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Found 716 results

  1. Original Creditor: WFNNB/STRUCTURE did not verify account and it was removed from all three CRAs in January On May 18th it shows up as a collection account with ASSET ACCEPTANCE LLC I put it in dispute immediately and Experian came back as verified today. I am confused as to how this is okay to do...an original creditor does not verify then 4 months later a CA reports it??? WTF?? Can someone offer me some guidance on how to resolve this?
  2. I saw something on one of the other credit sites and thought of something. If a CA has NOT purchased the debt, can they file a judgment against you? Situation: My DH has a judgment from Asset Acceptance, but they did not purchase it, it was just transferred to them. It's for an old Radio Shack acct that we settled when we refi-ed our house in 2000. The DOLA is 9/20/2000, so we're well within SOL and I've sent a DV to Asset. But I'm curious that if they didn't purchase the account, how could they file a judgment? HELP!
  3. I've been trying to get Asset Acceptance to validate alleged debt they claim to have purchased from Providian. The only thing I have received is computer printout with my name, SS#, and a balance due. They have racked up quite a few violations since my first dv letter. Today I received settlement offer extension to pay balance minus 35%. The thing is I never received first settlement offer. Also, every letter (3 total) has been from different branch office. Is this normal to get different letter from different branch each time with this CA? Should I deal with original address I sent first dv to? The second letter did mention my dv letter, so I know they communicate among each other. Does anyone have experience with these people doing this.
  4. Received a copy of DH's credit report (all three agencies) and saw that he has a judgment from 4/2001 from a$$. I have finally tracked down how this account went through the paces. I know that the original acct was a Radio Shack acct from 1991, it was sold to Capital One 4/2000, who transferred it to Collins Financial (whom we've never heard of and are not on our credit report), who transferred it to Asset Acceptance, who filed the judgment. My questions are: In reading the info on the website, Asset Acceptance could not file the judgment because they don't own the debt, right? And do we have any recourse? When we refinanced our home in 2000, we sent $600 to Radio Shack, from a settlement offer we received (oh to know then what I know now!), and Radio Shack has no record of the payment, so I am investigating that, but my big question is - can we fight this judgment and win? My second question is if you have record of a judgment or a transfer do the previous creditors have to take the negative info off your credit report? The gal I spoke with at Radio Shack said that the original account should no longer even be listed on my DH's credit report, since it was sold. I'm still a newbie to this and have been focusing on getting my stuff cleaned up, but I want to tackle his as well, since that will put us both in a better position. Thank the stars above for this website! It has been most helpful, I'm finding that we seem to all have problems with the same companies, for the most part and your suggestions have helped me in tackling the big issues!
  5. Help, please. i have a rep. from asset acceptance, a debt purchaser, calling me at work. Appartenly, they purchased my account from Montgomery Wards. The lastpayment on this account was in 9-98. It was $785.00, w/ interest it's 1085. They will settle for 814.00. After how long can you offer .50 on the dollar for an account. What can I do?She is threating to pass it on to their legal dept.
  6. I posted this under collections, but I thought it might be of interest here as well. I am being sued by A$$Et Acceptance LLC. On the summons I received it states and I quote "This Honorable Court will take notice that the judgment rendered on January 4, 1996 in favor of ITT Financial Services was sold and assigned to Asset Acceptance LLc on or about September of 2000 for value. Asset Acceptance LLc is now the owner of said judgment and is the proper party to render executions thereon." Now the good part. It those morons had done their homework, they would have found that we filed a motion to vacate, and WON! So, if I'm interptreting this correctly, they bought a peice of paper that is worth diddly squat. Also they have reage this debt from the original which was October 1993 to September 2000. They also sent me a list of other people that they claim owe them money. I believe I have them for about 10 different violations. I am trying to write a letter to the courts listing all the violations and the article numbers. Any thoughts or helpful hints on this would be greatly appreciated . Thanks for all the help this board has already been. Diana
  7. I need some advise about my wife's dispute with Asset Acceptance. In Nov 2002, we received a collection notice for my wife from them for $90. At that time I had called them and they said it was for a Illinois medical bill submitted on 8/2000. Well, we had moved to Ca in 6/2000 so I disputed the bill. The rep said she would ask for an itemized bill. On 1/2003 I called again since I did not receive anything. Another rep said they were still waiting. On 2/2003 my wife got rejected for a credit card application. When we check her credit report, the Asset Acceptance account was listed. She normally has a credit score in the mid-700s and not it dropped to 695. She called them and she settled since they gave her the impression that would resolve the credit report problem. They said they would mark it as paid in full. I called them back and argued with a rep and supervisor to get the debt off of her records. Plus, we paid it not even knowing what it was for. We just wanted her report to be fixed. The rep actually started yelling at me saying "what is the big deal, it is only $90." The $90 is not a big issue. I am mad now and want to know what I can do. Thanks for your help in advance.
