Asset Acceptance LLC complaints: How to deal with the CA
In the beginning of June I received an Asset Acceptance collections letter stating they 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 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!
Help me!
DISMISSED WITH PREUJUDICE
I know that "dismissed with prejudice" means that the Plaintiff can not bring that suit again. However, is that Plaintiff then allowed to sell the debt that was dismissed with prejudice to another company who can then continue to try to collect on it?
Thanks
Third party rights are limited
Quote:
LECTURE NOTES Chapter 15. Third-Party Rights and Discharge Chapter Objectives Describe assignment of contracts and what contract rights are assignable. Define anti-assignment and approval clauses and determine their lawfulness. Describe a delegation of duties and explain the liability of the parties to a delegation. Define an intended beneficiary and describe this or her rights under a contract. Define an incidental beneficiary. Define a covenant. Distinguish among conditions precedent, conditions subsequent, and concurrent conditions. Explain when the performance of a contract is excused because of objective impossibility. Define and apply the doctrine of commercial impracticability. Explain how contracts are discharged by operation of law. Assignment of contracts Often parties can and do assign their rights under a contract to other parties. The actual transfer of contractual rights is called assignment. An assignor is the obligee who transfers the right; the assignee is the party to whom the right has been transferred. What rights can and cannot be assigned? Type of right Assignment Personal service contracts Generally cannot be assigned Future rights Do not currently exist; cannot be assigned Contracts where assignment would materially alter the risk Cannot be assigned Legal actions involving personal rights Cannot be assigned Legal actions involving breach of contract Can be assigned To protect his or her rights, an assignee should immediately notify the obligor that the assignment has been made and that performance must be rendered to the assignee. Anti-assignment and approval clauses * Anti-assignment clauses prohibit the assignment of rights under the contract. * Approval clauses permit the assignment of a contract only upon receipt of an obligor's approval. Delegation of duties Unless otherwise agreed, the parties to a contract generally can transfer the performance of their duties to other parties. Personal service contracts calling for the exercise of personal skills, discretion, or expertise and contracts whose performance would materially vary if the obligor's duties were delegated cannot be delegated. Anti-delegation clauses can be included and are generally enforced. Intended beneficiaries Third parties who are not in privity of contract but who have rights under the contract and can enforce the contract against the obligor are called intended third-party beneficiaries. Intended beneficiaries include: * Donee beneficiaries????????a third party to whom a benefit or gift is intended. * Creditor beneficiaries????????an original creditor who becomes a beneficiary under the debtor's new contract. Incidental beneficiaries An incidental beneficiary is a party who is unintentionally benefited by other people's contracts. He or she has no rights to enforce or sue under such contracts. Covenants A covenant is an unconditional promise to perform. Conditions precedent, conditions subsequent, and concurrent conditions Conditional or qualified promises are not as definite as covenants. There are four types of conditions: * Conditions precedent require the occurrence or non occurrence of an event before a party is obligated to perform a duty under a contract. If the event does not occur, no duty to perform arises. * Conditions subsequent, if they occur or do not occur, automatically excuse the performance of an existing contractual duty to perform. * Concurrent conditions arise when the parties to a contract must render performance simultaneously. * Implied conditions are implied from the circumstances surrounding the contract and the parties conduct. Objective impossibility of performance By mutual agreement, parties can decide to discharge their contractual duties. Sometimes contracts are discharged because of impossibility of performance. The following types of objective impossibility excuse nonperformance: * The death or incapacity of a promisor prior to the performance of a personal service contract. * The destruction of the subject matter of a contract prior to performance. * A supervening illegality that makes performance of a contract illegal. Commercial impracticability Nonperformance of a contract is excused if an extreme or unexpected development or expense makes it impractical for the promisor to perform. Discharge of contracts by operation of law Contracts can be discharged by operation of law under some circumstances. * A statute of limitations can run and make it impossible to enforce a contract. * A debtor in bankruptcy may receive a discharge of his or her unpaid debts. * If a contract is materially altered, the innocent party may opt to discharge the contract. Terms * accord and satisfaction????????The settlement of a contract dispute. The accord is the agreement whereby parties agree to settle a contract dispute by accepting something different than provided in the original contract. Satisfaction is the performance of an accord. * anti????????assignment clause????????A clause that prohibits the assignment of rights under the contract. * anti????????assignment clause????????A clause that prohibits the