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Asset Acceptance Complaints - Know more about them

Submitted by on Thu, 05/26/2005 - 20:18
Posts: 202330
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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...


Asset Acceptance is terrible company! My brother had a past due amount of $900. Whatever he didn't pay he would have paid and that is his problem. They have all of suddenly called my cell phone and had said they're collection company and I must pay the debt of $900. I had no idea what they were talking about at first so I checked my social security number and it was same with mine. I asked my brother if he had put my S.S. # and he said no. Very frustrated, I have checked my credit report online. And there it was, my good credit all of sudden messed up because of it.

:cry: Now I have poor credit and I have no idea why they are doing this to me! My brother nor I have given them MY S.S.# OR MY INFORMATION AT ALL!!!!! Are they allowed to do this by the law?! I don't know what to do! Please help by telling what I should do!!


Submitted by on Thu, 12/22/2005 - 23:30

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Hi Kim

Welcome to the forums.

You need to handle this situation in the proper and legal way otherwise the debt collection calls will continue at your end. Since someone has already used your SSN# and acquired credit, you need to collect evidence that were used in the crime. For example, the social security number and the last name, the address/phone number that were used when the crime was committed. You need to gather some information so that the law enforcement agency can take specific legal actions.

File a police complaint at the place where this crime took place. It is very necessary to inform the matter to the police as you might have been a victim of identity theft.

Inform the original creditors about this identity theft. You will have to show the police case number for this purpose or sign the fraud affidavit. Send a copy of it to the collection agency as well. They are required to stop calling you after receiving your letter.

Write a letter to the credit reporting agency and inform them about this fraud. You can place your file under review for fraudulent entries so that it can be challenged and ultimately removed from your file.

Cancel the accounts that you suspect to be used in doing fraud. You need to notify your financial institution about this matter so that they can take appropriate actions.

Visit your local Social Security field office. Explain the situation and request them to change your SSN#. Show them each and every proof you have of this identity theft. They will review the matter and will make their decisions. There is no fee.


Submitted by roxette on Fri, 12/23/2005 - 13:37

roxette

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I received a "debt due" notice for Montgomery Ward??? from this"law firm" representing asset acceptance llc I called the number1-888-571-1190. The third person I spoke to (after being told 'they have my social security number' and "then someone is using your social" was an upstart and left me feeling violated. I NEVER used a Montgomery Ward Store (I am in Boston area) and NEVER would give my Social Security Number over the phone AND my hard credit report shows nothing in 1997. My score is over 800 and that is with TWO ERRORS even. I am totally frustrated and fear for those Elders who will have sleepless nights, health problems and possibly worse over this...not to mention the prospects of someone retired going without necessities to PAY THESE UNOWED DEBTS . Help!


Submitted by on Fri, 01/06/2006 - 16:55

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ForeveryoungMI,

Has the company sent you the details of the debt in writing? Since you have never used a Montgomery Ward Store, simply place it on dispute with the agency. Your credit scores are very good. Monitor your credit report regularly. This company might try to hit your file. Do not let them do so, otherwise your scores will fall down.

Your only way out is to dispute with the agency. Keep everything documented so that you have proof of all your correspondence. Send your letters through certified mail with return receipt requested. Take some legal advice and if you are unable to resolve the matter, look for some professional help. This site offers counseling free of cost.


Submitted by ben on Fri, 01/06/2006 - 17:06

ben

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Thank you. I am annoyed that I must contact them at all! This takes time out of MY LIFE (our lives) to fool around with the Tom Fooleries of this world. I guess, at your suggestion, I must write to get the FRAUDULENT details. What is your take on class action suits? Shouldn't these people be stopped? Thank you again and Blessings


Submitted by on Fri, 01/06/2006 - 17:27

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Does your reference to "Agency" mean the "Law Offices" who sent the letter?