  8. Hello, here is my story, just wondering if anyone has any advice. Back in 1997 i was a victim of identity theft. I found out in 1999 when a collection agency called me up and tried to collect. I got copies of my CR and found that there were two fraudulent accounts on it. One for a Target Charge acct with ~700 balance and one for a Bellsouth Acct with a ~400. I wrote all the CRA's challenging the accounts and most of the fruadulent info was removed. By then I had lost steam and really didn't follow up as I was young and stupid and didn't really care about my credit. Now I'm a bit older and wiser and more concerned about my credit as I'd like to purchase a home. I got copies of my CR from all three agencies and I've found that both of the fraudulent accounts are back and have been sold or assigned to CA's. After writing a bunch of letters, the Bellsouth Acct has dissappeared from all three CRA's and the Target acct has been removed from EQ and EX, but TU has verified it and won't remove it. The Target acct has either been sold or assigned to a CA called Asset Acceptance Corp. They wouldn't send me the original contract until I sent them a copy of my DL, A major credit card, and something w/ my signature. In retrospect, and after reading some info on this site, that was probably not a legal move on their part but I have little proof as I didn't get it in writing from them. Anyway, after I sent them my info, they claimed that the signiture on the contract was a match as well as my DL# and the SS# and that this debt was obviously mine. I just got a copy of the contract used to open the account and here's what I found: My name was spelled incorrectly, a letter was left out of my first name. My birthdate was incorrect and made me 7 years older than I actually am. My DL# was correct My SS# was correct I never lived at the address given on the contract I never worked at the employer given on the contract The signiture is incorrect because it's spelled wrong and it's much neater than my actual signiture which is a mess. Now I have to call Asset Acceptance Corp next week and I'm not sure what my options are. I'm sure they are going to say that this signed contract is enough to prove that the debt is mine and it feels like it's going to be my word against the contract. Some other pertinent information: I live in Chicago and have lived in Illinois all my life. The account was opened up in Conyers, Georgia. Asset Acceptance Corp is based in Brandon, FL. I filed a Chicago Police Report with details of the identity theft incident. I haven't really seen any info on how to handle debt validation in cases of identity theft and forged documentation. If there are some posts regarding this subject, please let me know where they are at. Thanks CanThisBe.
  9. Hello everyone. I'm back. But as you can see by my subject, not all is great on the home front. I received a notice to appear in court this am, 7 am to be precise. Asset Acceptance has decided to sue. I woke the ugly giant up after years of lying dormant. So now I'm not sure what to do. I should say, after all is said and done, all the other collections that were on my CR's are gone (8 total). But Asset won't let go. They are suing me for the original amount, plus interest, plus attorney fees on two collections. As some of you may remember, these sleeze bags never validated these debts with me. I attempted validation several times in July, August, and September, also sent requests to the BBB to attempt to get these sleezes to remove or validate. All I got back from Asset was a letter telling me they don't have to comply with the FDCRA, but they will send me the info as soon as they get it. I have not received anything from them. One of the debts SOL has expired, but the other does not expire until 2003. I also attempted to get them off my back due to the fact they were not licensed here in Florida. Well, they don't have to be. They purchase debts, at least that's what the FTC and my state atty general's office tells me. Any help now would be greatly appreciated. I am attempting to find an attorney who will represent me, along with filing suit against them. What a X-mas present, ughhhhh?!!! It's great to be back. Had some medical issues going on, but am beter now. One last thing. I can't find where/how you figure the SOL. I know the SOL for this account in Fl is 4 years. But how is it actually figured? On my CR's -- is it the Date of Last Activity? or is it the DLA plus 180 days? How is it figured. Also, the original accounts DLA is different than the sleezy Asset's. For instance: DLA is 10-98 on the original account, but 4-99 on Assets. What's this? Also, I re-read the summons and their letters to me. They stated they purchased one of these accounts in Aug 2001, but it wasn't reported on my CR by them until in 2001 and the DLA is 4-99. Something's fishy in denmark? Looks like they may have reaged the account, unless you add 6 months to the DLA??? I looked at a copy of one of my old CR (Mar 2001) and the OC's are there. When Asset took them over (???) the OC's disappeared. Now, two of the three accounts I've been dealing with Asset about have been deleted from my CR as of 12-02. But one of these accounts is one that they are sueing me for. This is really getting complicated. This must be their intent, and unfortunately for me, it's working. HELP!!!!!!! [Edit by tj34994 on Monday, December 16, 2002 @ 08:51 PM]
  10. I contacted the BBB in Flordia and the Dept. of Banking and Finance, and found out that Asset Acceptance Corp, aka Financial Management Corp, is not licensed in the state of Florida. I filed a complaint with the BBB, and requested an investigation thru the Dept. of Banking and Finance. What else should I do now to get these sleeze bags off my back, and get the items removed from my CR since they did not validate these debts nor can they legally collect in Florida. Can you believe it, they even have an office in Brandon, FL. Should I send them letter demanding they remove these items or I'll sue? Or should I wait and see what the BBB comes up with?