assignment of rights under the contract. * approval clause????????A clause that permits the assignment of the contract only upon receipt of an obligor's approval. * assignee????????The party to whom the right has been transferred. * assignment and delegation????????Transfer of both rights and duties under the contract. * assignment????????The transfer of contractual rights by the obligee to another party. * assignor????????The party who transfers the right. * assumption of duties????????When a delegation of duties contains the term assumption or I assume the duties or other similar language; the delegatee is legally liable to the obligee for nonperformance. * commercial impracticability????????Nonperformance that is excused if an extreme or unexpected development or expense makes it impractical for the promisor to perform. * concurrent condition????????A condition that exists when the parties to a contract must render performance simultaneously; each party's absolute duty to perform is conditioned on the other party's absolute duty to perform. * Condition precedent based on satisfaction????????Clause in a contract that reserves the right to a party to pay for the item or services contracted for only if they meet his or her satisfaction. * condition precedent????????A condition that requires the occurrence of an event before a party is obligated to perform a duty under a contract. * condition subsequent????????A condition, if it occurs, that automatically excuses the performance of an existing contractual duty to perform. * conditional promise????????A qualified promise that becomes a covenant if it is met. There are three types of conditions: conditions precedent, conditions subsequent, and concurrent conditions. * covenant????????An unconditional promise to perform. * creditor beneficiary contract????????A contract that arises in the following situation: (1) a debtor borrows money, (2) the debtor signs an agreement to pay back the money plus interest, (3) the debtor sells the item to a third party before the loan is paid off, and (4) the third party promises the debtor that he or she will pay the remainder of the loan to the creditor. * creditor beneficiary????????Original creditor who becomes a beneficiary under the debtor's new contract with another party. * declaration of duties????????If the delegatee has not assumed the duties under a contract; the delegatee is not legally liable to the obligee for nonperformance. * delegatee????????The party to whom the duty has been transferred. * delegation of duties????????A transfer of contractual duties by the obligor to another party for performance. * delegator????????The obligor who transferred his or her duty. * donee beneficiary contract????????A contract entered into with the intent to confer a benefit or gift on an intended third party. * donee beneficiary????????The third party on whom the benefit is to be conferred. * frustration of purpose????????A doctrine which excuses the performance of contractual obligations if (1) the object or benefit of a contract is made worthless to a promisor, (2) both parties knew what the purpose was, and (3) the act that frustrated the purpose was unforeseeable. * implied-in-fact condition????????A condition that can be implied from the circumstances surrounding a contract and the parties' conduct. * impossibility of performance????????Nonperformance that is excused if the contract becomes impossible to perform; must be objective impossibility, not subjective. * incidental beneficiary????????A party who is unintentionally benefited by other people's contract. * intended beneficiary????????A third party who is not in privity of contract but who has rights under the contract and can enforce the contract against the obligor. * novation????????An agreement that substitutes a new party for one of the original contracting parties and relieves the exiting party of liability on the contract. * personal satisfaction test????????Subjective test that applies to contracts involving personal taste and comfort. * privity of contract????????The state of two specified parties being in a contract. * reasonable person test????????Objective test that applies to commercial contracts and contracts involving mechanical fitness. * statute of limitations????????Statute that establishes the time period during which a lawsuit must be brought; if the lawsuit is not brought within this period, the injured party loses the right to sue. Research incidental beneficiary on google |
debt validation letter
Hi. I got a summons from Asset. I sent a debt validation letter. I sent it so i would recieve a return reciept when they got it. They recieved it on 5/12. There is no set court date when I checked (5/29). The 30 day limit on the summons is up June 7th. I have not heard back from the Lawyer who sent me the summons. Do I have to make a court date or does the lawyer who sent the summons do that?. I would like to get this sorted out, but I do not think it is my responsibility since they sent the summons. What might be the next step? thx in advance
Asset Acceptance breaking the law
:evil:
I switched to AT&T & Pac Bell slammed one phone # back. I made calls thinking all lines were AT&T unlimited. Bill from Pac Bell disputed, changed line back to AT&T & refused to pay. "Slamming" is against the law.??????? Charges disputed with Richard at Asset & requested proof of account. Asset never received proof from Pac Bell. Asset put collection on my credit instead of completing the investigation which I discovered on 5/26/2007-paid in full-contacted Asset, Jim Richardson 800-398-8814 who said a complete investigation was warranted, yet nothing has been done.
