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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...


SOL in California is 4 years. Asset Acceptance is not licensed to collect in the state of California and the California Bar Assoc has no Mitchell N. Kay in there records as having or ever having a law license in California.

Definetely send Asset and th lawyer ad DV letter and make them prove the debt. you can find a good letter on this site.


Submitted by on Mon, 02/11/2008 - 20:19

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Darcy--

cellular is correct--there is no attorney by that name legally allowed to practice law in CA. Could you post the address that this law office uses as their own, from the letter? I would like to check some other things out for you on that.

I agree with the DV letter, but at the same time, if they made this much up, they can make other things up too. It has been done before--collectors claiming to be attorneys, etc etc. If this lawyer is using a california address, then it isnt a real lawyer. Plus, I can find out info from the state he claims to be from, if outside CA.

But bally's is a mess. I dealt with them myself, some years back. The contract I had was cancelled, and I never went back to their gym again. But a couple years later they wanted me to pay them a large amount of $$$....and it took me quite a while to finally get them off my case. They arent the sharpest tool in the shed, I'll tell you that much....


Submitted by skydivr7673 on Tue, 02/12/2008 - 11:07

skydivr7673

( Posts: 2036 | Credits: )


Skydivr and cellular,

Thank you for your quick responses! I sent off a letter to prove debt, SOL, and a few other things with a letter on the site. We'll see what comes of it. BTW, the address I mailed to was in NY (The law office) Also, does anyone know what P.C. stands for (As in The Law Offices of Mitchell N. Kay, P.C.)?


Submitted by on Wed, 02/13/2008 - 06:25

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Darcy--was this the address?
??
Mitchell N. Kay is a member of the NY bar Association. However, he is NOT licensed to practice law in California, where you live. There isnt anything in New York, as far as I know, that can be done, but you CAN contact the California Bar association and inform them that this attorney is trying to operate within California, where he is not a member of the Bar. An attorney is required to be licensed in each state he wishes to practice in. And this one clearly isnt.
OK, P.C. simply stands for "professional corporation". Attorneys use that because their corporation is subject to more strict rules than a regular corporation, because they are lawyers and must submit to a code of professional ethics.
Also, go to budhibbs.com and look up both Asset Acceptance and Kay, Mitchell N. under the heading "Agencies to avoid" at the top of the page. Both of these are bad news, they dont follow the law. I highly recommend that you go to that pag and read up on the info there to protect yourself as much as possible.
If this was happening to me, I migh push harder than the average bear because I have a serious problem with people like this. If it were me, I would send off a certified letter telling them that they are to only contact me by mail. That way, you have everything they try to tell you in writing. You can count on these people breaking the law, they have made a living out of doing that. You sending the DV letter was a good step--let them prove their claims to you. I would immediately check your credit reports-both this collection agency and this lawyer are well-known for illegally changing the dates on your credit file, so it looks like the debt would still be within SOL when it really isnt. If you find anything like this, feel free to post about it here and we will help in any way we can.


Submitted by skydivr7673 on Wed, 02/13/2008 - 09:13

skydivr7673

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Skydivr, That is the NY office address listed. The mailing address is listed on the letter as PO Box 9006; Simthtown, NY 11787-9006. I did send the letter certified with return receipt requested as you suggested and the letter I sent also requested contact in writing only.

You said, "Mitchell N. Kay is a member of the NY bar Association. However, he is NOT licensed to practice law in California, where you live. There isnt anything in New York, as far as I know, that can be done, but you CAN contact the California Bar association and inform them that this attorney is trying to operate within California, where he is not a member of the Bar. An attorney is required to be licensed in each state he wishes to practice in." How would you suggest I go about doing this? Letter, email? Any specific addresses or formats to follow?

Thank you for the info on P.C. and the rest. I'm off to the site to read up now. I appreciate all the help so far!


Submitted by on Fri, 02/15/2008 - 22:28

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In the letter, it refers to:
Quote:

Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission


Where can I get a copy of this?

Renelle


Submitted by on Sat, 02/16/2008 - 08:47

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Yes, you can file with NY state bar, but he hasnt broken any laws in NY--he is trying to practice in CA, and hasnt followed CA law in the process. I would contact the NY bar association, but I wouldnt be surprised if they cannot do much. One state cannot impose its laws over the dealings in another state, and the NY bar association is likely to only consider what he does within that state. He is bound to their code of ethics, in their state. This is why each state has their own such organization--because one state's bar cannot do anything in another state.


Submitted by on Sun, 02/17/2008 - 01:22

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Yes, yet in the attempt of practicing law in a state where one is not licensed to will negatively reflect on that firms reputation with their home state Bar Association. If they get enough complaints it will only take one straw before people may start getting disbarred. It's happened before.