  11. Ok check this out. A friend of a friend....recommended this law firm out of Ill. They work on contingency against CRA's, CA's, etc. This is what they specialize in. I contacted them and asked them to look at my stuff. They agreed and would do so free of charge. They asked that I send them "copies" not originals and they would get back with me to let me know what kind of chance I had to get Asset Acceptance. If you go to their site, you will note that Asset is one of the "bad debt buyers" they are interested in, along with alot others. So if you are interested go to www.edcombs.com. Check out their site, especially the "special" section which lists the CA's they are interested in. This site also gives "opinions" and "notices" of cases which may concern alot of us. Let me know what you think, and I hope it helps. For us here in Florida, being that we live in a "non-consumer" friendly state, this just may be our ticket.
  12. TJ, sorry for the scare and the new post- the other was getting long, wanted to get your attention. Did some digging around and think I’ve found some interesting stuff for you regarding ASSEAT Acceptance Corp. :boggle: ASSET ACCEPTANCE CORPORATION v. ROBINSON Very interesting case. Here, AAC has purchased a debt from GNA and it seems as the MI Court of Appeals held that AAC is not a collection agency under the Michigan Collection Practices Act Defendant maintains that plaintiff is a collection agency under the Act and has thus violated the above provisions. Plaintiff, on the other hand, contends that it is not a collection agency and purchased the debt in question outright and is not acting on behalf of a creditor. A collection agency is defined as: [a] person directly or indirectly engaged in soliciting a claim for collection or collecting or attempting to collect a claim owed or due or asserted to be owed or due another, or repossessing or attempting to repossess a thing of value owed or due or asserted to be owed or due another arising out of an expressed or implied agreement. . . . [MCL 339.901(; MSA 18.425(901)(.] In the instant case, defendant purchased the vehicle from Repo Depo West, Inc. Repo Depo West, Inc. immediately sold defendant’s account to Guardian National Acceptance Corporation. On June 27, 1997, plaintiff purchased defendant’s account from GNA. The purchase agreement states that GNA conveyed all of its interests in the accounts to plaintiff for value. This Court holds that plaintiff is not a collection agency as defined by the Act BUT WAIT, THERE'S MORE....... Defendant also argues that, under the Fair Debt Collection Practices Act, 15 USC 1692 et seq. (FDCPA), plaintiff is a debt collector and is prohibited from suing on accounts it purchased after the debt was in default. Plaintiff concedes that it is a debt collector under the FDCPA. Defendant relies on the following provisions to support his argument: The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. [15 USC 1692a(4).] 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. [15 USC 1692a(6).] In the instant case, plaintiff concedes, and we agree, that it is a debt collector under the Act. However, defendant does not allege how, if at all, plaintiff has violated any of the protective provisions of the Act. read the whole case here http://www.milawyersweekly.com/micoa/215158.htm So I’m not sure what these morons are trying to pull on you, they’ve admitted twice in court that they do fall under the FDCPA, maybe you should quote themselves in your letter to them. Here’s some other interesting stuff for your case. FTC Opinion Letter This responds to your letter dated December 2, 1993, inquiring whether Midland Credit Management, Inc. ("MCM") is a debt collector under the Fair Debt Collection Practices Act ("FDCPA" or "Act"). You report that MCM "purchases portfolios of delinquent accounts receivable for the purpose of profitable recovery, resale and cure. blah blah blahh blah..... In sum, it is our view that a party that obtains consumer obligations in default for the purpose of collection is a "debt collector" under the FDCPA, even if that party actually purchases the accounts from the original creditor http://www.ftc.gov/os/statutes/fdcpa/letters/arbuckle.htm FAIR DEBT COLLECTION PRACTICES ACT UPDATE 1999 (Scroll down to PURCHASERS OF LOAN PORTFOLIOS INCLUDING DEFAULTED DEBTS to read more about purchasing delinquent debts.) A company which acquires a block of receivables is a "debt collector" with respect to those receivables in default at the time of acquisition. The leading case is Kimber v. Federal Financial Corp., where the purchaser of credit card receivables from W.T. Grant, which had gone bankrupt, was held to be a "debt collector" with respect to those receivables which were delinquent at the time they were acquired. http://www.edcombs.com/CM/News/news7.asp Happy readings :ginger: [Edit by Swede on Tuesday, October 1, 2002 @ 06:18 PM]