FIGHT THEM WITH ALL YOUR MIGHT
ASSET ACCEPTANCE forged my name onto a Consent Judgement Entry. I have been fighting them for about a year now and I have them on the run. There is a remedy for all of you. First you go to your local court and see what is in your Docket! Civil Rules state that anything in that Docket must be sent to you and a Certificate of Service must be in the Docket to proove that they sent it to you.YOU MUST DO THIS. They are theives and must be stopped! I have them in Court and dismissing my case. I have also sued them myself and suggest that anyone else do the same beacause all Attorneys work with each other wether they are wrong or right!
truthfully submitted by, K. Bey :twisted: :twisted:
This company is using illegal practices
I have had a bill show up on my credit report for a Southwestern Bell Phone bill I wupposedly owed. While I did have a land line with them for like 2 months I paid off my bills in thier entirety and kille dthe service and the account. The collection was started 2 months after my phone was turned off (I had a cell phone) and then shows up on my credit report almost two years later. I had not received any letter from SBC claiming a pst due nor any information from this collection agency. And yes I have verified the information on all three of my credit reports and have had the item in dispute for over a year. This is not the 1st time SBC has done this to people. (look at the amount of class actions against them). They get away with it because people pay off the amount supposedly owed as it is too much of a hassle to do otherwise. Also one more thing I am in consultation with the JAG office where I work.
one more thing
I also sent Asset an email (as I was overseas) requesting information on the supposed debt and they told me taht I must call thema s they cannot go into that information over email. (albiet the email address I was using was on a secure site). They give you the run arounda nd all that.. COurtesy of them Im sure I have had to endure higher than normal interest rates on loans. (I plan on taking them to court then sueing SBC for illegal billing practies) And yes, for those who are going to tell me to look up the law, I have read all applicable consure laws regarding this issue as AOL, had done this same thing to my brother and mother. AOL then tried to do this to me, gave me the run around, so I took them to court and they dropped the collection request. Go figure.
EIGHT GRAND ??!!
I received a letter from Asset Acceptance stating that I owed $8362, but because it is "spring cleaning" time, we will "....settle for $3500 !"
HUH ???!!! I don't know this debt, have never incurred this debt, but, as so many others have stated here, it too is on MY CREDIT FILE !!! Is the attorney's office next?
not paying
My husband has received numerous letters from Asset Acceptance regarding a SEARS bill - of which he NEVER had. We have sent them numerous letters stating that the account is not his AND if they further believe it is, than send proof of his signature on an application. They have not complied. They just continue sending these stupid letters. With whom in the US government do I complain about this company and their fraudlant behavior? The allegded account with SEARS is Not on my husbands credit reports
paying a creditor doesnt remove it from your credit report. if y
paying a creditor doesnt remove it from your credit report. if you owe a debt, than it is supposed to be on your credit report. if you pay it, they put in a note that shows it is paid. after a certain number of years [7?] the debt should no longer appear on your credit report. save your receipts and returned checks.
Some of these people have debts on their reports that shouldn't
Some of these people have debts on their reports that shouldn't be there though and they should be removed. I know, I've had it done to me and it was a pain sometimes to get it removed.
yes, very true but the credit reporters don't make it easy eit
yes, very true
but the credit reporters don't make it easy either
your best defense if getting a company to send a statement that says you don't owe or don't have an account with them
or to show the person who owes isn't you (wrong address, stuff like that )
or to show the account was previously paid
if a collection agency is involved, work with that agency and demand that if you are not the person they are seeking that they request removal of the information
the collection agency would want to report the actual debtor, not somebody with the same name, in this circumstance a collection agency may be helpful
the problem is when you are who they are looking for
the best route there is the creditor , make the original company fix it- and get you out of collections
but, if you owe the debt.. they will not cooperate
I am trying to clean up my credit so I got a copy my credit repo
I am trying to clean up my credit so I got a copy my credit report and there is somthing on there that says I owe $1496.00. All It says is asset acceptance llc and that its collection factoring company windstream communications FKA...does anyone know what this is? I have never racked up a bill for anywhere nere this amount. Any info would be greatly appreciated.
Asset Acceptance has taken my property taxes two years in a row.
Asset Acceptance has taken my property taxes two years in a row.Now they are putting a judgment against my home. How low can you go. They do not have feelings for anyone but themselves regardless of what you have to say. getting your money is on the top of their list.There should be a law against people who insist collecting for someone. They will not even provide you with information just want your money.
