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We are being sued by Asset Acceptance for a debt we have over paid!

Submitted by christypar1 on Sat, 07/19/2008 - 09:42
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ok we bought a bow flex 7 years ago it was a total of 1'000$ and the monthly payments was $50 monthly but we over paid them in monthly payment in $200 a month so we could get it paid off faster this vowflex kept charging us late fee after late fee even thou we where paying $200 month now how is that late and now it been 7 years and they just sent us a letter saying they where sueing us for $ 3,077.12 vut the johnson law firm and that they where going to garnish is wages if he didn't pay court date is set for oct sometime they even served us papers that was bought to us by a police. I have papers showing we over paid some where. and I know that we don't owe them anything....


Make sure you check on the SOL in your state before you sign anything. Don't even sign anything the police brings to your door. If your SOL in your state is 7 years and your dept is 8 years old and you sign a paper given to you. Your SOL starts all over. That's what asshole acceptance told me.


Submitted by on Tue, 12/15/2009 - 17:23

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Quote:

Originally Posted by Anonymous
Make sure you check on the SOL in your state before you sign anything. Don't even sign anything the police brings to your door. If your SOL in your state is 7 years and your dept is 8 years old and you sign a paper given to you. Your SOL starts all over. That's what asshole acceptance told me.


that is not totally true.it depends on the state you are in.in some states even a payment won't re-start.


Submitted by paulmergel on Wed, 12/16/2009 - 06:05

paulmergel

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:pI just received a call from a Troy Lewis @ Asset Acceptance, LOL, because he chooses to use a stage name. The caller I.D says it's from a city in VA. Troy Lewis (certainly not his real name) states the call is from India. Out sourcing must be the way of the glorized phone clerks worldwide. At any rate, it takes two to tango and as long as they keep calling me, I will be as deceiving as their own tactics. To the Asset phone clerk, how much stock do you have in the company??? Better yet, I think you would make a great owner of your own debt collection company (food for thought). I pay when I am able or willing to do so, let the phone ring because I love playing with collectors. Collection calls can really be fun, if you learn to laugh at them. The possibilities are endless of how you can help them waste their own time calling you, when clearly if you had the money you would of paid whoever it is who they bought the loan from. Don't be rude, realize the person calling is just another working man or woman, and be creative, and most of all make sure when you hang up the phone you have the last laugh. Alot of times I just let the collector listen to whatever is on the TV, they always hang up. Another of my favorites is the I can't hear you, the the infamous bad conncetion is hilarious because they continue to repeat themselves (lol) Don't be rude, but as funny as you can be this truly relieves any stress, and instead of being harrassing it is hilarious. As I work to repair the dysfunctional nature of past credit history, I have learned to lighten up and do what is in front of me. Regarding Asset Acceptance apparently they are not what I have on my plate today, but one day as I work to repair my credit life that phone clerk will be able to RING RING RING the paid in full bell.


Submitted by on Thu, 12/17/2009 - 08:20

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Asset Acceptance LLC has sent me ONE letter a year, each year for at least the last 3 years.

Because I have student loans I am doing my best to stay on top of & repay properly; I keep my credit reports for approximately 5 years (I have 2 from 2003 - don't know what happened to '04 - and all 3 from '05 to '09). My student loans report back to 1995 when I took them out, next oldest on my reports is a car loan (paid in full as scheduled!) from 1997.

Asset Acceptance is trying to collect on a debt I have absolutely NO knowledge of; that was reportedly opened in 1989.

They, Northland Group (same address as AALLC), WFNNB/Samuels DO NOT show up as an unpaid debt anywhere on any of my reports. They only show as someone who inquired about my credit (along with a couple of credit card offers).

The letters I have received from them in the past have varying amounts on them (anywhere from $934 to nearly $2100) - and no loan in any of those amounts ever shows up on my credit reports.

Each year for the last 3 I have sent letters to AALLC & Northland Group stating that I dispute the validity of their claim; and then I don't hear from them for another year.

I live in CA, where the SOL is 2-4 years. I honestly don't know a thing about this debt.

I have no negatives on my credit, which has been improving from year to year as I continue to make payments on my student loans and keep up as best I can with my credit cards.

Asset Acceptance LLC is now calling 2-3 times a week; they ask for extremely personal info (SSAN, mother's maiden name, etc) - which I refuse to give - BEFORE they will tell me anything!

