Asset Acceptance Complaints - Know more about them

Hi Angry Woman
Welcome to the forums.
Please go through the letter formats shown in link below
http://community.debtcc.com/letters/index.html
Please let us know if there is anything that we can assist further. It will be a pleasure.
Regards
Roxette
Truth always wins

Don't feel bad. They were trying to collect from me for a Bally's membership I had in 1992 (I also didn't owe Bally's any money). According to the FCRA, the statute of limitations is 7 years, but these people don't seem to care about abiding by the law. Be careful. They might enter this on your credit report. Asset Acceptance is a scam company. There are many complaints about them.

Hi larbabe

Welcome back again. I have placed your link of other post so as to create general awareness among the community.

http://forums.debtcc.com/forums/about305.html

Please keep visiting the forums for your posting and suggestion. It is a pleasure to have you on the board.

Regards
Roxette

Hi Angry Woman
Welcome to the forums.
Quote:

Hi Angry guy

Welcome to the forums. Taking the first step please put your debt collection accounts in "Disputed Status" as they are trying to collect a debt which you think is invalid, inaccurate or doesn't belong to you. It is mandatory on your part.

Please use your right as per the fdcpa by issuing a notice to them to stop the illegal harassment and abuse.

Please keep in track of all the methods of correspondence used by the debt collection agency along with your dispute letter. Please tape record all the modes of communication and inform them of your action.

Please use the following precautionary measure to deal with the collection agents who use unfair and illegal collection techniques.
[list=1]

Angry Woman and Angry guy: Here's the web address of the Better Business Bureau which handles complaints for Warren MI.

I have filed a complaint with them and I would advise both of you to do the same. Acceptance is a member in good standing of BBB, and thus far has had no complaints against them. Also, I would advise lodging complaints with the FTC and (in angry guy's case) the Attorney General. I have done some research on Asset Acceptance and arrow financial services, both of which have made inquiries on my TransUnion credit report under false pretenses T.U. doesn't seem to care). I have had to file a statement regarding these fallacious entries on my TransUnion CR.

Both of these companies have reputations as being among the worst of the collection agencies. They purchase old and sometimes (as in my case) non-existent collection accounts for pennies on the dollar. They will hound individuals (as they originally did me), until many pay them off just to get rid of them (I didn't). One debt consolidator refers to them in terms of "Organized Crime". :evil:

Good luck!

Hi larbabe

Welcome back. Please check about this entry with Equifax and Experian also before you make your move. If this entry is not in those reports, you should dispute it with Transunion. They will provide you the updated credit report after they find your dispute to be valid.

We will be waiting to hear from you about this update.

Regards
Roxette

AACC is a publicly traded company on NASDAQ as AACC, and I found the following information.

Asset Acceptance Capital Corp
28405 Van Dyke Avenue
Warren, MI 48093
Phone: 586-939-9600

Victor Miller

[quote=roxette]Hi larbabe

Welcome back. Please check about this entry with Equifax and Experian also before you make your move. If this entry is not in those reports, you should dispute it with Transunion. They will provide you the updated credit report after they find your dispute to be valid.

We will be waiting to hear from you about this update.

Regards
Roxette[/quote]

Hi Roxette:

The only entries are on my TransUnion CR. I have disputed this with them and they have responded that these entries are "permissable" and that I need to take my dispute directly to the collection agencies in question (which I've done). IMO this really makes a mockery of the whole process, since I have presented clear evidence that Asset Acceptance and Arrow Financial are both in violation of the FCRA and California statutes.

Incidentally, I have received a response from Arrow Financial via the Better Business Bureau. They state that they will contact me directly. I can hardly wait. :lol: I just wanted to say Thank You to all of you who consistently help me in my credit matters

Hi larbabe

Welcome back. I have gathered from your post that the invalid entry of Asset Acceptance and Arrow Financial is only in your TransUnion credit report and not in the other two credit reports. You have also contacted the TransUnion and they have further asked you to contact the mentioned collection agency.

If your other two credit reports are not highlighting the wrong entries, then it means that TransUnion need to fix these errors. The collection agency will only come in question if all the three credit report highlights the same entry.

Please handle your approach more strongly with the photocopies of the other two credit reports and file a dispute with TransUnion completing the "request for reinvestigation" form along with return receipt requested. It is purely the mistake of the TransUnion and they will have to notify you about the verification process being done. It is they who will contact the collection agency in question and verify the entry. They will inform you within 30 days about your updated credit report.