I would urge persons to not only compain to their states' Attorn
I would urge persons to not only compain to their states' Attorney Generals' offices, but also to the Securities and Exchange Commission. I might be mistaken, but I believe that Asset Acceptance is a publically traded company.
garnishment of bank acct from cc debt w/asset acceptance
would like some advise as to how to deal with garnishment of bank acct
[b]asset acceptance has cc acct I defaulted on back in 2000 from providian visa...they froze all funds in my acct and my son's acct since my name is on it also with no notice until after the fact and no money to pay then in full...they have judgement against me for amount own $800 and there fees total $1800... They are now making a $1000 from me for an $800 debt...now they will not accept payment arranged with rep from asset for $1300 til they get paperwork from bank and are also disputing that rep made this arrangement and want full amount...supervisor is listening to call and will call back to verify but no c/b yet ...well I already rec'd my copy of answer from writ of garnishment from bank why did they not...I feel they are scamming and are very rude and unprofessional to deal with and afraid to pay thinking will still come after me for bal if not pay full amount...any help
Asset Acceptance LLC unauthorized collection
I got this letter from the same collection company as everybody else here today, thats why I am online searching anybody esle that got scam from these wackos. I do not know in God's name how they got my phone number and my address and how I ended up oweing 600 bucks even though I am a minor, for crying out loud I am only 16 years old, I smell something fishy going on here. I have not called them yet because I want to catch them sliping, so I am going to wait intill they call me so I can drop the bomb on them and maybe even a lawsuit.So I want to leave off with a question to anybody that can answer it. Do these kind of scams happen when somebody gets a hold of somebody's SS#? because this looks like this may be the case for me.
Guest, I'm not sure how these crooks do it, but they do. If you
Guest, I'm not sure how these crooks do it, but they do. If you thik someone is using your ss#, you need to report this as fraud. You can write them a letter, keep a copy, and ask them for debt validation to prove it's your debt. In the letter, be sure and state that you ar a minor, in fact, I would have a parent do this. My youngest son got caught up in something of this nature, and I wrote a really nasty letter to them about him being a minor, and how I expected a letter from them saying that he didn't have, never had a debt from them, or I would talk to an attorney and follow suit-they did!
I wouldn't talk to them, you will get no where with them on the phone.
Have you checked your credit reports yet? At annuanlcreditrepots.com, you can get a free one from the 3 bureaus once a year. Check and see if they have reported this on your credit. You also want to make sure no on has done an identity theft on you..Good Luck-Let us know what happens..KAren
My husband also got a letter from Asset Acceptance for a debt th
My husband also got a letter from Asset Acceptance for a debt that was taken off of his credit report several years ago when it could not be validated. A look at his credit report shows that it is sure enough back on there! These people started harassing me on my cell phone when my husband insisted to them that the debt was paid in full some time ago. I verbally requested several times that they not contact me about this matter, as it was a matter that was resolved before my husband and I were even married! They continued to call, and I finally sent a written cease and desist! My husband continues to be harassed by them.
Lets Take Asset Acceptance To CNN News For Exposure!!!
Hey everybody, today I got a letter from this company climing I owed a large amount of money, however, I have no idea who it is that I;m suppose to owe and they aren't providing me with anymore information. They told me that if I wanted to know more I could speak to theattorney who would be having me summoned to court......Hello??? For What and To Who???
Anyway, while I was reading all of you guys comments, I hada brain storm of an idea, why don't all of us get together and contact CNN regarding busting this fake company and evryone share their story with the world, maybe this will make this company be exposed and then they will have to pay all of the people they falsely accused or sent theough unnecessary changes. So what do you guys think? CNN is known to expose crooks like this Asset Acceptance, LLC company.
Love to hear some feedback.
Thanks,
SW
summons
I have a 2003 debt from citibank visa - I was going for a securities license and pulled a report so I could clean up my credit. Visa said they no longer held the acct and asset acc did. I never heard from them , just their lawyer. He told me I had to pay and he didn't care what my story was. the debt was 11,5K that was written off and aac says the debt is 27,5K. I asked for proof but did not send a letter. they told me if I did not pay 22k they would see me in court this was february - I just received a summons via mail as they claimed they have tried to get a hold of me and this is the frst time but I have a court day next week - what do I do? I just make a bit over 28K and can not afford this as I also have to pay child support - what do I do?????