The irony is - another poster here said he/she got a phone call from "Troy Lewis" - well, the letter I got this year is from "Troy Lewis." I sent a letter of dispute USPS Priority Mail - with tracking (it was delivered to the address I had for AALLC on 12/14/09).

I've never received anything from them telling me their claim is legit, and I only hear from them in December (the last 3 letters I wrote are dated 12/4/07, 12/8/08 and 12/10/09) - I think they are just trying to add to my holiday stress!

What's my next move?

Thank you kindly for any tips/advice you have to offer!

ImATXAggie


Submitted by on Fri, 12/18/2009 - 16:38

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Most likely the debts are time barred, they probably know this and that is why they do not respond. If you know for sure that the SOL has passed, send them a cease and desist letter. If they continue to call after getting the letter, call an attorney and sue them.


Submitted by on Fri, 12/18/2009 - 17:09

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Quote:

Originally Posted by Anonymous
yeah i can spell, was typing fast, can u pay ur bills?
bottom line is asset is not a collection agency it is a fin. company, we buy bad debt and become the owners of the account, and go by what the creditor states to us to be true....
for real grow up pay ur bills and asset wont buy ur debt and call you...as for december, u can ge great deals this month as the collections are down due to everthing that is going on now a days....i see you still can't spell or type...paulmergel


I love companies like yours who mispell and type incorrect data, Makes things easier to be removed from your errors.


Submitted by on Sun, 01/03/2010 - 10:53

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Quote:

Originally Posted by Anonymous
I love companies like yours who mispell and type incorrect data, Makes things easier to be removed from your errors.


I'm laughing out loud because you misspelled misspell. :)

I hate Asset. They call me daily regarding a debt that's past the SOL for my state. I've sent a C&D, but they continue to call. I can't really afford a lawyer so I don't realistically see how I could sue. And, I'm betting that that's what they bank on. If we can't afford to pay our bills, we can't afford to hire an attorney.

Any advice?


Submitted by OhioGal1 on Mon, 01/04/2010 - 13:25

OhioGal1

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If you have proof that they received the C&D (the green card / Return Receipt) then you will not need to pay for an attorney. The FDCPA can grant attorney fees and court costs, plus $1,000 to you, for this violation. Go to www.naca.net and see if you can get a referral to a consumer advocate attorney.

You don't need money in the US to avail yourself of your civil rights.

That's why Asset, and companies like them, get away with it. Because people think they are beaten even before they begin to fight. It's an unwanted annoyance, to be sure, but sometimes in life you have to defend yourself against attack.


Submitted by Chrys Henderson on Mon, 01/04/2010 - 20:51

Chrys Henderson

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Just to share my experience - I was THAT close to settling a debt with them. The person with whom I spoke was VERY nice and had agreed to list "paid in full" on my credit report and then have it removed entirely within 3 months. These are both actions that is completely within their power to do. http://www.creditinfocenter.com/debt/settle_debts.shtml

I was careful to stipulate that I needed their agreement in writing. She listed everything we agreed to EXCEPT the "paid in full" and the credit report removal. I called her back to inform her of her mistake and then she shyly asked me to hold. My experience has brought me from rueing this situation to relishing it -- the infamous without-warning transfer to her manager.

"What's the problem Mr. ****?" Uh, well the date is wrong and our agreement isn't on here. "We can't put paid in full unless you pay in full and we have no way of deleting this debt from the credit report." Little did he know that only a year before I had 1) settled a debt for less that what I owed, 2) got it listed as "paid in full" IMMEDIATELY, and 3) within 10 DAYS the debt collection company removed said debt from my credit report. I learned this from the above referenced web site. When I called him on it, he angrily changed the word "can't" to "won't". He laughed and said he wasn't going to play around with the language and started yelling, "you owe ____! Are you going to pay it or are you not? It's that simple." He also didn't know that I myself am a bar exam away from becoming a practicing attorney. I gladly laughed and repeatedly called him on his lie by turning it on him: "just tell me that you won't list it as paid in full: a simple yes or no. I know you are taping this so just tell me yes or no." Now he wouldn't even say no - instead he kept threatening to hang up, kept saying "we don't do anything with the credit report" [he changed it from "can't" to "won't" and then to "don't"], and kept asking me if I was going to pay. To which I jovially repeated the question, "yes or no? just tell me 'no' and we're done. Will you list paid in full on my credit report?" He refused to simply say "no" and instead hung up.