If you don't hear from them within 30 days, please send one follow-up letter. Additionally, if you tell them that you are looking for a mortgage or a car loan, they can do investigation at rush.

After finding your entry to be correct, they must remove the negative entry from your credit report.

If you still don't hear anything from them, please contact them at 800-888-4213 (Trans Union) to discuss the problem individually.

Please be informed that you have the right to put a 100 word statement in your credit report. The credit bureau will have to furnish this information whoever asks for your report. While writing your 100 word statement, please be very clear, concise and use the fewest words possible.

I really feel that you must have worked very hard doing this. If you don't reach anywhere still by this point, finally contact the FTC regarding this matter.

Federal Trade Commission: Consumer Response Center - FCRA
Washington, DC 20580 1-877-382-4357

Please inform us the latest of your action.

Regards
Roxette

Roxette:

I just got off the telephone with TransUnion. They informed me that they treat inquiries differently than credit information. In order to have these two entries removed, they must receive "authorizations" from Asset Acceptance and Arrow Financial, plus an authorization from me to remove them. Supposedly, it falls on my shoulders to have this done. Of course, I've written both of these companies without response. I've also filed complaints with the FTC. But the FTC contends it is not their function to prosecute violators of the FCRA.

According to the FTC: "The FCRA provides that any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined, imprisoned for not more than 2 years, or both. Authority to bring criminal action for violation resides solely in the U.S. Department of Justice, not the Federal Trade Commission."

I told TransUnion that these inquiries could not possibly fall under "permissable" catagory and that the entries were only on their CR, not on Equifax and Experian. It didn't seem to hold any water. I also told them how frustrating this whole process was. I recently filed a statement about this which is included on my TR CR. They sent me out a copy of my new CR yesterday (I haven't received it yet). I informed them I am currently buying a new home and this is dragging my credit score down. They apologized, but essentially said there was nothing more they can do. :x

My only recourse is a lawsuit. According to the FCRA, I could seek damages up to $1,000 for willful noncompliance (Section 616) and willful noncompliance (Section 617). I consulted with an attorney friend who told me it wouldn't be worth the effort. He said these kind of inquires only drag down my credit score by a couple of points. Is that correct? Other than these two entries, my CR is clean as a whistle (It's been a lot of work). Am I getting all worked up about nothing? :?

Oops: I forgot to enter my Username and Subject. :oops:



I just got off the telephone with TransUnion. They informed me that they treat inquiries differently than credit information. In order to have these two entries removed, they must receive "authorizations" from Asset Acceptance and Arrow Financial, plus an authorization from me to remove them. Supposedly, it falls on my shoulders to have this done. Of course, I've written both of these companies without response. I've also filed complaints with the FTC. But the FTC contends it is not their function to prosecute violators of the FCRA.

The FCRA provides that any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined, imprisoned for not more than 2 years, or both.
I told TransUnion that these inquiries could not possibly fall under "permissable" catagory and that the entries were only on their CR, not on Equifax and Experian. It didn't seem to hold any water. I also told them how frustrating this whole process was. I recently filed a statement about this which is included on my TR CR. They sent me out a copy of my new CR yesterday (I haven't received it yet). I informed them I am currently buying a new home and this is dragging my credit score down. They apologized, but essentially said there was nothing more they can do. :x

My only recourse is a lawsuit. According to the FCRA, I could seek damages up to $1,000 for willful noncompliance (Section 616) and willful noncompliance (Section 617). I consulted with an attorney friend who told me it wouldn't be worth the effort. He said these kind of inquires only drag down my credit score by a couple of points. Is that correct? Other than these two entries, my CR is clean as a whistle (It's been a lot of work). Am I getting all worked up about nothing? :?

Hi larbabe :D

Good to hear back from you. If filing a lawsuit can get these two negative entries removed from your credit report, then I will suggest you to deal with it legally.

Since you are looking for a new home, these negative entries might have a bad impact on your credit report.

We will appreciate getting you in touch with us soon.

Regards
Roxette

For those folks in OH. Let's unite and try to get a class suit against them. Let's complain with the Attorney general in Ohio. Unite against asset acceptance/ballys. Let's see what can we do together.

Hi Mrs. Robinson

Welcome to the forums. It is nice to hear that you are extending your arms to fight against the injustice that has been caused by some bad practicing companies.

Let all of us join our hands together to fight against this. Please post your comments and suggestions on this board so that it does some good to our other community members.