We just sent of a DV letter to these folks for my husband. They
We just sent of a DV letter to these folks for my husband. They are harassing him for an account that is already out of SOL. Some of these stories have me a bit worried! I hope they don't try underhanded tactics to get a judgment against my husband and put a hold on our bank account! Sure, the account is out of SOL, so we have a defense...if only we actually get a summons! They haven't used the lawyer tactics on my husband yet over the phone, but I am afraid they may not be happy after getting a DV letter. They are bugging my husband about a Providian account from back in 2001. He already did the DV thing with the last group that claimed to own it...they couldn't validate, and the thing was removed from my husband's credit. Now, Asset Acceptance has put it back on there. My husband is sure he paid Providian off, but unfortunately, he was very bad at keeping track of stuff before we married just over 5 years ago.
You can sue them for damages. Case: Venes v. Professional S
You can sue them for damages.
Case:
Venes v. Professional Service Bureau, Inc.
Court of Appeals of Minn.
353 N.W.2d 671 (1984)
Asset Acceptance LLC
Hello Everyone,
I have been contacted by asset acceptance llc (AAC) via my cell phone a few days ago. Kudos to their skip-tracers as I am not easy to find, and it is a new number, curious as to how they got that. AAC is claiming to have an alleged debt from a Discover card account. I am waiting to take legal action until 1/2008. Unlike some people I am not afraid of being sued, so if AAC decides to sue me on this alleged debt I would welcome that action. I am simply waiting until 1/2008 as it offers a ripeness to my legal case when I decided to go on the offensive against them.
Facts:
Alleged debt is for $3550
Offering Settlement of $1780
According to a Credit Reporting Agency the date this account originated was 12/2003; it will expire from that credit report 1/2011 according to the report.
Contacted Discover Card:
Alleged original amount: $1803
Date of last activity (payment): 12/2000
Date of charge off: 10/2002
Residency: Texas
I am going to hire an attorney to deal with Asset Acceptance LLC and potentially sue them if they do not discontinue lying in regards to this alleged debt.
Does anyone have any advice on attorneys with experience in the Austin, Texas area with this type of legal issue? I already have one in mind, but would like to hear more options. Furthermore does anyone have a list of important persons, agencies, or entities I should be writing complaints to regarding this issue. For example, writing the Texas Attorney General, BBB, and FTC? I want to have substantial documentation regarding this issue and am willing to follow up, so please let me know what you would recommend. Also, has anyone really had any luck with the form letters found on-line for disputing a debt on SOL? I have read other forums where attorney's state that when they get such letters they laugh knowing that they are dealing with someone who is not educated in the law and proceed to trounce them. This is ultimately why I am hiring an attorney in this matter, but I do need to respond to AAC within 30 days of that phone call.
Any help is appreciated,
-S
Are u sure on the dates of last payment and charge off?? Usuall
Are u sure on the dates of last payment and charge off?? Usually a credit card company will charge off an acct after 90 days of non-payment! Urs is 2 years! Go to naca.net to look for an atty in ur area.
Good luck and keep us updated,
Ang
Asset Acceptance LLC
Update:
I just checked my credit reports and scores: asset acceptance llc (AAC) has been removed from my credit reports. At least they are no longer reporting the AAC collection on any of my credit reports on myfico.com anymore. I really do not trust this since they have called me recently. I am not calling them back or speaking with them. When I hire an attorney he/she can speak with AAC on my behalf via certified registered mail. Though I would love it if they suddenly put their alleged collection back on my credit report; would make legal actions a little easier. I may end up hiring an attorney to draft a letter to inform them that this is an invalid debt and regardless beyond the statute of limitations (SOL - 4 years in Texas). FYI: I am certain about the dates, I contacted Discover Card Financial Services and obtained the dates from them directly. Allegedly Discover Card sold this alleged debt to Vision Management (a debt collector) and AAC obtained this alleged debt in 12/2003. Interesting how that 12/2003 date coincides with the date AAC alleges the account was opened. This alleged debt is now only appearing on one Credit Reporting Agency's (CRA) credit report as Discover Card debt with the above noted information. I wonder if AAC is going to move to attempt a default judgement against me. That would be entertaining and I would go after their attorney for both legal and ethical violations. Having reasonable knowledge that they alleged debt is not valid and not collectable and pursuing it outside the SOL.