  13. Financial credit corp sent me a proposal to pay an account for Bally's Health club for $1267.00 and they were offering me to bay half the amount. The story is that Financial credit corp which is Asset acceptance corp sent me the same letter about 5 months ago Offered the same deal and when i sent my validation letter they stopped contacting me and after 3 months another collection agency by the name of PDI management services sent me initial communication letter asking me that they are collecting on this account for their client which it was a different company beside the one I mentioned. So I sent PDI a validation letter and after i didn't hear from them for about 40 days I sent another 15 days validation I received the Green Card on it stamped that they received it on Sept-30, On Oct-1 they sent me a letter saying "Regarding the letter dated Sept-20,2002 about your account in our office . Your account in our office has been closed and we have since halted all collection activities. The statue of limitations has expired on this account and due to its age there has been no credit reporting. If there any other question that we can answer for you please feel free to contact --------- at --------. Yestarday i went to the post office and oppened my p.o.Box and found a letter again from financial credit corp about Bally's account offering the same thing again for me to pay half of the amount they claiming that i owe which they never validated in the first place about 5 months ago . What should i do , Should i send a nother validation ,Should i send a copy of the letter that PDI sent me showing them that the SOL has expired Or should i send Intent to file suit and seek legal help. Please advice THANK YOU in advance
  14. Listen to this. I filed a complaint against Asset with the BBB. Here is their answer. Anyone have a commment? After stating when the accounts were purchased from the OC..."As a debt buyer we rely on the information that is provided to us be the selling creditors. "In response to Ms.*****'s complaint, I would like to state that AAC has been in full compliance with the FDCPA. Ms ***** was sent the first notices on these accounts in Aug 2001 (I don't think so) and Feb 2002(don't remember). Pursuant to the FDCPA, the notice stated that the debtor had 30 days to request validation of the debt. The debtors request to validate these debts was sent in Aug 2002, which was well outside the validation period. When AAC received the validation request and dispute, they marked the accounts so that if they were being reported, they would be reported as disputed to the credit bureaus. In addition, although they are under no obligation to do so, they have requested the documents to support the accounts in question from the original creditors. When received, they will provide them to the debtor. As to the licensing issued, AAC is the owner of the account of the accounts in question. AAC is not a collection agency and is not acting as a collection agency for any other corporation. Accordingly, they are not required to register as a collection agency. In closing, I would like to state that AAC is in full compliance with all state and federal laws. If an individual proceeds against AAC in court based upon the allegations such as those in MS *****'s compliant, AAC will request that sanctions be assessed against the party who brings such a frivolous suit. I hope that his has adquately addressed the substance of the complaint, but please feel free to contact me if I can be of further assistance. Sincerely, Michael J. Beach, Corporate Counsel Asset Acceptance Corp., A Debt Collection Comp NOTICE; THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." Ok, are they a bunch a a--holes or what. Any suggestions? I sent them a validation letter Aug 20, then a 15 day letter, filed complaint with BBB because they were not licensed etc. They never replied to my debt validation letters. I received this letter from the BBB. Any help would be greatly appreciated.
  15. Please help. Don't know what to do now!! I have received three responses back from the CA's that I requested debt validation from. One from Palisades said "sorry for any inconvience, we will remove this item..." yes!!!!! The other two are the problem: (1) FMS Inc (Formerly Bankfirst, is now saying: "This letter shall serve as notification that this debt has been purchased from the original creditor listed above. Further investigation will be initiated upon receipt of the requested documentation from Bankfirst. YOu will be advised of our findings in writing as soon as the investigation is complete. Until such time as this matter is resolved, this account will be held in a disputed status in our office..." What does this mean? and what should I do now? My second one(s) are from scum bags Asset Acceptance. All they did was return the form I sent along with my letter with information they wrote with my name, address, the balance they say is owed and that they purchased the account on Feb 15, 2002 and that they reported it to each of the CRA's. They did not furnish copies of the original debt with my signature or copies of anything or any signatures or names of their contacts. What should I do? Help please!!!! [Edit by tj34994 on Friday, August 30, 2002 @ 09:44 AM]
  16. I have received my three credit reports. Listed on these are collection companies that I have not heard from (at least don't remember getting letters from) Can I still have them validate these accounts? I disputed one account with equifax and their reply was "Equifax verified that this item belongs to you." and with Asset Acceptance Corp (Collections company)for Uptons account equifax said "the creditor has verified to equifax and additional information has been provided from the original source regarding this item. See enlosed credit file." So I looked at my file, this account says "Collection Account". Also, there are duplicate entries concerning my charge offs and collections. I.e., Uptons states charge off. The Asset Acceptance Corp, who is the collection agency for UPtons, says "Collections Account". Is this normal to have double entries for the same account? One last question. I have an account with Bankfirst, which after several years, has changed collections agencies numerous times. I have never validated this account, but keep getting calls and letters. What should I do now since it has changed hands several times. Will it be harder for the present company to validate this? The letter also states that they have purchased this account and that I need to respond before they assign this to a local (Florida) agency for handling.