Submitted by on Fri, 01/06/2006 - 17:44

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To Mrs Robinson I am with you on a lawsuit against Arrow I have tried to get the people here in Dayton Ohio but they are afraid to call me back for they think I am a part of Arrow they are Wall street people and they buy old charged off accounts and put it on your credit report as if they gave you a loan I really want to sue them. I do know that there is a lot of lawsuit against them and case was won I do know that Joanne Faulker did a class action lawsuit in Connecticut and won for 78,000 debtors. Please get in contact

email address removed as per forum rules. Phone number removed for your personal safety - Vikas


Submitted by on Thu, 01/12/2006 - 08:11

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I have excellent credit - 775. I got a letter in the mail on Friday from Asset Acceptance Corporation stating I owed some $291.82 to WFNNB/New York & Company. I immediately called because I thought my ID had been stolen. I was informed that this was an account I used to have and in 1993 I charged something in December and paid $100 in January of 1994. They didn't tell me my original balance, but said that I owed the money because I was paying 18% interest for the past 12 years. I have never had anything written to me regarding this account. I think it's a scam. I DID have an account with something similar when I was 18 or 19, but I know I've paid everything off. Does Asset have any right and what can I do to fight this?


Submitted by on Mon, 01/16/2006 - 12:33

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bossyjones

Write a letter to Asset disputing this item and request for a verification with the original creditor. They have to verify your dispute with them and give you the legitimate proof that you owe it. Besides, since they mentioned that the last payment was made somewhere in January in 1994, this debt is automatically past the SOL period.

Once the statutes expire on a particular debt, you are outside any legal actions that can be taken against you. So, dispute on the basis of SOL will also be helpful to prove your point. Keep in mind, any payment agreement or a payment to this account will renew the SOL from the beginning. Then, you will have to accept this debt legally and make the complete payment if directed by the court.

Your possible recourse at this point is to place the item on dispute. Send your letters through certified mail with return receipt requested. You will have proof of all your actions taken in resolving this matter.


Submitted by david on Mon, 01/16/2006 - 13:19

david

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I am being hounded for an account that they had bought from some other agency that was settled as part of a personal injury law suit back in 1990. I have disputed this with them and they still hound me for payment. Today they had the nerve to send me a notice stating that they would accept 50% of the original balance, and that I should consider using my tax refund to do so. How do these people know if you are recieving a refund or paying uncle sam?

I would love nothing better than to see these people put out of business, and would be one of the first in line to file in a class action siut.

Joss


Submitted by on Tue, 03/21/2006 - 12:22

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Quote:

that was settled as part of a personal injury law suit back in 1990.

Do you have any documents of the settlement you have mentioned here. You can produce copies of the original papers to show the account is settled already.

What type of debt is it? It seems you have paid it in 1990 last. So the SOL of the account is supposed to have expired already. In that case, you can deny paying it. Keep us posted.


Submitted by stanley on Tue, 03/21/2006 - 13:10

stanley

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I have a question. I am being sued by these people from bally total fitness. I have cancelled my account with them years ago (6yrs). They said they have no records showing this and I called asset acceptance for a copy of my file amd they said they gave it to their lawyer. I don't understand? What should I do where do I begin.


Submitted by on Tue, 03/21/2006 - 13:45

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Mrs. Minervini,

fdcpa gives you the right to ask for some written documents. Send your request through CMRRR. Once they receive this letter, they must validate the debt, otherwise they cannot start collection activities. If they cannot validate, you need not pay them.

Now, have you contacted the original creditor? It would be of much help if you can show some proof of canceling the contract. Anyway, you have said that you dealt them 6 years ago. Do you know the statute of limitation of your state? If the debt is past SOL, no legal action can be taken against you. Do let us know if you need any more information.


Submitted by stanley on Tue, 03/21/2006 - 14:56

stanley

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man, this company is UNREAL. They have an entry on my Experian CR. They called me once, and explained to me that the account was mine, but it is in a different name. Thomas Pachelli or something like that. It's odd, however, that my Bally account is still active. I was in the gym the other day. Bally's corporate HQ has been no help. AA wants me to prove it's not mine... My response was to prove it's not YOURS. You can't prove a negative... GEEZE! It makes me want to drive out there and stuff sweaty, smelly, raunchy socks, which I wore while using my "active, in good standing" Bally account, down their collective throats until they dry heave themselves into a cold sweat. What is it in a person's personality that makes them become a collection agent? Was it poor parenting? Parental molestation? Perhaps just plain bad manners... :twisted:


Submitted by on Fri, 03/24/2006 - 18:28

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Guest--We can't lump all collectors into one category..They're not all so bad. It's just the select few that makes us want to pull our hair out.

