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Found 4 results

  1. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies. Brief scenario. Dell Financial Asset claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court appointed"...many thanks to those of you that educated me on the difference. I was late on responding to items..but then, so were they. I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL). I put the book to memory...saw some really cool ideas and went for bear. Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me". They won in court appointed arbitration. I appealed and court date set. I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing). SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California. I said..."bite me". I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003). In the appeal I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (??? I think it was 2012). I kept screaming. Kept kicking.... In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding. JAMS it is. I filed, I included everything that should have been included in the original suit, but didn't know any better. I hit them with everything I had including all their screw ups that they will be fined for. JAMS accepted it on March 19. March 27, I received an offer of .... cough cough... settlement. Pffft. A get out of jail free card for AA. I will not sign it. It is garbage. AA did not send a copy of the settlement offer to the court, as the Judge had ordered. So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration. Course not, JAMS sent them an invoice for $800. (Remember, they pay all fees.) They already owe me $350 for what I have had to file...citing same clause in agreement. AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago. They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me. I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage. YAY. So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it. Not likely. Something like that will cost them $5,000...made payable to ME. That paragraph will be changed. The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up? Not sure how much that is worth...possibly priceless. I may just say "bite me". I am trying to remember how to put up images....I photographed the entire thing. Let's see if I can post them here. I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign. Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all). So...let's figure out the image thing now and please please feel free to comment...good and bad. I need straight talk. Thanks so much!
  2. Need some help from any and all? I am down to one collection account on my credit report. The debt collector is good ole Asset Acceptance. I owed the original creditor, Beneficial, $10,000 and my DOFD is Feb 2008. (Business went south, lost my home, started a free-fall and making my way back now.) I disputed this collection account with all 3 CRA's in mid-May. The result was "verified" by all 3 CRA's. Additionally, Asset Acceptance has been actively reporting every month now with new, additional interest costs. The balance is now $13,712, I have no documentation from Asset Acceptance, nor have I ever received a phone call from them. I'm guessing I received documentation back in 2008, 2009, but I haven't been able to locate it and have nothing at this point. They are not harassing me. I compiled this original debt in the state of Oregon. SOL in Oregon is 6 years. I relocated to Nevada in 2012. Here the statute is 4 years. Either way, this debt is beyond SOL. I just mailed out CMRRR second attempt disputes of this account, but don't feel optimistic that this strategy will work. I have not mailed out an FOAD letter yet, as they are not attempting to collect from me........other than actively updating the tradeline on the 3 CRA's with additional interest. I have not DV'd them yet, as I'm not certain of the ramifications. I also have not attempted the 623 method. So I'm opening this up to suggestions. Obviously this account will drop off in mid-2015, but I'm wanting to get it off sooner. At minimum, I'd like to take an educated stab at attempting to get this account dropped from the Big 3 prior to next Summer. Let me hear some ideas and I will execute ASAP.
  3. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies, I can't find it so I can't refer to it. Brief scenario. Dell Financial Asset Acceptance claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court ordered" so I never questioned it...many thanks to those of you that educated me on the difference so I could start screaming they tricked me on purpose. I was late on responding to items..but then, so were they. I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL). I put the book to memory...saw some really cool ideas and went for bear. Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me". They won in court appointed arbitration. I appealed and court date set. I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing). I never whined, but will if I have to use that. SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California. Only used Oregon when it looked like it would help them. I said..."bite me". I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003). In the appeal following my loss in court appointed ARB, I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (??? I think it was 2012). I kept screaming. Kept kicking.... In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding. JAMS it is. I filed, I included everything that should have been included in the original response and subsequent discovery papers, but didn't know any better. I hit them with everything I had including all their screw ups that they will be fined for. JAMS accepted it on March 19. March 27, I received an offer of .... cough cough... settlement. Pffft. A get out of jail free card for AA. I will not sign it. It is garbage. AA did not send a copy of the settlement offer to the court, as the Judge had ordered. So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration. Course not, JAMS sent them an invoice for $800. (Remember, they pay all fees.) And they say I owe $1,100. They already owe me $350 for what I have had to file...citing same clause in agreement. AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago. They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me. I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage. YAY. So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it. Not likely. Something like that will cost them...made payable to ME. That paragraph will be changed. The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up? Not sure how much that is worth...possibly priceless. I may just say "bite me". I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign. Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all). Please, please feel free to comment...good and bad. I need straight talk. Thanks so much!
