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Asset Accept

Submitted by on Thu, 08/11/2005 - 13:01
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7 years ago i lived in Texas and was a member of Ballys health club. I moved to LA and cancelled my membership. Last year i did an online credit report and when my contact info was updated, i was contacted by Asset Accept the following day. They threatened me and were very rude. They told me i did not properly cancel my membership and therefor owed the debt. I have requested that they send me my original contract and they do not do that. THey left me alone for a year but now they are harrasing me once again. I have cleaned up all negative items on my credit report except for this because i do not owe it. What is the SOL in Texas and how can i fight them and get this off of my report. They have also reported it twice as Ballys and as Asset Accept.. Please help..


I also believe they have re opened a Ballys membership in my name to re age this account.. I found that out from my credit report. Supposedly i have a membership in Huntington Beach, CA .. I haven't worked out at a Ballys in 7 years or more..


Submitted by setr on Thu, 08/11/2005 - 13:24

setr

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Hi Loran

Welcome to the forums.

The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)).

Please notify them that you cannot be forced to pay the said debt after the expiry of the SoL period under the fdcpa law.

Please ask them to provide you the complete details of the mentioned account otherwise you have the legal right to refuse payment. The FDCPA law restricts any debt collector to harass a consumer while making collection efforts. Please send them a cease and desist letter through certified mail and return copy requested.

You can also record all the telephonic conversations and present it to your lawyer if needed.

You can dispute the portion with the credit bureau that is reporting the said account. They will conduct an investigation and update your credit file within 30 days if it is found to be accurate.

Regards
Roxette


Submitted by roxette on Thu, 08/11/2005 - 13:30

roxette

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