I'm sure it was a lack of other employment available that made most of them become a collector.

Asset Acceptence will try to pull the wool over your eyes, but just stand firm with them and they'll back down. I'm dealing with them as well. I had educate my lady on the fdcpa rules on calling my home after I say NO by sending her her very own personal Cease and Desist letter...


Submitted by Jessi on Fri, 03/24/2006 - 18:33

Jessi

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Jessi, I suppose you are right. I don't really mind being harassed if I owe the money. But when the clown on the other end of the phone tells me it belongs to Thomas Pachelly, and my name is not even close to that, it kind of irks me. :)~~


Submitted by on Fri, 03/24/2006 - 18:48

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All of you that are complaining about past due bills just need to shut up and pay them, dont sit there at home and type on your computers that you need valadation just be a man or woman and pay them. You know that they are yours, oh and for the record it doesnt matter if it has been over 5,10,15 or 40 years if you bought something and didnt pay for it then you still owe it! Dont be a dead beat debtor oh yea "this is an attempt to collect a debt any information we obtain will be used for that purpose."


Submitted by on Fri, 03/31/2006 - 20:22

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There is no problem with sending validation the only problem is that the debtor cliams that the validation is not legit, that is just a 30 day window for most debtors to think of another lie or stare at the calendar hoping they wont recieve a letter in the mail. I work in the legal department of a well known collection agency, and i know every states statute of limitations most states are 10 to 15 yrs, it only stays on the credit reports for 7 yrs just thought you might want to know mwtn.


Submitted by on Sat, 04/01/2006 - 14:48

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Quote:

oh and for the record it doesnt matter if it has been over 5,10,15 or 40 years if you bought something and didnt pay for it then you still owe it!


I would like to refer you to your employeers code of business conduct media.corporate-ir.net/media_files/irol/14/148416/corpgov/conduct06.pdf

I would also remind you once a bill has passed its stautory limits, any legal obligation to pay ends unles certain actions as outlined by law re-start the SOL clock ticking. Asset Acceptance is one of the worst offenders of the fdcpa, and will stop at nothing to trick consumers into restarting the SOL on time barred accounts.

Why is Asset Acceptance suddenly so interested in this forum anyway?


Submitted by LCW on Mon, 04/03/2006 - 09:57

LCW

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ok so you are saying that you have not paid your bills in more than 5 years, you people are the ones who tape record and TRY to sue debt collection companies i hate to burst your bubble but it would be the hardest thing in the world to sue a large debt collection company just because they failed to provide you with original docs. they are not needed to sue you. and yes there is a statue of limitations but i never said i would sue you i just said that i would attempt to collect a debt that was 15+ yrs old. you take the fdcpa way too seriously if you mess with the wrong company you may get burned. Why do you say that Asset Acceptance is the worst ones...how many accounts have you not paid to deal with them so much. My company buys the unpaid accts from them so maybe i should find out your whole name.....how many will i find


Submitted by on Tue, 04/04/2006 - 19:28

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I hate to burst your bubble Iola, but in my state if one were not to pay one's bills for 5 years, you'd be out of luck. The SOL here is 4 years, and there is the additional Texas Debt Collection Act, which applies to original and third party collectors alike. It also says that one may dispute a debt at any time, not just the 30 days referred to by the fdcpa, and that you must respond within 30 days, not six months with a boggus affidavit. You said that your company buys debt. That's a whole other picture. 1) no one morally owes your company anything, 2) your company would not be able to provide competent proof that there is some contractual obligation for the alleged debtor to pay them, 3) Asset Acceptance has been fined in record amounts by several states' attorneys general for violations of the FDCPA. Enough said. If anyone is contacted by this company, send them a cease communications letter (return reciept).

