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ASSET ACCEPTANCE harrassing me!!!!

Date: Mon, 02/07/2005 - 00:24
Submitted by on Mon, 02/07/2005 - 00:24
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Anyone out there..please help me. Here's the situation:

Thursday morning I get a call from these ppl tell me I have a debt of 1400 with Bally's Total Fitness. and I said, no I don't, I was on a guest pass for 2 months. Then they told me they'd ruin my credit! I'm a full time graduate student and I pay everything on time!!!! And they're going to ruin my credit!!! Anyway, I know this was some scam to scare me. However, they scared me into settling for 750 and at the time, I thought it was better than 1500. So they confirmed my account number that they're going to steal my money from.

I did some investigation thereafter since they wouldn't let me even contact bally's to talk to them first. Bally's didn't have me on record, and I ended up calling assets again to get this info. The guy yelled at me and said I had no right to call them and they're not going to help me, etc. etc. And kept telling me that they SOLD me to them. well is that supposed to make me cry?! Finally, he gave me the account number and was REALLY rude. I call bally's and they find me in the system and they filed a dispute to this claim. They said they'd get back to me in 30 days, I don't have 30 days, assets is collecting the money 2/28.

Assets was furious that I did call ballys, called me back, left a message and said "I'm warning you, I todl you not to call bally's, if you are not going to settle for $750, the payment will be changed to $1500."

Can they do that?!

The situation w/ ballys is this: I was back home from college for 2 months. this was June 1999 (six years ago!) The sales rep did sneaky stuff and said that since I was only there for 2 months, he'd give me guest passes which = FREE use of gym. But he had to set up an account, in order to set up an account, he needed me to sign a contract which he said he would cancel after 2 months. He made up an address so that I wouldn't get the BILL and that's why I didn't get ANY notices from Assets. i did NOT consent to a 3 year agreement as indicated in Assets records.
1. Why would I agree if I was only there for 2 MONTHS?
2. Gyms will make you pay a fee up front for signing a contract and have my credit card number. But, I didn't pay anything & they didn't take my credit card number...which means...I was supposed to be going on a guest pass.

Assets refuses to send me the materials that I'm supposed to get in section 809 in the fdcpa. They said they sent it, but I never got it, b/c the sales rep made up the address!

So, do I need to call them back and tell them that I haven't decided NOT to pay and that I have a right to get my information?? I know if I say don't call me, they'll sue. Will they keep calling me everyday if I don't call them back and soothe their fears?? Plus, what's with the threats and harassment. Doesn't that violate the FDCPA??

PLEASE, ANYONE HELP. Please..


Hi Lilypoot,

Welcome to debt consolidation care forum and thank you for writing to us.

You wrote:

Quote:

So, do I need to call them back and tell them that I haven't decided NOT to pay and that I have a right to get my information?


According to the fdcpa, it is lawfully necessary for the debt collectors to provide you with a debt validation certificate. And the Company (Asset) needs to provide you with the details, Asset is a big company but it doesn't mean that you should keep quiet and be in constant fear, yes call them and inform them of your right.

Quote:
I know if I say don't call me, they'll sue. Will they keep calling me everyday if I don't call them back and soothe their fears??
Plus, what's with the threats and harrassment??? Doesn't that violate the FDCPA??


Simply tell them to stop the harassment calls as you are ready to take some action and remember that all communication should be in formal writing, keep extra copy of each and every letters and receipt, send them a Cease-Comm. letter via certified mail and keep the receipt for certified mail for proof if necessary, wait for their reply and if they still harass you in between, you may drag the company to court and let it pay for it, but make sure that you have enough evidence of their frequent harassment calls for proof.

Most of the CAs applies this means to get money. Yes it is a complete violation of the FCDPA, they have no right to harass or threaten you. To get more information on your right, contact your local FTC office for a copy of the law and also your local attorney for further advice if necessary.

Please feel free and keep posting.

All the best,
Simon


Submitted by simon on Mon, 02/07/2005 - 12:00

simon

( Posts: 307 | Credits: )


Hi Simon,

Thank you SO very much for your reply. I called AA and asked them to send me the information in rightfully deserve and they haven't called me back since. So now they're trying to avoid me! I'm not sure if I want to file a complaint about them to the California debt collectors Assoc. b/c that almost seems like I am not going to pay. I don't want to pay of course, but it feel like the odds of me winning are slim b/c it's my word against AA.

Have a wonderful day & I will be in touch. THank you again.