Submitted by JCEMT on Sun, 02/17/2008 - 04:36

JCEMT

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I'm a bit confused as to the hows of this all though. How do I go about filing a complaint? Do I send an email? Write a letter? Is there a form/template? Should I complain to the CA bar or the NY bar? (Their letter says "admitted in New York and Washington, D.C."...should I complain the the DC bar too??) Thanks in advanced for your help!


Submitted by on Thu, 02/21/2008 - 21:47

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This company is a nightmare!!! I moved out of an apartment in Texas back in 2001 and my apartment manager tried to hit me up for charges I didn't owe. I never heard back from the Apt management company. In late 2006, I recieved a collection notice from Asset Acceptance stating I owed them $231.23. I tried to get them to send an itemized bill, but got only the lump sum. I later tried getting information from the apt management company (AMLI), but they sold the property in 2006. It turns out that AMLI sold their uncollected or disputed debts to Asset Acceptance which gleefuly goes after these people like club welding cretons after baby harp seals. They trashed my credit and their clerk are the rudest POS I eve had to put up with. I'm a pretty big guy with a lively temper. I only wish they could speak to in person, as they certainly would have treated me with much better respect. Anyway, last year I challenged their derrogatory on my credit, and there was not challenge. However, last week I recieved another bill from these creeps. Although in California, I'm almost ready to pay them a personal visit and demonstrate what real fear is all about.


Yours Truly,

Rickey


Submitted by on Thu, 03/20/2008 - 22:25

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asset is suing me in court for a debt that they bought fromprovidian bank they would not accept my 25.00 a month
payment so i told them to take me to court.can they really put my home up for sheriff's sale for 3000.00 plus 1000.00 interest when i do go to court i am going with a 25.00 money order.


Submitted by on Sun, 11/09/2008 - 18:43

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No!

They can not take or lein your home [or anything else] for a credit card debt without first going to court and getting a judgement against you. If they told you they could, they're lieing, which suits their M.O. perfectly.

Did they tell you that? How? [phone call, etc.]

$1k interest on a $3k principal? Seems kinda steep to me... Tell me about your situation, please. Let's start with the state you live in, the type of account [a credit card, right?], and when was the last time you made a charge or payment on this account?


Submitted by unclewulf on Sun, 11/09/2008 - 19:13

unclewulf

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Hi, my name is Branen and I have a similar issue but may not have done the necessary research before agreeing to paying the debt.

Currently, I am making Monthly payments to Asset Acceptance for a Ballys account that went South. I have yet to see a copy of the notice from Ballys about the account moving to collections nor did I receive any telecommunications. Do these facts have any validity?

I asked the Asset account rep if they would exponge the account from my CR, but all she said was that she would list it as Paid In Full. Does my credit score go up upon payment or will it be the same?

I am tempted to rescinding payment on this account, but I fear that I may be hurting myself in doing so.

What should I do? I am 23 and trying to maintain a healthy line of credit and this has not been an easy account (or Collections Agency) to work with!

Please Email if you have any information that may be helpful. I will also check this forum soon for potential replies.

Thank you for your assistance and understanding!

Branen


Submitted by on Mon, 01/05/2009 - 19:27

( Posts: 202330 | Credits: )


Hi, my name is Branen and I have a similar issue but may not have done the necessary research before agreeing to paying the debt.

Currently, I am making Monthly payments to Asset Acceptance for a Ballys account that went South. I have yet to see a copy of the notice from Ballys about the account moving to collections nor did I receive any telecommunications. Do these facts have any validity?

I asked the Asset account rep if they would exponge the account from my CR, but all she said was that she would list it as Paid In Full. Does my credit score go up upon payment or will it be the same?

I am tempted to rescinding payment on this account, but I fear that I may be hurting myself in doing so.

What should I do? I am 23 and trying to maintain a healthy line of credit and this has not been an easy account (or Collections Agency) to work with!

Please Email if you have any information that may be helpful. I will also check this forum soon for potential replies.

Thank you for your assistance and understanding!

Branen


Submitted by on Mon, 01/05/2009 - 19:27

( Posts: 202330 | Credits: )


Hi, my name is Branen and I have a similar issue but may not have done the necessary research before agreeing to paying the debt.

Currently, I am making Monthly payments to Asset Acceptance for a Ballys account that went South. I have yet to see a copy of the notice from Ballys about the account moving to collections nor did I receive any telecommunications. Do these facts have any validity?

I asked the Asset account rep if they would exponge the account from my CR, but all she said was that she would list it as Paid In Full. Does my credit score go up upon payment or will it be the same?

I am tempted to rescinding payment on this account, but I fear that I may be hurting myself in doing so.

What should I do? I am 23 and trying to maintain a healthy line of credit and this has not been an easy account (or Collections Agency) to work with!

Please Email if you have any information that may be helpful. I will also check this forum soon for potential replies.

Thank you for your assistance and understanding!