Hope I didn't bore you. Just wanted to share. In the end I am quite glad I had the knowledge of what they can and can't do because I would have given them money for nothing. Ironically (you'll love this), they tried to call me that evening but they wouldn't leave a message. The offer "expired" that very day, but they sent me a brand new offer for the same amount the next week. And my debt drops off in a few months. They could have had SOME money; now they get NO moolah!

One last thing. I'm no expert. I am a debter with bad credit -- foolish mistakes made when I was a freshman and sophomore in college. There are plenty of experts here at this site from what I can tell. Listen to them; check out the site above; educate yourself and don't crap in your pants like I used to when they would threaten me with legal action. And to the collectors who keep saying, "why don't you pay your debts?" I would LOVE to and I will when the credit companies find it to be worth it to work with their debtors rather than tack on interest after interest after interest.


Submitted by on Mon, 01/18/2010 - 01:46

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I would like to get with other victims of Asset Acceptance Asset and sue them!

Here is my story: it is 2010 and Asset Acceptance LLC has just stolen $5000 from my bank account. They claim it is from an old $900. visa from 1995. They severed someone with my last name in an other state. That person discarded the summons and Asset Acceptance automatically got a default judgment against me. They then used a Domestic Interstate Transference to transfer the judgment to the state of my residence and take the money plus 15years worth of interest from my account. They are cowards and crooks and they purposely sneak cases through courts without giving you the chance to fight it. Asset Acceptance knows that the only way to win is by default. You often need a lawyer to fight them which is so costly that most people just "give in to them".

I have learned that they constantly troll these blogs because they DO NOT want us to know about each other and they especially do not want us talking to one another. If you see any comments that support their tactics I can guarantee you it is just one of there "employee scumbag plants"

Organizing together is the key (just "Google" their name and you can see that they MUST be stopped)

I have no legal expertise I am just a another victim who is determined to stop them...I have created an email address just for this fight so feel free to write me at [email]standup2scum@aol.com[/email]

Victims and Lawyers interested in representing a Class Action case against Asset Acceptance are always welcome to email me.
Sincerely Victim X.


Submitted by on Wed, 01/27/2010 - 16:35

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ASSet acceptance is a horrible company. They are trying to collect a debt from me that doesn't exist. I have documentation from the original creditor that states the account was NEVER in default and was completely paid. Go figure...such a 'fin. company' I feel sorry for someone who enjoys working for criminals like AACC


Submitted by on Wed, 04/07/2010 - 18:49

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Quote:

Originally Posted by Anonymous
This company found out I am in the process of buying a house and they are now collecting an acct that is over 17yrs old. For how long does an unpaid debt stay in my credit history?





they cant collect just tell them u do not want this number called or mail sent to the adress
and if they dont tell them u will sue them they will stop i knw i use to work there


Submitted by on Thu, 06/03/2010 - 09:14

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These so called debt collectors buy old, outdated accounts for pennies on the dollar. If you pay them $10, they've made a 200% profit. The tactics are very illegal. If you just do a little research you can get them to stop harassing you. Your original creditor has written this debt off and has absolutely nothing to do with it anymore. If you pay this company, they will get all of the money; the original creditor will get nothing. Most of these debts are so old that they can't produce any legitimate documentation. So this is my suggestion to all, TAKE THEM ON. You will beat them 99% of the time, because they have no valid proof. And to you retarded, elementary leveled educated collector get a job that means something. Them paying you $15 dollars an hour is no prize!


Submitted by on Tue, 07/06/2010 - 11:09

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I also have been having problems with Asset. They keep trying to collect for a credit card i have paid off and even sent the thing back to the cc company. They have also tried to collect from an old phone bill that was put in my name by "friends" of mine who somehow got my ss number. I told them I never had a phone in my name except with ATT and they told me to file a police report for identity theft, I got told by police that i need to have the original bill or a copy of original in order to file report. Assett refuses to send that copy I need, but they faxed me a copy that was 1/5 of the paper and could not be read at all. I called them back, they said they would mail a copy, never got it. They called my mom's phone, she told them to stop calling, they just keep calling. She got 25 calls in one day, several of them at 11 PM. I have told them to quit calling my mom, she has med problems and doesn't need them harrassing her at 6 am or 11 pm, they told me they can call at any time of the day and I can't do anything about it and neither can my mom. Now I know that is a load of crap and told them if they do not leave my mom alone, I will sue them for harrassment.They said since they are trying to collect a debt, I can't sue them for calling. Well after reading all this I am following some of you guys' advice and shooting off a Cease and Desist letter as well as one to prove the debt. Thank you all so much for your sound advice