Submitted by on Tue, 02/08/2005 - 10:27

( Posts: 202330 | Credits: )


Hi Lilypoot,

debt consolidation care team welcomes you once again. Wait for the details from them before taking another step. Keep us informed. We'll always be happy if we could be of help to you. At least we can always give advice, thank you for writing.

Wishing you all the best,
Simon.


Submitted by simon on Tue, 02/08/2005 - 11:06

simon

( Posts: 307 | Credits: )


Hi Simon,

I got a hold of AA and I spoke with my rep. At first he was raising his voice telling me how upset he was last week that I tried to go against our settlement, etc, etc,etc. Basically to make a long story short, I spoke to him in a civil & respectful manner and asked him to fax me some type of paper work because I legally have the right to the following information according to the FSCPA section 809. And then finally,he said would fax it and that letter went out on Feb 8th "describing" my debt. However, when I asked for a copy of the contract, he said he would have to order it and THEN that would make my settlement the full price instead of what he gave me (which was 1/2 the amount). Is this shady??

I'm weighing my costs and benefits and it looks like if I get a lawyer, he can help me, but I'd be paying him instead of AA. I have "too" much money as a dirt poor student to get a pro-bono lawyer, but not enough for a normal lawyer. What are those lawyers called who don't charge you anything until they win the case?? and then take a % of what was won?
Is there anyone you can advise me to contact?

Everything AA is doing is shady, but the guy talked to me like a normal human being, not a rabid animal. I'm still waiting on the paperwork...and I have 2 weeks to decide what to do. Can I threaten to sue Ballys?? Or is it no longer in their hands? I know they CAN do something, but it's a matter of actually doing it.

I appreciate knowing that debtconsolidationcare is here...at lease someone will listen to me. Thank you.


Submitted by on Fri, 02/11/2005 - 10:20

( Posts: 202330 | Credits: )


Hi Lilypoot,

Welcome back to debtconsolidationcare forum. Since you have two more weeks to decide and need to wait for the paper work, I suggest you sign up with us and get free counseling and advice in the meantime. Don't worry we do not charge money from our members and customers. Ours is a free site and simply feels that counseling and advice would be of great help to you.

Thanks again for coming to us, continue writing as we wanted to make sure your problem gets solved.

With regards,
Simon


Submitted by simon on Fri, 02/11/2005 - 10:54

simon

( Posts: 307 | Credits: )


I found this another reply...what does this mean?

They need to prove that they own the debt now, provide you with your complete payment history starting from your original creditor and also give you the document of the original signed loan agreement between you and the original creditor. If they violate the law you can sue the collection agency for $1,000 based on their action.

I finally got some physical paperwork, but it was a settlement letter saying:you owe this amount, if not paid by 2/28, settlement is null and void. The rep said he couldn't send me my original contract i signed w/ ballys, if he did that for me, he'd have to order it and the settlement would be void and null and full payment would be expected. what the heck?

I can't fight this..I don't know. Can I take action afterwards? That's the passive way about this thing! I don't know 100% that they violated the fdcpa because they stopped calling and sent this upon my request. I don't know if it's the information I legally deserve. After this whole payment is over, he said contact him March 21st and he'll fax me a letter saying that "payment has been received in full and reported to the credit agencies." Is that right?

Can I file a complaint about them to the debt collectors Assoc & Ballys? Also, a lawyer told me that the statute of limitations on any contract in CA is FOUR years! Is that true??? If it is then how do I go about finding this in written form and sending it to AA and telling them that they can't collect my money since it's been 6 years! Is it 4 years from the date the contract went delinquent, or 4 years from the day AA bought my case? All this info and I just don't know how to incorporate it into a legal & straightforward letter.

Thanks Simon...

Kate


Submitted by on Fri, 02/11/2005 - 12:21

( Posts: 202330 | Credits: )


Hi Kate,

Welcome again to debt consolidation care forum.


Quote:

the rep said he couldn't send me my original contract i signed w/ ballys

The rep should get the original contact for you .

Quote:
After this whole payment is over, he said contact him March 21st and he'll fax me a letter saying that "payment has been received in full and reported to the credit agencies." Is that right?


You have every right to be furnished with all the payment records.


Quote:
Can I file a complaint about them to the debt collectors Assoc & Ballys?


Yes you can.

Quote:
Also, a lawyer told me that the statute of limitations on any contract in CA is FOUR years! Is that true??


Yes it is true, SOL in California is 4 years.

Quote:
All this info and I just don't know how to incorporate it into a legal & straightforward letter.


Try our do it yourself section at
http://www.debtconsolidationcare.com/diy/ it will help you.


All the best,
Simon


Submitted by simon on Mon, 02/14/2005 - 11:30

simon

( Posts: 307 | Credits: )