For clarification if this debt were valid I still would not be legally obligated to repay it under the SOL and it can not be reported on any credit report by any CRA after 7 years, which would be next month, or as I read and understand FCRA 180 days from the date of 12/21/2000 and 7 years, which would be approximately June 20, 2008. This date is the date of last payment activity according to Discover Card and is the controlling date with regards to credit reports.
Disclaimer: my information is based on research I have conducted and my be incorrect. You should verify any information if it pertains to you. Always consult an attorney with complex legal issues regarding debt collections. Check your area governments as you may qualify for free legal assistance. In no way should any statement I have made be construed as legal advice as I am not an attorney.
-S
Asset Acceptance Manufactured Debt
I have never had xcel energy and out of the blue I am getting collection notices for these clowns.
Asset Care
Is this business also known as Asset Care? I just had my 1st encounter with them over a phone bill back in 1998.
I'm fighting with this company too! A couple of days ago, I rece
I'm fighting with this company too! A couple of days ago, I received a letter from asset acceptance llc. The letter informed me that they bought a debt from Sam's Club and that I now owe them $197.00. Well, IF I had used the Sam's Card, I would pay the money I charged on it, but the fact of the matter is, I never even picked up the card from the store! I filled out an application for the card (to receive the free gift) in 2003 and when a letter came telling me that I was approved (and had to pay $30+) for the card, I decided I didn't want it, so I never picked it up.
After telling my story to countless people (I was told to call Sam's Club, WalMart Account Services, GE Capital, Sherman Financial and numerous other people), the issue is still not resolved. I finally told the people at Asset that I want a copy of the contract I signed stating that I would be responsible for annual feel and finance charges, without having the card authorized. I was told it would take them 30 days to get the contract and that I would have to call back and it would take me a couple of weeks to get it from them! Keep in mind that the representative I spoke to from GE said that the debt was bought in October of 2006 and everything (paperwork wise) was sent to Asset.
I am now stuck on how to proceed. This debt is being reported to the credit bureaus every month as delinquent. I am attempting to restore my credit and raise my credit score, so I need this debt removed from my credit report, however, I refuse to pay $197 for something I never picked up, never authorized and never used. Can anyone give me any advice on what to do?
dear pd25yrs, asset care is not affiliated with asset acc. to m
dear pd25yrs,
asset care is not affiliated with asset acc. to my knowledge. if someone knows better please let me know!!
Shay - Asset Acceptance LLC
Shay,
Be careful dealing with a debt collector on the phone. Based on your commentary you may have inadvertently admitted to the debt collector that the debt is valid.
You said:
"I filled out an application for the card (to receive the free gift) in 2003 and when a letter came telling me that I was approved (and had to pay $30+) for the card, I decided I didn't want it, so I never picked it up."
I am not an attorney so I am not advising you on this issue, but these are theoretical circumstances I would conduct.
Personally I would never speak with a debt collector on the phone. If I were to speak with a debt collector on the phone I would record the call. Prior to recording the call I would research if my state were a one-party state and what level, if any, the debt collector has an "expectation of privacy." I would only discuss issues in writing via certified registered mail. If the debt is not mine (not valid) I would challenge said alleged debt in writing by requesting a validation of said alleged debt (perhaps not wise in your circumstance - see note below). I would also send a letter to the original creditor challenging the alleged debt and appraising them that unfounded collection activities are occurring against me originating from them (again see note below). If the debt collector and/or the original creditor does not reply within 30 days then I would write the credit reporting agencies and send a copy of the letter I sent to the debt collector (and original creditor) and request the collection item to be removed from any report since it had not been validated. I would also request that a written investigation report be remitted to me at my current address. I would also review the pertinent sections of The Fair Debt Collection Practices Act, The Fair Credit Reporting Act, and any applicable state statutes and consumer protection acts. Also I would refer at all times to the debt as alleged and deny it outright (if the alleged debt is indeed invalid). I would also include a statement in any correspondence that states something like "I deny this alleged debt and in no way should any statement I have made be construed as a validation of this alleged debt." I would also conduct searches on the internet as a resource for validation letters then consult an attorney with said letter for their recommendations of additional inclusion or exclusion of language. Preferably have the attorney send the letter on their letter head.