Submitted by on Tue, 07/06/2010 - 23:21

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How long should it take to get a settlement reported. I did settle with asset at the end of april, and was told ill get a letter within 21 days . Here it is July and i have yet to get anything. I have called and talked to Asset on several occasions and they tell me that they have put another request in to send out a letter and report it paid to the credit agency. Have I been scammed ? what can I do. I know the debt was mine. not in SOL. they offered me a good deal and i took it. kind of feeling like i made a mistake.
Any advice ?


Submitted by on Sun, 07/11/2010 - 18:51

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Quote:

Originally Posted by Anonymous
they cant collect just tell them u do not want this number called or mail sent to the adress
and if they dont tell them u will sue them they will stop i knw i use to work there


That's got to be way past the Statue of limitations. Send a certified ceast and desist letter and record all phone calls and harassment after that.


Submitted by Greg Bartlett on Mon, 07/12/2010 - 09:39

Greg Bartlett

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Collection agencies, and the agents themselves are the scum of the earth. They use threatening tactics to get costumers to pay even though they couldn't make the original payment for the delinquent account due to financial restraints in the first place (go figure). These people have nothing higher than a high school degree, and strive to make other peoples lives as miserable as possible. They have no education and can't interact face to face with anyone. In my opinion Credit Collection Agencies should be banned in the United States. In reality the original owners of the account's see pennies of what was owed.


Submitted by on Tue, 07/20/2010 - 14:26

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Collector, Asset Acceptance charges interest on debts that have already been written off and have not been collecting interest for years. This is ILLEGAL! Federal law only allows interest to be charged on a debt when it has been agreed to in writing. The majority of creditor contracts do not have any provisions for third party collectors to charge interest, and the collectors do not get the "debtor" to sign an agreement allowing them to charge interest. You expalain that one!


Submitted by on Mon, 07/26/2010 - 09:27

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Quote:

Originally Posted by Anonymous
yeah i can spell, was typing fast, can u pay ur bills?
bottom line is asset is not a collection agency it is a fin. company, we buy bad debt and become the owners of the account, and go by what the creditor states to us to be true....
for real grow up pay ur bills and asset wont buy ur debt and call you...as for december, u can ge great deals this month as the collections are down due to everthing that is going on now a days....i see you still can't spell or type...paulmergel


Okay I owe about 7k. I have no idea if this is accurate. How much will it take to settle the debt...I really can't afford more than $1500


Submitted by on Fri, 08/13/2010 - 12:02

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good god you're pathetic. do you not have anything better to do with your time? the answer is no. all you do is look down your nose at people and judge. well coming from you it doesn't mean a whole lot. maybe if you had some kind of life.


Submitted by on Wed, 09/01/2010 - 12:10

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Quote:

Originally Posted by Anonymous
yeah i can spell, was typing fast, can u pay ur bills?
bottom line is asset is not a collection agency it is a fin. company, we buy bad debt and become the owners of the account, and go by what the creditor states to us to be true....
for real grow up pay ur bills and asset wont buy ur debt and call you...as for december, u can ge great deals this month as the collections are down due to everthing that is going on now a days....i see you still can't spell or type...paulmergel

Fuck YOU, you smugass bloodsucker!!! Continue calling and I'll own your ass!


Submitted by on Tue, 10/12/2010 - 14:40

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Asset Acceptance has called me for 10 years trying to collect a debt to Bank of America, a debt the bank hasn't had on the books for thirty years, and Asset thinks I'll give in and send them 3k for their bonuses and trip to the islands. They call every day and I don't even use the phone: ever. It is for the alarm on my house. I have cells. So Asset has these misfits of society working from bar stools for collection purposes. If you pay a debt to these guys, you are one sorry clodhopper. They can not garnish, sell your daughter to slavery or bankrupt your ancestors. It's all talk, blather and no bite. And if you still pay, you will never get a credit uppity from it; the money goes in their pocket and that an end to it. If you wanted good credit in the first place, pay the credit company owed the money.


