Another Asset Acceptance Story
Date: Wed, 07/19/2006 - 06:54
Upon reaching their office, I confirmed my name and address. Mistake #2. I was put on hold for some time. I normally win't sit on hold for long but, as I was at work, I put the phone on speaker and continued working. Something wasn't sitting right, so I resolved to not give any further info until I figured out what was going on. Then the call dropped.
I called back. Now I was sure something wasn't right, but I needed to find out what why I was being contacted. If this was an honset mistake, I wanted it resolved. This time I was put through to Greg McPherson, who told me "I just called you and left a message." Hmmmm... Sure enough, while I'd been on hold, he had called my work number, which I had not given anyone. As I talked to Greg he told me he was trying to collect an outstanding balance. I told him I didn't know anything about it. I've never left a bill unpaid. He was polite. Said he showed payments up until Feb. '95 and that if someone were committing fraud, they probably wouldn't have made payments. I told him I still didn't know what this was. He said he would send a validation letter.
I got a letter about a week later with barely any more info than the first. The box where my SS# should be is blank. I started thinking the creditor's name was similar to an old credit card I'd had once where I transerred the balance. Again, I've never left a debt unpaid. However, I wasn't about to volunteer that info. I'm not even certain that's what it is.
Now here's where this rather long post gets fun. This morning my home phone rang. I don't have caller ID and about the only people who call it are solicitors. However, I was expecting a call from the East Coast this morning. So, when someone asked "Is this Mark?", half-asleep I said "Yes". It was Greg McPherson. He asked if I got the letter. I said I had and I still didn't know what it was about. He said it was for a debt I owed. I said I wasn't sure that was the case but we could discuss it via mail. At this point he got agitated and we were talking over each other. He said he would put together documents to send me and kept asking if I was refusing to pay. I told him again "I don't even know what this is and I'll mail you a response, I didn't authorize you to call my work or my home." He said "I'm going to keep calling! You owe this money!" That's when I hung up on him.
Fun, huh? I'm going to copy one of the fine letters I've seen here and see what happens. I know I don't owe this money to anyone. Mr. McPherson is already aware the debt is from '95, so even if it is something I was connected with, he should know that the debt is past the SOL. I would have been in Florida at that time and now reside in California.
Thanks for reading!
Mark
An update to my previous post: Since I had an inkling that th
An update to my previous post:
Since I had an inkling that this debt, assuming it is actually based on something I owed once, might have been from when I transferred a balance back in '95, I called the credit card company I transferred the balance to. They gave me the date, in '95, that I opened the account, but can't access whether I opened it with a transfer or from who. But I put in a request for that info.
It seems like I'm doing more legwork than I should have to, considering the SOL on this thing, but I don't want tofall into a trap simply because I didn't do my homework. It's bad enough that AA has been able to get away with this much.
Any feedback or advice would be appreciated.
Mark
If this is not a student loan, you are safe to exercise the SOL
If this is not a student loan, you are safe to exercise the SOL laws depending upon the date of last payment done towards the account. Make sure that AA is not collecting for your student loans, because the SOL on those debts never expires. In any case, Asset Acceptance is required to validate the complete account in writing. It must have the information about your creditors along with the payments done in the past. It must also put the principal amount and the interest calculations properly so that they prove out their legitimate collections. If they say that the debt has been already validated with that little piece of information, you have the legal rights to dispute it. Send a dispute letter requested for the other information you feel it must have been given to you. Once everything has been put in paper, ensure that the date of last payment is not within the SOL timeframe before you notify them in writing. Have you read the other discussions on Asset Acceptance in this forum? They are largely famous for their illegal collections. You never know what they are trying this time so you need to cover your basis in the legal way.
http://www.debtconsolidationcare.com/forums/about2251.html
http://www.debtconsolidationcare.com/forums/about3349.html
http://www.debtconsolidationcare.com/forums/debt-statutes.html
It's definitely not my Student Loan. The only reason I made that
It's definitely not my Student Loan. The only reason I made that connection originally was because the balance was much larger that anything I ever owed on a credit card, and the closest amount I could come up with was the SL. I'm currently paying on an SL. I have some credit card debt, as well. I almost always pay more than the minimum. I've never left a bill unpaid, so that means one of two things has happened: AA is trying to collect on a balance that was transferred, or the debt has been completely fabricated.
I've got the cassette recorder by the phone... I wonder if they'll call today.
Thanks for your response and the links. Keep 'em coming!
Mark