You should consult an attorney regarding your issue. Yes it will cost you money. Potentially several hundred dollars over a period of about a year or longer. Be aware that if you attempt to solve such a credit issue yourself you could complicate matters significantly and end up with the alleged debt becoming a legally enforceable and valid debt (research default judgements). However, in your circumstance it may already be a legal debt; you would have to speak with an attorney about that issue.
Also speaking from experience it took me about four years to remove over 50 revolving trade items and one instalment account (mortgage), none of them mine, from one of my credit reports. I did this myself and can tell you that I will never do it again. I will happily hire a lawyer to deal with such issues.
Get a lawyer and save yourself the hassle. If you are worried about the costs think about the costs in higher interest rates or denial of credit. Furthermore, think about this: if you work in the financial sector or require security clearance you may risk your employment or be denied employment.
I would recommend hiring a lawyer and getting all pertinent documentation:
Have a copy of your credit report.
Have a record of every time you have been contacted by or have contacted the debt collection agency.
Provide your attorney with a transcript (recording) or notes of what you have disclosed to the debt collection agency on the phone or in writing.
Have the debt collection agency's address and phone number.
Note:
In your circumstance you did fill out an application. This potentially indicates a signed document exists for a contract for an account. This could complicate things for you significantly. Just because you did not pick up the card does not mean the account was closed. You did apply for an account and were subsequently approved. This is a fact that an approved account in your name was opened. You may be potentially held responsible for "membership" fees (and subsequent late fees and other penalties) on said account that was left open, which you failed to close. Of course if you never received a bill or were not properly billed you should state that to your attorney as it may have some bearing. You really need to consult an attorney to determine what legal options are open to you.
Lots of information; sorry if it's not all what you wanted to hear, but it's hopefully helpful. If I were in your circumstance I would consult an attorney. If you really are concerned about costs then research if your state has a legal referral system or free legal aid. I know in Texas there is LRS (legal referral system) and if you go to an attorney based on an LRS referral the initial consultation is on $20.00, but after that it is full price. Some counties offer free legal aid and advice services (and yes representation).
Personal word of experience. When dealing with an attorney do not bother them on a daily basis unless you what a really high legal bill. Ask the attorney to give you milestone reports and have that factored into your bill upfront. E.g. pay an upfront retainer to cover majority of the costs including calling you and updating you on your case, say every two or three weeks for 15 minute calls each. Keep conversations on the phone or in person short and to the legal issue(s). Good idea to keep all information in a file for quick reference.
Good luck,
-S
going to court
We had a citi card sold to Asset Acceptance. They sent us a notice to go to court. We answered that notice so they would not get a default judgement. Now they are still taking us to court, on Dec 6. I don't know what to do.
Response to Sharkyp
You should consult an attorney. I am not offering advice simply and I may be incorrect in my statements that follow. You should conduct your own research and seek legal counsel. Just because you responded (either by phone or in writing) does not mean you get out of a court date. Also your statement indicates to me that you do not understand what a default judgement is by definition. A default judgement is the result of not attending a court date. If you are served you are required to show up to court. If you have the serving papers you will want to show those to your attorney because if they did not serve you properly then that may buy you time. If you do not show up to court the judge views the creditor or debt collector's assertion as valid by default since you did not show up to challenge the allegation, hence default judgement. The alleged debt then becomes a current and legally enforceable and collectable debt. The creditor or debt collector then acquires a default judgement against you and gets significant capacities to collect those funds depending on your state's regulations (wage garnishment, bank account seizure, property liens, etc.). Depending on the age of the alleged debt it could be beyond the statue of limitations. You would need to check your state requirements and you may be able to defend on that basis, but you did not give specifics about the alleged debt. I can not emphasize enough that you need to hire an attorney.
Good luck,
-S
Response to Sharkyp
You should consult an attorney. I am not offering advice simply and I may be incorrect in my statements that follow. You should conduct your own research and seek legal counsel. Just because you responded (either by phone or in writing) does not mean you get out of a court date. Also your statement indicates to me that you do not understand what a default judgement is by definition. A default judgement is the result of not attending a court date. If you are served you are required to show up to court. If you have the serving papers you will want to show those to your attorney because if they did not serve you properly then that may buy you time. If you do not show up to court the judge views the creditor or debt collector's assertion as valid by default since you did not show up to challenge the allegation, hence default judgement. The alleged debt then becomes a current and legally enforceable and collectable debt. The creditor or debt collector then acquires a default judgement against you and gets significant capacities to collect those funds depending on your state's regulations (wage garnishment, bank account seizure, property liens, etc.). Depending on the age of the alleged debt it could be beyond the statue of limitations. You would need to check your state requirements and you may be able to defend on that basis, but you did not give specifics about the alleged debt. I can not emphasize enough that you need to hire an attorney.