Regards
Roxette

should I put in attention to (the name of the debt colletor officer) or only asset acceptance?
Also, contract was "signed" in 99 and in my CR says 2002. Why is that? Is it when AA bought or was assign the debt? If when signed I didn't provide a SSN, how did they get to my CR and got my SSN? Since when this happened in 99 I didn't speak english, doesn't mean the contract is unconcious, void, or unenforcable? thanks

Hi gioziggy

Welcome to the forums. In your credit report, your account should have been 1999 and not 2002. Also, since they have retrieved your SSN without your knowledge, please take legal help.

Please let us know the course of your action.

Regards
Roxette

how do I do that? Do I request them how did they get my SSN? Thanks

Hi gioziggy

Welcome back. Please look into the following thread to know the answer to your post.

http://forums.debtcc.com/forums/about2488.html

Regards
Roxette

Hi, I was searching for stuff on LLC and found your site. I was notified by my credit watch company that new negative entries had hit my report. It was for Asset Acceptane LLC. Then today another entry popped up from them for the same amount. I do not know who these people are or what debt they think they are trying to collect. I have typed out the letter on your site to send to them but reading through your letters it appears that they don't respond. What should I do?

Hi rntami

Welcome to the forums. Firstly, it is necessary to acquire credit report from all the three bureaus to know the accurate details of all the entries. Sometimes, there might be errors in the report of a particular credit bureau.

After you have all the three credit reports, compare each of them and check the name of your creditors who have sold your accounts to the collection agencies.

Apart from sending debt validation letters to the Asset Company, you can also contact your creditors to know the origin of the said debt. If they can provide you the accurate details, you can negotiate with them for a better payment plan. If the creditors also cannot report anything about the negative entries, you can dispute it with the credit bureau for the deletion of the negative entries.

If the credit bureaus also delay in taking necessary steps, you can contact the FTC for getting the needful done.

Hopefully, you will take necessary steps to clean the negative entries from your credit report as this is one of your most prestigious financial documents. Please let us know the course of your action.

Regards
Roxette

??????
Hi Roxette:
I received a response from arrow financial services regarding my complaint to the Better Business Bureau. They were the agency who created the fictional amount due, then sold it to asset acceptance llc. They claim they were within their rights, referring to an account number, which represents...you guessed it the Bally's amount due (which they invented). Here is my response:
Dear Ms. Novak:
I am in receipt of your June 7th correspondence. I would find your response laughable if it were not for the seriousness of this matter. The above file number refers to a supposed Bally's Health Spa debt, in the amount of $1619.44, which was invented by your company. Once again, I have not had an account with Bally's since 1992. To my knowledge, I have never owed money to them. I have never received a demand from Bally's for said amount due, nor has any amount shown up on previous credit reports.
In addition, your company's representation that this account is in collection is fraudulent, because it has exceeded the statute of limitations of 7 years, as stated in the FCRA. Furthermore, this claim is also in direct violation of California State code CC Section 1812.88, in which a health spa must advise me that a debt is being assigned for collection. None was ever issued.
Last year, after I received the initial demand for payment of said debt, I received a series of harassing telephone calls from your agency. Fortunately, I saw a news program on KCBC TV which reported this type of claim as a scam. As I understand it, certain unscrupulous collection agencies have preyed upon and collected sums of money from many innocent victims, representing bogus claims such as this one. According to the report, these agencies are under investigation by the consumer fraud division of the FTC. Since I am a senior citizen, I must have seemed like easy prey.
I value my good credit rating and feel my good name has been besmirched by your company and Asset Acceptance LLC (whom you sold the account to). I am in the process of purchasing a new home and these fraudulent inquiries have caused my credit score to suffer. I might remind you of FCRA ?? 619. [15 U.S.C. ?? 1681q] - Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.
In addition to the BBB, I have filed complaints with the California Attorney General and the Federal Trade Commission. Upon investigation, I have discovered a series of complaints against your agency. Please be advised, I am currently seeking legal counsel on this matter. If I do decide to proceed in this matter, I intend to seek remedy to the fullest extent of the law

Hi larbabe

Good to hear from you back. :D

You definitely sound to be in the stronger side. Please make sure that you request a return request of this correspondence.

I am sure that the judge will not be able to deny the fact and therefore declare your claim to be authentic.

Please inform us after you have won the case. I prey for your victory. :D

Regards
Roxette

Asset Acceptance is being calling me and harrassing me for over a year ..and just before the SOL is over they finally sue me ...Pretrial was just 2 days ago
Im in the process of sending that letter in your site to get debt validation. Thanks for publishing it.
When I told that i needed full validation and prove that SOL stands; the ASSet lawyer told me that they could get the Bookeeper to testify as proof ( I mean is First USA bookeeper coming down to FLorida to do that ???)
Well, anyway I must get a lawyer because this is getting "Ugly" ...
Any advice??? I'll post updates later on ...