Submitted by on Wed, 11/03/2010 - 11:59

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I have bad debt from over 10 years ago that has been on my credit report FOREVER!!! This Asset Acceptance is a crooked company that rapes people and looks up old debt that the original creditor wasnt collecting on. I am already paying this company $150.00 a paycheck on one debt that they say I owe $1,200 on. The credit card only had a $300 limit. They have started looking up my other debts, now that I am paying, and harrassing me with those as well. Like I am really going to give them my entire paycheck every month so that I can go deeper in debt. Get real!!!!


Submitted by on Mon, 11/15/2010 - 10:19

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I have just been called and lambasted by this company for a debt that was owed 28 years ago. After I informed the representative that I was rec=ording this phone call, she told me I had no right to record the call and I had "to pay up no matter if the bill was 100 years ago". Very rude and very illegal.


Submitted by on Fri, 11/19/2010 - 14:04

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To the person who says that Asset Acceptance Corp is not a debt collector, it is obvious that you have not read the Federal Law known as the Fair Debt Collections Practices Act , particularly section 803, definitions which states
"
The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests.


Submitted by John G on Sun, 01/23/2011 - 12:01

John G

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[SIZE=3]Many readers of this site may want to do a little research within their individual state laws concerning debt collectors. I did and boy is I glad that I did. The Federal law known as Fair Debt Collection Practices Act specifically states that any debt collector, which Asset Acceptance is one of many, is required to comply with individual state laws. And in my particular state the law specifically states that a debt collector is prohibited from calling more than three times a week for a debt that they CLAIM that my wife owes. Given the fact that Asset Acceptance has been calling my home phone a minimum of 6 days a week for over two years now, without leaving a message and I have obtained the telephone log from my service provider that will prove it in my forthcoming civil case against them, I smile every time the phone rings with another call from them because CHA CHING it’s another $1,000 that will be added to the over $100,000 that, by law i have the right to sue them for. If, we had actually owed them the debt in the first place, it is well past paid off by now because the Fair Debt Collection Practices Act (FDCPA) also states that a debt collector is liable for an amount of up to $1,000 per violation of the FDCPA (harrasement is definitely prohibited), up to a maximum of $500,000. And according to Webster’s harassment is defined as “[COLOR=black]harassment covers a wide range of offensive behavior. It is commonly understood as behavior intended to disturb or upset. In the legal sense, it is behavior which is found threatening or disturbing. ...” The key words here are upset and disturb[/COLOR][COLOR=black][FONT=Wingdings]J[/FONT][/COLOR][COLOR=black]. Hence since any call past their allotted three per week is in direct violation of my state’s law and since by definition that constitutes harassment by them…Guess what folks? And as far as that irksome little twit who posts in this group of postings about their defense of Asset Acceptance’s practices, you might want to find a new place to work fool because the company you are now working for is about to go under from the massive number of lawsuits that they are about to experience….HAHAHAHA!! Yes this is indeed a good day! It seems like that chain email that my friend sent me promising wealth if I forwarded it to 10 friends really worked! [/COLOR][/SIZE]


Submitted by John G on Sun, 01/23/2011 - 12:38

John G

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Remembering back to my collection days, they are permitted 3 contacts a week...calling without the phone being answered and not leaving a message or you screening them, it not considered a contact and thus is not a violation. My memory seems to be saying the states of WA or MA?

And your max recovery if you had a case would be $1000 max...not everytime they phone rings. You need to re-read the FDCPA.

Will look for the statutue.


Submitted by SOAPLADY on Sun, 01/23/2011 - 13:23

SOAPLADY

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Go to this page and read what it says

http://www.atg.wa.gov/ConsumerIssues/Credit/CollectionAgencies.aspx

It clearly says call...it does not say contact...Perhaps you might want to go back and check the laws yourself moderator before you start posting statements like you did!!

When a Collection Agency Contacts You
The first time a collection agency contacts you, it must give its name and address, and the name of the original creditor (the business or person you owe money to). It must also tell you in writing the amount of the debt and any fees which have been added, such as interest or collection fees. You must also be informed of your right to dispute the information.


  • A collection agency cannot call or write to you more than three times a week. Only one of those calls can be at work. You cannot be called between 9 pm and 8 am;
  • A collection agency cannot harass, intimidate, threaten, or embarrass you;
  • A collection agency cannot threaten violence, criminal prosecution, or use offensive language; and
  • If you send a written statement requesting a collection agency to stop, it cannot continue to call or write to you to demand payment.