This is my final response to Iola, who indeed seems the stereotypical junk debt buyin collections employee. 1) uneducated, 2) believe what her employers tell her about the law, 3) couldn't get a job at McDonalds so chose the advert "collectors wanted" and sought it out.


Submitted by on Tue, 04/04/2006 - 22:07

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Quote:

i hate to burst your bubble but it would be the hardest thing in the world to sue a large debt collection company just because they failed to provide you with original docs. they are not needed to sue you.


Ummm, yes they are required to sue. Many CA's have been fined, reprimanded or had cases thrown out of court recently because they did not have such documentation, or they had fabricated documents (i.e false documents they drew up to try and bolster their case). Use of false or fabricated documents is perjury under the laws and could also be punishable under contempt of court or other charges as the court sees fit.

Quote:
yes there is a statue of limitations but i never said i would sue you i just said that i would attempt to collect a debt that was 15+ yrs old.


And no one here said you couldn't ATTEMPT to collect on these loans. But that is all you can do, and it must still be done in accordance with the law. Only the ethics of tricking and scaring people into restarting to SOL so you have legal recourse has been called into question.

Quote:
take the fdcpa way too seriously if you mess with the wrong company you may get burned.


Actually it seems you and your employer don't take the FDCPA and FCRA seriously enough.

They are laws. Not a guide lines or suggestions. As with any law, if you choose to violate it there are consequences in the form of fines; and in some cases (Camco comes to mind) your company being shut down by the Government.

Asset Acceptance is Publicly Traded company. This actually puts them under the microscope. All it takes is one person with one share of stock at the shareholder meeting to start a major problem. Ask Kennith lay and Jeffery Skilling (Enron).

As a publicly traded company, they need to make sure ALL activities are in strict compliance with ALL STATE AND FEDERAL LAWS. Failure to do so could cause the stock to be delisted from the exchange it is traded on (Nasdaq) and hence , cut of the flow of money to buy more junk debt to collect on to show to the investors to try and get them to buy more stock to give them more money.. See how the problem snow balls? Who would be burned then?


Submitted by LCW on Fri, 04/07/2006 - 05:50

LCW

( Posts: 1151 | Credits: )


The statute of limiations of this is 7years and 7months. They cannot collect or report the debt after this time. Company's are fraudulantly re-dating old accounts in attempts to collect from those who don't know the Credit Protection Laws. I get a letter like yours at least 2-4 times monthly. You can sue them in small claims for damages and they are well aware that what they are doing is not legal. I'm a Mortgage Broker with lot's of info on Credit and so forth. You are welcome to email if you wish for further info

Email deleted as per forum rules-Mike


Submitted by on Mon, 05/15/2006 - 20:59

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HEY LOLA!!!!

I owe lots of old debts. ...maybe $45,000 worth of old credit cards visas, mcs, discover, sears, penneys, shell, dillards,,,,,,,

and I am movin to texas where you CAN NEVER GARNISH MY WAGES.


Submitted by on Tue, 05/16/2006 - 02:04

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:evil: Bally's is a rip off. They offered a membership to my 15 year old daughter and told her to charge it to my account for a free trial for $5.00. They proceeded to debit my bank account for $75.00 a month. I immediately notified them and they told me the money would be returned to my account and I nevered received my money back. I sent them a copy of my daughter's birth certificate, copy of my driving license. I nevered heard from the creeps and I even called the coporate office. Then I see they sent it to collections. I disputed this on my credit report because my daughter is a minor and she didn't have authorization to charge anything to my account. They set up shop in the malls and they approach young girls and make them think something is wrong with their body. This is such a scam!!!!!!!!