HI vaneyric

Welcome to the forums. Please make sure that they validate your debt as it is your legal right to know the origin of the debt. However, you must make sure that they provide you the following things.

• Proof that the collection company owns the debt/or has been assigned the debt. (Is The CA legally entitled to collect this particular debt from you?) This is basic contract law.
  
  
• Complete payment history, starting with the original creditor. (You need to have proof of your payment history with the OC, what the amount of the debt was when The OC assigned the debt to the CA, and what fees/interest the CA has tacked on to this debt and how they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
  
  
• Copy of the original signed loan agreement or credit card application. (Your contract with the OC establishing the debt between you.) This is also basic contract law.
  

I got a phone call yesterday from Assest Acceptance regarding a Bank Of America loan I supposedly had in 1993 (12 years ago) which I didn't pay. The first man I talked to was extremely rude and I asked 3 times for the account number of loan supposed loan and proof I owed the debt, he hung up on me. I called back 3 times and was transferred around with no luck, I advised them I was giving the information to my attorney and they laughed at me. I have fortunately gathered all of the information on phone numbers, CEO's and physical and P.O. Box addresses then came across this site, glad to have found it. I too will contact the BBB in their area. Good Luck everyone. Oh one more thing, I looked at financial information for the company and it looks like they are having financial trouble, maybe that it why they are being extra nasty.

Hi Flabbergasted

Welcome to the forums. It is really very nice to hear that you have gathered some useful information in this site. The hard work given by the community members over here has eroded a lot of debt problems of the consumers and they are trying to lead a happy life.

In your post, I find that your supposed debt is 12 years old and therefore the Statute of Limitation for collection of this debt has relatively expired. Therefore, on such grounds, the collection agency cannot force you to pay the said debt.

When asked to validate the debt, they were reluctant in responding you meaning that they don't have the accurate data of the debt that they claim. In no circumstances, you are required to pay it unless you know the details of your debt legally.

You can send one written letter to them stating that they are further stopped from calling you by phone. Breaking of this law will be violation of the fdcpa rights to the consumers and you will legally sue them up to $1000 by entering into a lawsuit.

You can also tell them that you are tape recording all the telephonic communication and it will serve as an evidence to support your case in the court.

Regards
Roxette

I am so glad that I found this site. I thought I was alone with the headaches of asset acceptance llc. I am also lucky enough (sarcasm) to also be involved with Emerge Visa and their shananigans.
About a year ago I started receiving letters from Asset Acceptance for a Levitz account that I opened 18 years before. This account had been charged off in a bankruptcy that I declared back in 1990. As I have moved around a great deal and have lived in different states I was amazed that they had even been able to track me down! Since it was so long ago AND had been discharged in the bankruptcy, I ignored them. Periodically I would still receive the letters offering me a discount on the amount owed which I threw in the trash. Now, however, they have somehow found out my cell phone number and have started to leave me automated voice mail messages which cost me minutes on my phone. How can a company come along and "legally" bother me like this after all these years, after filing bankruptcy. I LIVED through the 10 years of the bankruptcy stigma, now, these people come along and throw things into my list of "things" to do or "take care of"?? This is SO unfair to disrupt my life like this and give me stress. I'm almost afraid to check with the credit bureau's to see if these idiots have affected my credit I have worked so hard and long to repair.
If you can advise me as to how to deal with them and how to help put them out of business, I would appreciate it and will do what ever is necessary to keep them from bothering other innocent people.
Thank You,
DD

Hi dd

Welcome to the forums. It is a nice feeling to have a new guest like you in this platform and appreciating the hard work in this site. We wish to reach every corner through our hard work and aware the people of their legal rights. We earnestly aim to serve the people in those times when debts are worrying the most.

After reading your post, I really feel very sorry that you underwent the pain of filing bankruptcy for so many years. If at all possible, live to what is required and not to what is desired. I am redirecting your thoughts to a planned budget which is basically the ideal factor for a happy living. I am anticipating that you must have learnt from the mistakes that you made in the past for which you had to pay the price of filing bankruptcy. And presume that you will never commit the past mistakes in the future.

Now, Asset Acceptance is really making life of the innocent people miserable. If you research this forum, then you will be able to realize how unfair these people are to the common mass who work hard to solve their debt problems.

