Asset Acceptance Complaints - Know more about them

The debt collector only has to make a claim that you a debt and that effectivaly shifts the burden of proof unto the defendant. "A suit on account only requires proof of the existence of the account and thus throws the burden of pursuing a particular objection on the defendant, substantially reducing the plaintiffs burden of making the case"
From "handling the collection case in mich, a creditors guide" by debt attorney steve harms. MCL 600.2145 is the "ruling" they use to jab you. These parasites have a cozy little "no lose" scam running
with their co-plaintiff, the judge.

Hello,
I too have had this problem with Bally's however mine was a bit different. You see my grandmother bought me a membership to 24hour fitness for one year. At this time I was using thier facility. When I found out about the bally total fitness contract, I was in europe. I told them I never had an account with them and that at the time the account was purchased, my identification had been stolen. They then wanted me to prove that. I told them that I wanted proof of the contract that I had supposedl signed and that I would not pay anything until they could prove to me that I did sign up for it. I still have not recieved this contract and am at the point where I believe there was no such thing. I will tell you that they are now currently trying to collect from me again, however this is in regards to an acount I did hold with First National Bank Of Marin. This was a start up visa card that I got when I was 18. Now I am 25 and I am still getting calls from them. These people are vampires and I believe they are out for blood. They told me that if i do not reply to them by noon today that they were going to notify my base commander about all of this and that I would have to deal with them sooner or later. They are trying to take me for 480 dollars because they say I never paid them. I had a card with a 250 dollar limit. I had paid it off so I could by plane tickets. It was ten days since they recieved my payment and they held the money because the said they could. I was furious and told them to cancel my account and tell me what I have left so I may pay it. I sent the money and never heard from them again until now. What do I do?

Dlmcdermott, do you have any paper proof about your payment made? Also, you should check your latest credit report to confirm the latest standing of the account.

http://cleveland.bbb.org/reports/new...12000008001325

I contacted the old bank that I had when I had this account and they are currently looking for this statement which would prove that I paid them. However, they are taking thier time. When I told Asset Acceptance, they told me they would not wait for it and that thay "would have to make decisions on my behalf they may not be in my best interest." I was furious when they told me this. I didnt know what to do. When they put me on the phone with the supervisor, I told her I didnt appreciate the tone in whic I was being talked to, she told me that there was an outstanding balance and that I would have to pay it in order to get them to stop. I told her that I paid it and didnt want to pay for something twice. She said that if I was not going to pay what they asked me right then, then to "enjoy the calls". Who are these people???????

Dlmcdermott,

The representatives in Asset Acceptance are really involved in repeatedly harassing the consumers. Did you get any receipt of your payment made earlier? I think that is a vital proof and you can show it to your bank.

If Asset is asking to pay on something, then they have to prove it legally. Please send them a letter explaining the situation and that you will take legal actions against them. Also state in your letter that you refuse any further communication on phone and will correspond through mail only.

In the meantime you can pull your latest credit report also for a check and see the latest standing of the said account.

what exactly is debt proof? How can you declare it?

Hi IM

Welcome to the forums.

Debt proof or legally known as debt validation is a weapon as per the Fair Debt Collection Practices Act enables you to get accurate information relating to your debt when it is passed on from your creditors.

Using the debt validation method, the debt collectors are forced by law to present the accurate picture of your debt. They need to show the amount of the total debt with proper interest calculations. They also need to prove that the said debt is with the SOL period and they are licences to collect it in your state. The collection agency also needs to provide a copy of the agreement letter that the creditors have passed the debt to the collection agency and hence they are allowed to collect the debt from the consumer.

for more information on debt validation, please have a look at the link given below:

http://www.debtconsolidationcare.com/validation.html

If a collection agency is forcing you to pay a certain debt, you can write a letter of debt validation requesting for the complete information. Sample of debt validation letters are kept in this forum. You can collect it and send it to your debt collectors.

Regards
Roxette

My SOL on my Bally's contract will expire in Dec. of 2007. Will they sue me before that?

Hi Sophie

Welcome to the forums.

In which state has the debt taken place? Did you ask for the validation details from Asset Acceptance? I stress that you get all the necessary information from Asset in writing before you start paying them.

• The details of the account.
  
• All the calculation should be shown of the amount that is owed.
  
• Any copies of the papers to be furnished that shows the payment agreement.
  
• Provide a verification or copy of any judgment if applicable
  
• The original creditor needs to be identified.
  
• The Statute of Limitation needs to be proven for the collection of the debt.
  
• The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent
  
• Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
  
• Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.
  
• A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.

Asset Acceptance has to provide all the necessary details in writing before they can take legal actions against you. You should send your letter through certified mail with return receipt requested so that you have a valid proof of your efforts made. Also, record the CMRRR serial number so that you have the date of the letter being received.

Regards
Roxette

I went to Bally and they said just sign and we will take you thrue the gym.6/02 The next day I droped off a letter to cancel. I was 19. now I'm in court.9/06 $2,000. plus court cost. I never when 1 time to this gym. I went to medation and now there calling me at and work my family wanting $1,100. I'm 22. can any one help me with more information to fight this. please

Hi Jessica

Welcome to the forums.

Have you asked Asset to validate the debt? I doubt if they will be able to give you the necessary details of your account. If they are unable to produce, they just can't take legal actions against you.

So, the crux of the matter is that they need to validate the debt before they can sue you. Be rest assured that they are trying to take money from you in illegal terms if they can't prove the said debt. If they can prove it, you are willing to pay it. Isn't it? But, they need to prove it first. Send a letter through certified mail with return receipt request so that you are able to track your information.

http://www.debtconsolidationcare.com/validation.html

As per the fdcpa law, you can refuse to pay the said debt if it has not been proven. You can also consult your attorney for this purpose.

Regards
Roxette

Thx for the advice Roxette. I sent the letter to AA. I spoke with a rep. there today and he said he wouldn't be able to provide me with proof that AA is assigned to collect the debt by Bally's and the license of AA applicable in NY along with the license numbers and Registered Agent. So, what should I do at this point?

Sounds to me like he basically told you they woudl be unable to validate the debt. Send them a letter asking them to validate the debt. IF they are unable to do so, they cnnot report anyything negative against your credit reports, and must remove any negative reports already made, and cease further collection activities. Make sure and send it Certified mail, return receipt requested. If after thrity days they haven't validated the debt, pull your Credit Report and if there are negative reports , dispute them with the credit burea, you will need to supply them withthe documentation that they were unable to validate the debt. Additionally, if they persue collection activies, filea lawsuit against them for violation of fdcpa and FCRA for the maximum penalty allowed by law.

Hi Sophie

As Clay has said, the collection agency has to provide you the complete information about your debt as per the fdcpa law. If they are unable to validate it and still continue to pursue collection activity, you can take legal actions against them under the Consumer protection afforded by the FDCPA Section 809 (b), and sue them up to $1000.

If the collection agency is unwilling to give you the necessary information about your debt, it clearly means that they are not authorized to collect the debt from. You have the right to take legal actions against them. Your credit report should in no circumstances be hit by collection agencies without genuine reasons.

Regards
Roxette

Quick question:
AA did not have a correct address for me until they called me on the phone. So, I wasn't able to reply to thier letter (which they said was sent back to them) w/i 30 days. Since my debt validation letter was sent after 30 days, am I out of luck?