Submitted by on Wed, 05/17/2006 - 16:47

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Here is one crazy story. Well, my family went into Ballys to sign a family member ship and I had to work. The following day I had heard enough about this Ballys gym so I decided i want to sign up too. I went to the gym on a guest pass and they tried to persuade me to buy a membership. Instead I only agreed to trying it out for 30days. When I came back to see if I can cancel the 30day trial they told me that I could not because I had only shown up for 9day and i need 12day to cancel. But my problem is that I never agreed to the contract only the 30 day trial. How do I get myself out this contract from hell? I work full-time and go to school part-time and have a home to maintain. My Priorties come before this gym.


Submitted by on Mon, 07/10/2006 - 13:09

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My issue with Asset is over a Gateway computer that was returned. I have letters from both Gateway, and the bank that actually financed the computer confirming that 1)m the product was returned to Gateway and that 2) the money was returned to the bank by Gateway. It took another 30 days or so after that to get the debt to the bank taken off my credit reports, and now I have Asset saying that my balance with them is from 2005, when the account they bought was opened in October of 2000. Even if the debt WERE valid, it would be coming off my report in another few months.


Submitted by chelleybelly729 on Sat, 07/29/2006 - 22:01

chelleybelly729

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OK so I finally came across this forum and have the same issues most of you have with Asset Acceptance collectors. They are saying I signed a contract for 2 years over 11 years ago. I sent them a copy of that letter that was attached in page 1 of the forum and not sure what my next action should be to clear up my derogatory credit that these con artists have given me. They actually have stopped calling me but I will be interested in purchasing a home soon and dont wanta deal with this headache.

Thanks,

Aggravated and Annoyed


Submitted by on Mon, 07/31/2006 - 20:20

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Hello,

I, too, am having the WORST time in dealing with Asset Acceptance. My husband bought himself and I a membership(what we thought was pay as you go) in February of 2000. One month later (with neither of us walking through the door) I became pregnant. I had early complications and was put on bedrest. My husband went into Ballys and explained the situation to them and they said there was nothing we could do. He told them to stop charging our card, and they refused. We contacted the main office and they stated that it was past our 3 day allowance to sever the contract and there was nothing they could do. We closed our checking account and here I am 6 years later at $7200.00 An original debt of $1800.00 .It is SO ABSURD to me that they are allowed to do this. They should not be able to ruin our lives for a stupid spur of the moment decision to lose weight. And HOLD us to this piece of paper that we signed although we NEVER set foot through the door again after signing it. Its not like I abused them and used their facilities for 6 years and never paid them. I NEVER USED ANYTHING! It blows my mind! Anyhow, I just found out today that they filed a judgement against us in 2003. I had NO idea this existed. How can they file a judgement and not serve us? Now the statute of limitations has run out, but the judgement remains... What do I do? How can I prove I never recieved the summons? Do they legally have to serve us? Or at least send a certified mail? They also told me they sent me atleast 8 letters. NOT a one did I receive. I hate them. We are in New York, Kings County.

Thanks for any help you can offer up!:x


Submitted by on Mon, 08/07/2006 - 20:34

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I signed a contract with Bally's in 2002 and soon after suffered a miscarraige. I canceled my membership according to the terms on the back and with the help of the Bally's salesperson. I had never got my membership cards and I sent the letter of cancelation as per the contract agreement. Now it is on my credit report from this asset acceptance llc. I was contacted by them a few years ago and I explained to them that I had canceled and they refused to believe me or aknowledge that it is written in the contract. I never received anything in writing, just them threatening legal action and that they had contacted my parents, which makes no sense b/c my parents denied it. So now I don't know what to do. There is no contact info for them on my credit report and they don't care that I canceled anyway. I don't have copies of anything from Bally's b/c I thought I was done with them and through everything away.
What are my options now?


Submitted by on Mon, 08/14/2006 - 10:28

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I received a letter requesting whether an estate was or will be probated for my deceased mother in law who was a medicaid patient in a nursing home for years. Whatever debts she had were almost 10 yrs ago. She has been dead for over a year, has no assets or property. Should I respond to their inquiry? This is an attempt to collect a debt. She had credit card debts prior to going to the nursing home. Thank you.