Focusing in your case, there is no reason for contacting you after bankruptcy has been filed which legally means that no creditor or collector can contact you for recovering the said debt. Otherwise, why will a person make such a dreadful decision? Moreover, if they are unaware of this fact, then they should be aware that your debt has well crossed the lines of SOL period. So, under no circumstances at all, they are required to contact you for the said debt.

Please file a case against them at the FTC and the State Attorney General office with your cause and request them to take necessary action as soon as possible. I guess that Asset Acceptance has so many complaints against them that their days of business can be counted.

Please let me know if I can do anything from my end for you.

Regards
Roxette

I just received a letter from this company requesting payment for debt that is unknown to me. I sent them of copy of the letter from this section. I also took the letter, "bill", and a copy of our CR to our legal office. I did make the mistake of calling the number on the "bill" requesting a return phone call. Following all of my research online, I will not be accepting telephone calls from them. I am going about this the right way, and what have I forgotten to do.

Thanks!!

Hi AFarmer

Welcome to the forums. You have dealing with your debt collector in the right way by asking them to validate the debt. Make sure that all your correspondence with them is done in written so that you have a valid proof of your effort made for the payment.

If they fail to validate the debt, it will mean that they are trying to misrepresent your account. The details that they will provide about your account will include the following particulars:

• 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.
  

I was ready to send my letter to AA today, and I have decide to go through a lawyer rather than deal with them myself. My lawyer is going to draft a letter to them for me. I thought it might be better to just go that way than to wait for them to force me to take legal action. I will beat them to the punch. I hope I am doing the right thing!!

Hi AFarmer

Welcome to the forums. You have definitely taken the right decision of dealing with the illegal practices of Asset Acceptance through a lawyer.

The lawyer will be able to assist you in the right legal way and guide you properly. Also, you can take the help of the debt consolidation company for free counseling programs. The consultants are specifically trained to deal with such kind of situations and they will negotiate with them for a proper payment plan.

We will be glad to assist you further if you face any kind of problem.

Regards
Roxette

Attention Angry Woman and all others upset with Bally Total Fitness and Asset Acceptance. Here is the bottom line, and belive me I know this from experience. Bally will not let anyone into the gym to use the facilities without a membership, all of these memberships are for 3yrs. CONTRACTS - please read what you are signing. The worst part about this is that Bally is where the real scam is. Sometimes they have you sign the application under the pretense that it is a waiver or guest pass, etc. Sometimes you don't even see the contract you just agree to monthly amount and pay it. Yes, you can pay month-to-month with cash at Bally. However, if you set it up for auto withdrawl from your bank account you get a lower payment. I know that Asset Acceptance is collecting on these accounts, but rest assured that there are contracts with signatures. They do have them, Bally sold the debt to them and they own them. NO MATTER WHAT BALLY TELLS YOU THEY CANNOT CLEAR THIS UP THEY ARE TRYING TO GET YOU OFF THE PHONE. The only way that Bally can help is if this was truely cancelled properly which there are numerous steps for and is not easy to do. Also it has to be within 2yrs from when the sold it to AA for them to stop the collection. On this 1998 account they cannot help you. Rest assured that the Bally contract is a well written contract and Asset Acceptance WILL SUE YOU IF THEY CAN to get the money. Generally the statue of limitations on Bally contracts is between 4-6 yrs depending on the state you live in. In Canada it is 6yrs. Just remember that Bally will not let anyone use the facilities with out a membership, and that means a SIGNED CONTRACT, it is a loan that they give you. Look at your credit report, it shows as an installment loan. They have to run your credit before they approve you for a membership. I know it is hard to belive, but BELIEVE me it is true.

[quote=Angry Woman]Hi,

Does anyone know if asset acceptance llc has the right to pursue collections from someone who lives outside the U.S?? I'm Canadian and I've received a credit letter from this company regarding money I supposedly owe for a gym membership I had in 1998 with Bally Total Fitness in Canada. Unless I've suffered from a case of amnesia for the past 7 years, I never signed a contract. The truth of the matter is, I did use the gym facilities, but paid cash on a month-to-month basis - NO contract was ever signed!!! I contacted both the collection agency and Bally's and neither have been able to produce this alleged gym contract from 1998.

I'm completely frustrated over this entire situation...can Asset Acceptance, a US based company, really ruin my credit in Canada???

Thanks...[/quote]

Be careful here. According to fdcpa, all a collection agency has to do to satisfy debt validation is show who the original creditor was, the amount owed, and that they now are collecting the debt. As far as detailed account info, pmt history, etc. they are not required to provide that for validation, and in some cases don't have that info. Sometimes all the CA has is the final statement.