Submitted by John G on Sun, 01/23/2011 - 15:28

John G

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You have to read the actual laws themselves, not the consumer guidelines... The key word is COMMUNICATE, which means actually taking with or leaving a message for the debtor. Dialing a phone is not a communication.

Under prohibited practices...

(12) Communicate with a debtor or anyone else in such a manner as to harass, intimidate, threaten, or embarrass a debtor, including but not limited to communication at an unreasonable hour, with unreasonable frequency, by threats of force or violence, by threats of criminal prosecution, and by use of offensive language. A communication shall be presumed to have been made for the purposes of harassment if:

(a) It is made with a debtor or spouse in any form, manner, or place, more than three times in a single week;


Submitted by SOAPLADY on Sun, 01/23/2011 - 16:17

SOAPLADY

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Here is the definition of the word "call": I have underlined something that both of you may want to use for your edification rather than writing things like "I'm pretty sure"

To say in a loud voice; announce: called my name from across the street; calling out numbers.
2. To demand or ask for the presence of: called the children to dinner; call the police.
3. To demand or ask for a meeting of; convene or convoke: call the legislature into session.
4. To order or request to undertake a particular activity or work; summon: She was called for jury duty. He was called to the priesthood.
5. To give the command for; order: call a work stoppage.
6. a. To communicate or try to communicate with by telephone: called me at nine.
b. To dial (a telephone number): call 911 for help.

7. To lure (prey) by imitating the characteristic cry of an animal: call ducks.
8. To cause to come to the mind or to attention: a story that calls to mind an incident in my youth.
9. To name: What will you call the baby?
10. To consider or regard as being of a particular type or kind; characterize: Let's call the game a draw. I'd hardly call him a good manager.
11. To designate; label: Nobody calls me a liar.


Submitted by John G on Mon, 01/24/2011 - 12:27

John G

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Ok well if you think you are right, you go right ahead and try that tactic in court...and when the judge laughs you out the courtroom, don't say we didn't warn you. Dictionary aside, a CA only has to say this to the judge, "Yes your honor, we did in fact call every day because they never answered the phone we were not able to COMMUNICATE with the individual."


Submitted by goldenbast on Mon, 01/24/2011 - 15:48

goldenbast

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I didnt take the time to read this 2+ year old post but i decided to randomly google the company ive been working for for a few years now. I always said i would NEVER be a debt collector. What a shitty job. Well i take that back. I make a good damn living for myself and im nice to every person i come in contact with and try and HELP them pay THEIR bill. I get jerks on the other end of the line all day long who want to be rude for no reason other than the fact they are mad im asking them to pay their bill that they indeed agreed to pay back. Sure people are in tough situations, hell i even owe a collection agency. But by threating legal action or cussing me out wont help your bill go away. Just work out a payment arrangement and you can go about your day. :)


Submitted by on Fri, 01/28/2011 - 19:35

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[COLOR=black]will this letter work if i already went to court for this, they gave one piece of paper with and address and told me to send the check each month to the address with no way to find out if anyone received it nor a phone number to find out any information. then a year later i called and asked if i could settle and they wouldn???t help me at all nor would they give me a settlement amount was really rude and just hung up on me. will this letter work because my original total was 1400$ now it???s 3200$ [/COLOR]


Submitted by on Thu, 02/24/2011 - 12:17

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[COLOR=black]sorry this letter you put up[/COLOR]
[COLOR=black][FONT=Arial][/FONT][/COLOR]
[COLOR=black]OK guest what you need to do is format this letter to your needs and send it to Asset Acceptance LLC. Send it certified mail return receipt requested. Do not sign the letter only type your name. Also check your credit reports to make sure they have not placed this alleged account on there.

Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/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..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,
[/COLOR]


Submitted by on Thu, 02/24/2011 - 12:27

( Posts: 202330 | Credits: )


Ok so you went to court over this...did they get a default judgment? What happened? So in one year the balance went from $1400 to $3200? How much had you paid that entire year?

I am definitely sure that particular DV letter is not the right letter to send. Need more information on the situation before suggesting what your letter should say.

