done so that you will know what happens. Thanks again for all your support thru all of this. Its nice to know that there is some people out there you can talk to about these kinds of things. Thank you again.. Sandy _________________ Register today to encash debtcc points.

Angelblue_34205
Guest

Debtcc Points: 100

Posted: Fri Dec 16, 2005 3:54 pm Post subject:

Thanks Angelblue Expiry of SOL does not restrict the collection agency or lender from filing a case against the consumer. In fact, they have the legal rights to do so. But as a consumer, you need to be aware of the fact that the SOL has expired on this account and as a result, you can't be sued and won't have to pay this debt. SOL is a very important factor and more important than this is to present yourself in the court with your defense. Always dispute whenever you are served with any papers. If you do not dispute, the collector will hold a stronger place proving that you have a legitimate debt and you are trying to escape it. This is serious and if it happens, you can be legally forced to pay off the total amount. At this situation, nothing much can happen to your favor. With all my best wishes, I pray for your case to be a successful one. You will be definitely overcoming this problem with a smile in your face. I will be waiting to hear from you in Jan. (Keep copies of each and every document in a file) Thanks Roxette _________________ Debtconsolidationcare offers free counseling and help, please avail the services before taking any major decisions.

roxette
Moderator
roxette

Joined: 18 Mar 2005
Posts: 4140

Debtcc Points: 50411

Posted: Thu Jan 05, 2006 5:45 pm Post subject: Can Asset Acceptance place duplicate entrys of my cr?

I have an original creditor with Providian for the amount of 2,000. Last doa was 12/2000. Asset Accept.bought the account and both Providian and Asset are showing entrys on my cr. The only difference is that Providian shows 2,000 owed and Asset is showing 4,391.00 owed (for the same acct.) and keeps going up every month. Can they do this? I went through a bad divorce and I am trying to finally clean up what I can. It just looks twice as bad with 2 entrys on my acct. Asset is actually reporting it as OPEN. I have tried to dispute it but the ca sent me back info. saying Asset confirmed the account. I called Asset and the rep. basically asked me if I was a prostitute and had slept with an attorney when I mentioned unfair practice,etc.. Is all this legal? _________________ Register today to encash debtcc points.