Advice on Dealing with Asset Acceptance
Date: Wed, 06/27/2012 - 22:32
To make a long story short, I had worked out a payment plan with Asset Acceptance about 4-5 months ago to finally get my judgement paid off. After making payments for a few months, I realized that I had received a letter from Fulton, Friedman and Gullace stating that they were taking over collections for AA and anything that was worked out with AA would be honored by them. I never received any letters from FF&G after that one, but I got monthly notices from AA of when they were taking my payments out.
I started to notice odd things about AA and FG&G...like how on two letters I received from both companies on the same day, it was the same collector that was apparently working for the same company...or how AA was giving me a phone number on their letters that was no longer in service and gave me FG&G's number.
My problem with them lies in the fact that I never worked out a written contract for payment with them. I verbally told them when to take the money out (and they told me that I had to come up with $500 down to start making my monthly payments) and in their letters, they state if I have any problems with making a payment, to give them a call. Sounds like they're going to be helpful right? Wrong.
I've missed no payments with them whatsoever so I decided to give them a call and see if I can postpone my payment by two weeks so I can catch up on my rent. The Asset Acceptance number gave me the number for FG&G so I called them. The lady with FG&G pulled up my file, I asked if there was anyway that I could postpone my payment and I was told I was not allowed to miss a payment. Then I was told I could use a one time half payment but I'd have to make up the rest on my next payment. Sure.
How can AA pull something like that? I worked out the payment plan with them and only them. They own the debt, I only want to work with their collectors, not FG&G. I can't even get ahold of AA. I'm not even 100% that FG&G's "collectors" aren't AA collectors lying about who they work for. I'm still working hard on trying to catch up on my rent (and I"m soooooo close). If I can't get ahold of AA and they continually refuse to give me what little leeway I'm asking for (and I'm not asking much), is there anything I can do? Considering I came to them and arranged payments and I picked the dates, can I make them change it...or if worse comes to worse, can I tell them they're no longer given permission to withdraw payments from my bank account and I'll mail checks...interest or not? I'm just getting really aggravated with how they let me arrange payments and then just choose to not deal with me.
That's what I was thinking as I only really need to postpone one
That's what I was thinking as I only really need to postpone one payment. My problem lies in that FG&G is nice until I dare try to ask for them to postpone my payment by *gasp* two weeks. Then they get all snobby and apparently I only get to use the half payment help once and only once. Guess it doesn't help that I've already sent them over a quarter of what I owe and what small favor I'm asking is to keep a roof over the head of my family. That $500 down payment on starting monthly payments is what did me in. Guess that's what I get for wanting to start being the good guy and paying off my debt I guess.
You kind of have to take the good with the bad here - its their
You kind of have to take the good with the bad here - its their job to be hard asses about payments. Literally their job. The fact that they were willing to compromise at all I would say is a good thing - hell, they could have told you a hard "no". As far as the issues of dealing with AA vs the second agency, debts get sold and reassigned all the time - even when there is already a judgment. Even when there is already a payment plan! My cap one account just up and ran off to another law firm a few weeks ago! They gave me a small hard time about the payment plan i was on (again, that's their job - to get more money), but I remained calm and it worked out. Seems like you've been pretty calm and willing to compromise too, so good for you.
Usernameislame is correct. Selling off accounts happens all the
Usernameislame is correct. Selling off accounts happens all the time and it's perfectly legal.
Secondly, you have to look at this from the collector's point of view for a second. They've heard every excuse in the book for people trying to get out of paying their debts. Your case isn't special to them and they don't care if you are having trouble paying other things. All they want is to get paid. Period. That's their job.
They're also going to be looking at the fact that (a) you already defaulted on the debt (e.g. didn't follow through on your agreement to pay) with the original creditor so, (b) why would they believe you're going to stick with this agreement?
That's why they're antsy when you want to postpone your payment. They just want you to pay as agreed. Period. They don't want excuses or to make changes to the agreement.
Regarding the "no writtent agreement" comment, it doesn't matter. You did have a verbal agreement and they very likely have it recorded. Many collectors will hold you to that agreement to the letter, especially if it's a settlement agreement. Specifically, any missed payment, late payment, etc. will negate the original agreement and make the full balance due immediately.
The only thing you can do is keep at them.
In response to the last two posters...AA did not sell the debt.
In response to the last two posters...AA did not sell the debt. FG&G is collecting for AA. AA was working with me and then out of nowhere, their collection number started referring me to FG&G even though payments are still being withdrawn by AA themselves. FG&G is a secondary collector for them. I'd be less worried if not for the fact AA have been liars from the start. They tried to lie and say I didnt have to show up for mediation. I did anyways and they never told the mediator or his guy in AA that we had a deal. If I didn't show they would have gotten a default judgement from the get go.
Sold and assigned are two separate things, hence our confusion.
Sold and assigned are two separate things, hence our confusion.
So they assigned your debt to another collector. It doesn't really matter.
You just have to keep at them. Keep talking to different people at the agency. Sometimes it just depends on the person you talk to and the timing.