Good luck,
-S
my husband got papers saying asset is suing for a judgement on a
my husband got papers saying asset is suing for a judgement on account they bought from citibank in 2006..the papers show delinquence as of 11/2003 but say citibank got a payment 3/2004.if they got payment in 2004 then wouldn't the delinquency be that year also? don't know much about SOL but seems if he was delinquent in 2003 then it's been 4 years but seems they filed the lawsuit Oct 31 2007 so that would be 2 weeks before SOL is up. they say they can't send paperwork to us as they already have and they haven't..problem is we are trying to buy our first house and can't afford to have this appear on the credit within the next month or so because then we will get declined when we have already started the process and gotten pre approved
statute of limitations
Mid 2003, Assets Acceptance acquired my debt from Providian (the original Lender). That debt was from 2001. Is it still within the statute of limitations?
Asset Acceptance LLC unauthorized collection
Can anyone enlighten me on this issue?
I received a court summon on behalf of Assets Acceptance for a debt they acquired around 2003. The original debt was with Providian and it happened around 2001.
A couple of issue regarding this matter:
- I'm thousands of miles away from the county court. Anyway I can just pay this without appearing in court?
Is my debt still within the Statue of Limitation?
You have reached a forum dedicated to helping in debt. We have n
You have reached a forum dedicated to helping in debt. We have no idea about any charges to any account. If you tell us who you are trying to reach we may be able to help you.
one thing on my credit report.
I am only 19 years old and while applying for jobs, loans and the like for college I find out I am in debt, yeah, asset acceptance... I call every outlet, I file reports, everything and instead of having anything to say about the fact I have had my identity stolen they treat me like trash and spit near fire while telling me what avenues will most benifit me. Also, when calling the numbers mailed to me I get recordings... never a real person, and I repeat, I am 19, I know about as much about all of this as I do about ethiopian culture.
Do you actually owe any of these or are they all result of ID th
Do you actually owe any of these or are they all result of ID theft?
If they are a result of ID theft then file a police report, get copies of the report mailed and/or faxed to them (if you mail it send it certified mail, return receipt requested) basically to tell them that here is your proof, it's not mine. Also you should file disputes with the credit reporting bureaus (Experian, Equifax, and Transunion) to get it cleared up there as well.
You can get your free annual credit report from annualcreditreport.com as entitled under FCRA.
Asset is suing me in court tomorrow for $2900 on an old debt any
Asset is suing me in court tomorrow for $2900 on an old debt any advise out there??
If you could answer these question for me I can better assist yo
If you could answer these question for me I can better assist you:
1. What type of debt is it?
2. When was the last time a payment was made on it?
3. What state do you reside in?
asset acceptance
I have a new situation I havent seen before. At one time I lived in Florida and they purchased something outsde the SOL in Florida and without contacting me etc. somehow were able to obtain a civil judgement against me. Please keep in mind that I was disputing the debt prior, I lived in Kentucky when they went to court so I was unable to show in court and or defend myself. DOES ANYONE HAVE ANY ADVICE
If they got a default judgment because they filed suit against y
If they got a default judgment because they filed suit against you in a state and/or county that you do not reside in you may be able to request vacation of judgment based on improper venue.
asset for mbna???
Hello all,
I am currently in collections with asset acceptance and I checked my credit reports with Transunion and equifax and it says that I owe 2 different amounts.. $4010 at transunion
$3974 at equifax
How do I fix this lil problem?? And does this company take settlements bc I never even charged up this much! My acct was closed in 2003, which was $1,600-2000, is this legal?
Welcome to the forum girlx 6. It appears that they are report
Welcome to the forum girlx 6.
It appears that they are reporting inaccurate information, and they have given you everything you need to prove it. I would suggest first sending them a debt validation letter (you can find a good template via my signature) send it certified mail, return receipt requested. Also save the copies of your credit report that you have viewed, that is your proof that they have reported at least one inaccurately. In the validation letter template it (among other things) demands that they tell you how much they claim you owe and break it down to show you how they calculated it.
Great place!
Hi
I`m new to this forum and I want to say hello to all the members!