[quote=roxette]Hi AFarmer

Welcome to the forums. You have dealing with your debt collector in the right way by asking them to validate the debt. Make sure that all your correspondence with them is done in written so that you have a valid proof of your effort made for the payment.

If they fail to validate the debt, it will mean that they are trying to misrepresent your account. The details that they will provide about your account will include the following particulars:

• 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.
  

[color=darkblue][/color] :? I, too, have been bothered repeatedly by Asset Acceptance. Since Nov 2004, I have received 4 letters from them saying I owe 3,000 on a Bally's account. Funny thing, I have NEVER been to a Bally's! I called Asset and they reassured me that I wasn't the one they were looking for, that their computer just brought up all women with my name, so they tried all of them to get their money. The letters kept coming and in Feb 2005, they finally said they would put me on a do not contact list. In March, the woman they are after, showed up linked to my credit report! And her credit is all bad! It was so frustrating. It took calls to all 3 bureaus to get her removed. Now, July, I receive yet another Asset letter asking for the money! I will be furious if in a month, this debt that isn't mine shows up on my report again.

I have been bodybuilding since 1972 and after 15 yrs. Of training went pro after a total of 30 yrs. Of training. Married a jerk who disabled me for the past 10 months (to a wheelchair) and ballly's is telling me that they will report bad credit on my credit report for not only canceling because of my disability, but because I refuse to pay for my husbands part of the membership (which he never knew he had). Here's the kicker my husband and I have been in the process of a horrible, nasty divorce for the past year and 1/2- I have no income, alimony, or child support and they are expecting my disabled ass to pay for him!! There's got to be a law here!! Anyone having any legal or helpful information for this problem. Please help me if you are out there!!

siverson2 - Everything has a legal approach and the Bally's cannot claim for the debt just like that. They will have to legally produce all the details of your account showing the complete calculation.

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

Did you check your credit report from the three bureaus? Please see the status of this account in your credit report from which you can decide your next step.

If this account is not shown in your credit report, you do not have to worry about this debt. Also, the Statute of Limitation for legally collecting the debt is also over. You can let the collection agency know about this. They just are required to stop contacting you here otherwise you will take legal action against them.

You can enter into free counseling with this company and let the trained consultant work on your behalf. He has handled a similar situation of mine very tactfully and now I am leading a very peaceful life. Just enter your contact information completely.

Maybe instead of trying to file a suit, you should focus on paying your delinquent bills on time...Take it from a former debt collector, once one [ debt collection company] goes down, another one comes up and your debt will simply be transfered, falling through the cracks....this includes letters, calls and "conveying information through any medium"... in summation...pay your bills...or work out repayment plans,....remember you can always negotiate with these companies...they buy this debt and pennies on the dollar, so paying such debts off would rid u of a headache, and make them happy too...

I am glad that i found this site. I am being sued by asset acceptance for 5 year old credit card debt from providian visa. I don't remember ever having a providian credit card. I have a pre-trial hearing on 08/17/05 that's in three days. I have done some researched and i know that the statue of limitation has expired on an open-ended contract. I don't know why they are trying to sue when they know that the statue of limitation has expired. I have not responded back to them. I am going to to court on wednesday to the pre-trial. I feel confident about it because i know the statue of limitation has expired. I am not sure me not responding back to them was a good idea. the reason why i did respond back to asset acceptance is because i know that the statue of limitation is over. So i am going to go court and prove that to the judge....

mrthoro77

Pulling your credit report from the three bureaus will also make you confirmed about the expiry of SOL of the said account. You can show that to the judge.

All the best

Quote:

Hi

Welcome to the forums. As this debt is past the SOL period, you don't have to worry much because the collection agency can't force you to pay the said debt.

Also, it will be wise to update your current address with the credit bureaus so that you are informed about all the activities.

Regards
Roxette

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Is your new address updated with Equifax, Experian and TransUnion?

If you are staying in Canada, then you won't have to do it because their fdcpa laws are different.

yes, i just had a credit report done with equifax in july because i applied for a credit card... and nothing of this sort came up on it.

i think i'm going to start checking it regularly though.

how often should one check their report?

Every one should check their credit report regularly to prevent any misuse of their accounts and thus protecting from any sort of identity theft.

Few days back, I wrote one article stressing on the importance of checking credit report. Please read it in the following link:

http://forums.debtcc.com/forums/about3565.html

Regards
Roxette

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.