  4. And so the fun begins. Got served a complaint about 10 days ago. Still have 11 to answer. Been lurking here while putting together my answer to the complaint. Now I need some guidance as to how to proceed. I have read all of the topics in regards to AA and Michigan I could find here and they are great. I am trying to decide the best game plan. What I am thinking right now is to file a motion to dismiss in lieu of answer. This is intended to put them on notice I am going to fight. I would then file my answer with request for jury trial and counter-claim (still a work in progress). I will add it below, looking for any suggestions. Also would the counter-claims and request for jury trial send me out of district court to circuit or federal court? 1. Who is the named plaintiff in the suit? Asset Acceptance, LLC. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) FULTON FRIEDMAN & GULLACE, LLP 3. How much are you being sued for? 3K and change 4. Who is the original creditor? (if not the Plaintiff) DELL FINANCIAL SERVICES / CIT ONLINE BANK 5. How do you know you are being sued? (You were served, right?) SERVED IN PERSON 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? YES 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Recieved notice from AA in July 2012 that they purchased account and demanded payment in full. Sent DV in July, 2012 by normal post (I know). No response from AA. Recieved letter from Fulton Friedman & Gullace LLC in October 2012. Sent DV in October (certified). Recieved response early December from FG&G listing very little information other than CO, OC, 4 digits of OC account number, open date, last payment date, claim balance, interest due, and states that "Additional documents relating to the reference account have been requested". Last contact was when I was served on 02/12/2013. 9. What state and county do you live in? Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure if I ever did. They never gave me enough info to research. They claim last payment was 06/10/2009. Was opened on 04/20/2006 11. What is the SOL on the debt? To find out: 6 Years in Michigan 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Served. Have about 11 days remaining to answer summons and complaint. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes. Sent one to AA at first notice. Sent second when recieved 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? VERIFIED COMPLAINT ACCOUNT STATED NOW COMES the Plaintiff, ASSET ACCEPTANCE, LLC, by its attorney, and for its Complaint against the above named Defendant(s), states to this Honorable Court as follows: The Defendant(s) resides within this court’s venue and venue is proper in this court. The amount in controversy is within this courts jurisdiction. The Defendant(s) has an agreement for a/an INSTALLMENT LOAN, originally with DELL FINANCIAL SERVICES/CIT ONLINE BANK. The Defendant(s) has defaulted in payments on the above mentioned account, said account being shown in the Affidavit. See Exhibit “A” (Affidavit) and “B” (Statement of Account not previously sent to Defendant). ASSET ACCEPTANCE, LLC purchased the account shown in the attached Exhibits “A” and “B” and was assigned all rights to the account in the normal course of business. ASSET ACCEPTANCE, LLC has notified the Defendant(s) of the above mentioned account and the Defendant(s) has failed to pay for same. There is presently due and owing over and above all legal counter-claims the sum of $3,XXX.XX which includes interest at the statutory rate. See Exhibits “A” and “B”. ASSET ACCEPTANCE, LLC requests Judgment for $3,XXX.XX plus interest, costs, statutory attorney fees, pursuant to MCL 600.2441.I declare under penalty of contempt of court that to the best of knowledge, information and belief that this is good ground to support the contents of this pleading. FULTON, FRIEDMAN & GULLACE, LLP THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. EXHIBIT “A” STATE OF MICHIGAN ) ) ss. COUNTY OF MACOMB ) AFFIDAVIT OF ACCOUNT I am an employee of ASSET ACCEPTANCE, LLC (“Plaintiff”), a DELWARE LIMITED LIABILITY COMPANY, and am competent to testify to the facts set forth in this affidavit. I am familiar with the manner and method by which ASSET ACCEPTANCE, LLC creates and maintains its business records pertaining to this account. These records are kept in the regular course of business and were created at or near the time of the event. To the best of my knowledge and belief and upon review of the records in my possession, [DEFENDANTS NAME] (“Defendant”) established an account with DELL FINANCIAL SERVICES / CIT ONLINE BANK herein under account number XXXXXXXXXXXXXXX-0025. That after establishing said account, Defendant(s) incurred charges and/or fees and/or interest upon said account. Defendant(s) defaulted on their payment obligations with regard to said account. Upon information and belief, Plaintiff’s predecessor(s)-in-interest performed all of the conditions of the contract required by said contract. Thereafter, Plaintiff purchased said account for value and is now the owner of said account. That as a result of Defendant(s) payment default, the Defendant(s) named herein is/are justly indebted to the Plaintiff in the amount of $3,XXX.XX together with interest at the statutory rate. Signed: GINA VINCI Notorized Dated 2nd November 2012. ============================== EXHIBIT "B" AA Logo/Letterhead Their account number 12-XXXXXX Original Creditor Account Number XXXXXXXXXXXXXXX-XX-0025 My Name My Address City, State, Zip Date Account Information November 2.2012 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELEWARE. ASSIGNEE OF DELL FINANCIAL SERVICES/CIT ONLINE BANK Purchase Date: 06/xx/2012 Charge off balance: $3,XXX.XX Statutory interest rate: 5% Date of last payment: 6/9/2009 This is a communication from a debt collector * Not previously mailed. ==================================================== If you are inquiring about a the best way to sue someone, you need to answer the following questions (as much as possible): 1. Who are you suing? ASSET ACCEPTANCE 2. How old is the debt? Opened 4/2006. Last payment reported 6/2009 3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report? YES 4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion. NO 5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection? Recieved notice from AA in July 2012 that they purchased account and demanded payment in full. Sent DV in July, 2012 by normal post (I know). No response from AA. Recieved letter from Fulton Friedman & Gullace LLC in October 2012. Sent DV in October (certified). Recieved response early December from FG&G listing very little information other than CO, OC, 4 digits of OC account number, open date, last payment date, claim balance, interest due, and states that "Additional documents relating to the reference account have been requested". Last contact was when I was served on 02/12/2013. 6. What state are you in? MICHIGAN 7. What kind of debt is this? (credit car, auto loan, student loan). AA Claims it to be an INSTALLMENT LOAN which I think means it is an Open Account. 8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated... Still researching this. Will be posting my answer to the complaint shortly which will have this listed. Also trying to see how to tie this against their consent decree with the Feds.