Check your credit reports and see how the account is reporting. You will definitely want to dispute the amount as it has more than doubled and judgment interest rate is usually 10% so for a whole year the interest should have only been $140. Now if you have been paying monthly, then the amount you owe goes down each month and the interest changes...so if you have been making regular payments for the year then the interest wouldn't even be $140...it would be lower...so there is something VERY wrong here!

Please give us more details about the account.


Submitted by goldenbast on Thu, 02/24/2011 - 14:18

goldenbast

( Posts: 2884 | Credits: )


[COLOR=black]i do have a judgment on my report and i did start paying it for five months, but i thought it was all very strange because i got only one letter from the guy from the court house nothing not even anything in the mail, and the letter had one address on it and he said just mail the check each month to that address, that’s it, no phone number no nothing. i didn’t know if i was sending it to the right place or if they even received it. i had no knowledge of what was going on plus i was paying more than double what i owed, so i had no clue what was going on so i stopped sending checks to the un know address.[/COLOR]
[COLOR=black]what should i do? i called and some lady in legal was so rude to me I started talk and asked what can I do she interrupted me, said to stop talking and wouldn’t even let me explain myself, and when i asked if i could settle, she asked how much i had, i told her and she said it would be a down payment and to call when i got money, then hung up on me very rudely. i had never been talked to like that ever..what should i do i want to pay it off but there so hard to work with and i want to pay what i owe not double what i owe... [/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black]please help,[/COLOR]
[COLOR=black]thanks [/COLOR]


Submitted by on Mon, 02/28/2011 - 08:34

( Posts: 202330 | Credits: )


they have even went as far as declaring that they will be offsetting my tax refund for a utility bill that the sol ran out on 4 years ago. So I would suggest to everyone to research the information out there as to what they can do.


Submitted by on Sat, 03/05/2011 - 20:31

( Posts: 202330 | Credits: )


3 years ago I aquired a Citi bank card from Citifinancial. and if I did not use it I could terminate use of so said card. I did not use it and sent in a stop paper saying that I did not want it. A company
who did credit card check continued to charge me bills. With each contact the payment went higher eventually I recieved a letter stating if I would pay half the bill would be considered done. about 3 months ago I got a letter from Assest Acceptance saying I owed 113.00 on an outstanding
debt from Citi bank credit card that they had bought out. They want me to prove that I got that
letter and paid the half amount. I do have the money order but no letter stating that the bill was
complete. I asked them to contact Citi bank for there records and the person called "Dave" said
I need to prove that I paid them off . What should I do now. I really don't feel I owe this
ambulance chaser group anything. Or should I just pay it off and say A lesson well learned
Citi bank and Asseet acceptance are blood suckers.


Submitted by on Mon, 04/04/2011 - 17:19

( Posts: 202330 | Credits: )


You don't need to prove anything. THEY need to prove it to you, not the other way around. Now, is there any way for you to get a copy of this settlement? You should contact Citi and ask them the status of your account....what balance, do they have any record of the deal made, etc.

What I find curious is that you used their own option to stop the card...you never used it once?

You should write a DV letter to them and you want a copy of the signed agreement/contract, a final statement and something that proves they are the correct entity to collect. Inform them that as far as you are concerned you do not owe citi anything and should they continue collection activity or sue you, you will in fact countersue them for FDCPA,FCRA, and FACTA violations.


Submitted by goldenbast on Fri, 04/08/2011 - 16:07

goldenbast

( Posts: 2884 | Credits: )


ASSet Acceptance is ran by clowns. These fools, have made the mistake of calling me once asking for some lady with my last name, I politely told them I was not that lady. That was the first day. The second day the called me at 8:45pm ( past the time they are supposed to be calling anyone mind you) And again they were askin me if i knew where this person was and if im sure I'm not that person ( wtf??*lol*) and they even went as far as to read this person's SS# to me. I couldn't believe they did that. But that was not all, the dumb arses started callin me 3 times a day askin for 2 different names and an adresse I never lived at. After a few weeks of this, i got fed up and told them they need to stop it as they should underdtand by then that I was not the person they were after and that I understand they have a job to do, but they needed to leave me alone. The calls have kept up since only now they like to use masked numbers and when i pick up they just breath on the phone *lol* even when they decide to show their number. But I have just reported them to Chris Koster Attorney General of Missouri. So i shall see wot happens with that.


Submitted by on Thu, 04/14/2011 - 14:10

( Posts: 202330 | Credits: )