Submitted by on Thu, 08/17/2006 - 08:02

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Hi, my husband is also having an issue with Asset Acceptance right now. After reading all the posts here it's good to know that we are not the only ones. We have followed the guidelines here and sent a certified return receipt letter asking for validation of this debt. Does anyone know how long it usually takes them to respond? We sent the letter out on August 9th and as of today we haven't even gotten the return reciept back. We sent the letter to the street address in Warren, Michigan that is posted on this site. Is that address still valid? Any knowledge that anyone has will be greatly appreciated. Thanks.


Submitted by on Mon, 08/21/2006 - 17:32

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I open account with Bally's back in 2001 thinking it was a month to month. Stop going and talked to facility director he said he could not help because I had signed a 3 year contract. Spoke to district manager and no help there. I called corporate Ballys to place a complaint with that facility and how they lie to the customers about their so called month to month plans. They tried to collect up until nov of 2001. Then allied interstate took over in April 2002 and I sent a letter of dispute. It stop for while then in Feb 2004 I got another letter this time from Financial Credit LLC. I sent another letter of dispute. Ever since then I have been receiving letters of offers to pay 1/2 and be done with it by Asset Acceptance. 4 months they called me at work and told them never told call me at my place of work again. I just got credit report it from Trans Union and Experian and they both first report as of January 2004 is this correct? I would think it should be back end of 2001 or April 2002 when it was first placed with Allied. If so I should be safe within the SOL to recover in the state of Texas. I thinking of buy house in the future what is the best plan for solving this issue?

Thanks for you help
RM


Submitted by on Tue, 09/12/2006 - 13:51

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RM, it sounds from everywhere that allied interstate purchases all the files from Bally's fitness. Most of them are disputed or run out of the individual state's SOL. In Texas, the SOL is valid for 4 years. Check your last payment date to confirm whether you are still within the legal collections. If no payment has been done within the SOL timeframe, send a cease and desist letter and mention the expiry of the SOL. The CA will legally need to stop all collection attempts on you. Know more on Allied Interstate and their illegal collection tactics here.

http://forums.debtcc.com/allied-interstate.html


Submitted by PassionHunting on Tue, 09/12/2006 - 14:41

PassionHunting

( Posts: 512 | Credits: )


PassionHunting,
Thanks for the prompt reply. The current problem is not allied interstate, it is Asset Acceptance they took over the account for the past year or so. So let me get this clear my delinquent debt is based on the last time I payed Bally's or the first time it was put to collection? Guess better understanding of this will let me know where I stand with the SOL.


Submitted by on Tue, 09/12/2006 - 14:57

( Posts: 202330 | Credits: )


SOL is entirely calculated from the date of last payment activity. If any collection agency says that the SOL renews from the date of reporting done by them, they are misleading you to get a small payment from you. If a small payment happens on the account, the SOL will get renewed and this is what is intended by the majority of the collectors.

File a complaint with the FTC against Asset Acceptance and the credit bureau that are trying to keep inaccurate negative information in your credit report. Put the same complaint with the attorney general of your state. Here is the link to file the complaint with the FTC.


Submitted by PassionHunting on Tue, 09/12/2006 - 15:07

PassionHunting

( Posts: 512 | Credits: )


PassionHunting thanks once again for the info. I just checked my records and the last payment was April 2001. So the SOL has passed on my debt correct? So now I should call all 3 credit agencies and place dispute against Asset Acceptance based on the fact they have the wrong the date for my debt and that my debt is past the SOL. Then send a cease and dessist letter to Asset Acceptance(copied the template from another forum here). Thanks once again


Submitted by on Thu, 09/14/2006 - 09:02

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I'm being sued by LLC assett acceptance from bally total fitness they are even garnished $250 out of evey paycheck. they claim I owed them $3350.00 plus legal court fees. I cancel my memebership within 30 day trial but ballys has no record. I move from NY to FL and I can't find my record I don't know how to prove it. please help. I'm a student trying to pay school loans. my email is email address removed as per forum rules - Mike
if you have any information please I would greatly appreciated.


Submitted by on Thu, 09/28/2006 - 13:59

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