Branen


Submitted by on Mon, 01/05/2009 - 19:28

( Posts: 202330 | Credits: )


Yes, file a complaint with the attorny generals office. Everyone, it just might work


Submitted by on Wed, 01/21/2009 - 12:58

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I am a former employee of Asset Acceptance. I don't know if this will help you out, but on April 1, AA is set to lay off around a dozen employees in the Compliance/Legal department. Many of them are expected to be workers in the Quality Assurance Department. In other words, these are the very SAME people who are supposed to be monitoring the collectors so that they will not continue to violate your rights!
Also, you should all know that people in the QA department have REPEATEDLY complained that their reports against offending collectors have gone unanswered! In other words, the QA folks say, "Here are the violations we found!" and the supervisors and various powers that be basically say, "We can't hear you!"


Submitted by on Fri, 03/27/2009 - 21:15

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I just received a phone call from ASSet Acceptance and hung up on them. I had a Bally's membership in 1999, and had to cancel it when I developed a tumor and had to stop teaching, not to mention I moved back home, which was 60 miles from Bally's. I did not owe them any money and now I am getting bills for over $3,000.
Should I send in my medical report to get these people off my back? Apparently this account has been bounced from one company to another in the past year.


Submitted by on Thu, 04/23/2009 - 18:15

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This company is a real joke! They not only treat their customers without respect, they treat their employees in a manner that is unheard of. Come in 1 minute late, you are written up. But forget trying to sign off 1 minute before closing, you are not going to do that or be written up. This crazy thing about a 7 minute difference will get their name written up. And remember the monthly goal...collect at all costs from people who are crying in your ear..old and feeble people who don't have a job, on social security, get their money for bills that are over 7 to 10 years old....or you are out the door! They have loud talking and loud music in your ears while you are talking with the customer and the customer wonders if a party is goin on...believe me, I know...how do I know this...being an employee...that is how...and oh yes, if you wonder if the person is real or not...fake names help to protect you from the debtor knowing who is harrassing them....nearly everyone has a fake name...and never pay what they say you owe...they will always discount it for you...sometimes up to 70 percent..


Submitted by on Wed, 04/14/2010 - 23:51

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get a copy of your bally contract.. on the back is the cancellation clause...get your doctor to verify your condition and fight the charges...you are not alone...there are many just like your situation...no one knows the bally rules but bally


Submitted by on Wed, 04/14/2010 - 23:54

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Hey

does anyone know what it means when this happens..I sent debt validation letters to Asset Acceptance about two questionable debts they claimed i owed. For instance they said i had a Bally's account in 05-07..i asked for the contract..several weeks later the person i talked to said they received the contract and would be sending it to me..what i received was a letter saying that after reviewing my credit report and their records and the original creditor and the imformation i gave them they are reporting the account as disputed..is that a good thing? my credit report said i had a Bally's account in 01, which i did but i ended it while it was still in its trial stages and received my money back less any weight loss products i used..the other account with sams club they sent their sorry excuse of a debt validation letter that doesn' verify anything or prove anything, but also the same thing saying that the account has been reported as disputed to the credit bureaus..


Submitted by Rayne falls on Thu, 04/15/2010 - 12:03

Rayne falls

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Send them another letter telling them that while they are in compliance with reporting the debt as disputed, they are not in compliance with validation as they have not sent you anything remotely like validation and it is unlawful for them to continue collections until they do provide proper validation.

Actually, you should check your reports, I am betting they are reporting it wrongly, dispute or no.


Submitted by goldenbast on Thu, 04/15/2010 - 13:43

goldenbast

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JusT received a letter saying they had filled a judgement against me for SBC (a phone Company bought out by ATT) Tried to find information from ATT who had nothing as this bill must have been from 99 2000.
When calling the company they told me I can optain a copy of everything through the court, and wont send me anything.
Called the court.they said the original bill is for $800+ dollars the bill I was sent says $1500+
Also said I was served @ a company I didn't even work for @ the time of being served, never got it!

So I never had my day in court, never knew about court, Never got served, Never was told about this debt. No one can/ will give me information on this debt/ or judgement,
They told me they "BOUGHT" the debt. Are not just collecting on it.
But I want proof of that!


Submitted by on Thu, 03/10/2011 - 12:34

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If you were never served then you go to the courthouse that issued the judgement and ask for the form to file a motion for improper service to have the judgement overturned! Thats what you have to do. Then if they try and refile then your defense is the account was out of SOL. But go to the courthouse to have it overturned, especially if you can prove they fraudently filed the case with improper service to a company you never worked for. It could get them in a boatload of trouble.


Submitted by on Fri, 03/11/2011 - 05:28

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My problem is assets acceptance has search the telephone book for names and thinks they have a match from initials--NOT. I have asked them not to call since we are not the folk but thru change telephone numbers and start over again. We do not owe anyone.:)


Submitted by on Wed, 07/06/2011 - 18:15

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