Correct mailing address for AACC Asset Acceptance

[WinterSky]

I'm at my wit's end about AACC. I first heard from them in early July 2010, with a few calls to my house, hanging up when I answered. After a few days of that, I had a voice mail saying if I stayed on the line, I was acknowledging who they said I was (scarily, they used my actual name). I wasn't home for that call, so I couldn't hang up if I wanted to. A few days after that call, I received a bill from AACC for $227.00 saying the original account was with Sunoco. First of all, I've never visited a Sunoco gas station. Second, my wife and I have always had excellent credit; we have no debts, old or current. It was rather jarring to be contacted by a collection agency, so I searched the web and found many complaints about AACC and other bottom-feeder CAs. I learned more than I ever wanted to about zombie debt, SOL, debt validation and cease and desist letters.

I used the info I learned and sent AACC a letter requesting validation of my alleged debt. Certified mail, return receipt requested. I got the postcard back showing they had received my letter, then I heard nothing from them for 5 weeks. They sent me their own version of a "debt validation" document: one sheet of paper on their letterhead with the exact same info from the first bill they had sent. There was one important piece of info added, though: the last four digits of a social security number which they claimed to be mine. Aha, I thought. I've got 'em now. The digits were not even close to mine. I sent them a cease and desist letter, with copies of their first bill and a copy of the "debt validation" with the incorrect ss# circled. NOT MINE. I mailed the c&d certified mail, return receipt requested and got my postcard a few days later. They HAD received it.

From everything I've read on the different debt and scam forums, a cease and desist letter will usually put a stop to CA harassment. Just my luck, my letter seemed to intensify my problems with AACC. I've been getting calls from them every day for the past two weeks. They call and leave a silent 4 second voice mail. If there's one thing I've learned from the forums, it's to NEVER speak to a CA on the phone. I have caller ID and I absolutely won't pick up the phone if it's someone I don't know. It is extremely annoying to say the least to have a CA calling on a daily basis. I thought the cease and desist letter would stop them, but it hasn't. About a week ago, I sent copies of everything to the NJ and MI attorneys general and filed complaints against AACC. I haven't contacted the FTC yet, as I know they just look for complaint patterns against particular companies. I'll get around to it, but my goal now is to get AACC off my case.

My questions to this forum are:

1) Did I send my c&d letter to the correct party to be effective? I sent it to AACC's PO Box (2036) in Warren, MI. I read on a "Who-called-me" forum yesterday that a c&d should be sent to AACC's "registered service agent" in Michigan: The Corporation Company, 30600 Telegraph Rd, Suite 2345, Bingham Farms, MI, 48025. Has anyone ever heard of this or sent something to this address? The forum entry was from 2008, so I don't want to waste my Certified postage if this isn't a valid address.

2) Is it common for a CA to keep harassing you after receiving a cease and desist letter?

3) Probably most importantly, how did AACC get my name, address and (unlisted) phone number for a debt I never had? I know there's no real answer, but this troubles me greatly. My wife and I don't have any children or relatives, so there's no one living at our address who could've possibly generated a debt. And why is a false ss# attached to my name and address? Is this just a trick AACC used to get me to call them?

I'd much appreciate any advice or info anyone can give me about my situation and how to stop the harassment. I know I can get $1000 per call if I take AACC to court, but I really don't have the time or money to pursue that course. I just want the bottom-feeders to leave me alone. It's NOT MY DEBT!

[WhoCares1000]

1) If the address was on their letterhead, then yes, you sent it to the correct place UNLESS the letter directed you to send disputes and legal matters to a different address. I cannot see any lawyer stating that the address on a letterhead is the wrong address to send communications to with a straight face (ok, the lawyer may be able do it but can the judge keep a straight face hearing that).

2) No, it happens at time but it is not common as most of the time, the C&D means, that you mean business.

3) Lexus Nexus or an assortment of other databases. There is probably someone nearby with a name similar to yours who owes the debt. Happens with more frequency than you think.

If you do not have the time to do the court stuff, look for an NACA attorney in your area and let them do the work. The attorney collects from the AACC if they win the case (and most do). You have enough proof with the records you have kept about the calls after the C&D.

[cinnamngrl]

1) If the address was on their letterhead, then yes, you sent it to the correct place UNLESS the letter directed you to send disputes and legal matters to a different address. I cannot see any lawyer stating that the address on a letterhead is the wrong address to send communications to with a straight face (ok, the lawyer may be able do it but can the judge keep a straight face hearing that).

2) No, it happens at time but it is not common as most of the time, the C&D means, that you mean business.

3) Lexus Nexus or an assortment of other databases. There is probably someone nearby with a name similar to yours who owes the debt. Happens with more frequency than you think.

If you do not have the time to do the court stuff, look for an NACA attorney in your area and let them do the work. The attorney collects from the AACC if they win the case (and most do). You have enough proof with the records you have kept about the calls after the C&D.

+1

NACA attorney can bill all of there fees to the offending party so they will work hard for you.

[MrMarshall]

I get calls from them everyday for my brother. And he doesn't even live with me. I tell them everyday, he doesn't live here.

[WhoCares1000]

Again, a C&D letter and $6 to send it CMRRR would put a stop to it.

The problem is, since you are a 3rd party, you have less rights under the FDCPA because you cannot send a DV and there is a clause that says they can continue to contact you more than once if they feel you are lying or have more information.

However, the C&D letter is one right you do have and that trumps the lying clause.

I get calls all of the time for my sister, brother, mother, previous owner of my place and his children and grandchildren who sponged off, and people I have never heard of in my life who had my phone number before I did. The first time, I politely tell them I do not have any information (or in some cases if I am willing and have information, give them the information) and tell them not to call anymore. On the second call, I get less polite and out goes the C&D letter. I have not had any calls once the C&D letter hits so it is worth the $6 everytime I do it.

Should they try to continue calling after the C&D letter, my next steps would be a complaint to the state AG (after all, if I do my research, I should have the company's license number and that of each collector, required in MN) and/or a call to a lawyer to see if I have a case (which I would think I would have).

Just be polite but firm on the phone and follow the process as the law is written and you should stop the calls for a time.

[WinterSky]

An update since I first posted: I contacted an attorney's office on Friday and am waiting to meet with him. If he thinks I have a case, I'll sue AACC for violating the FDCPA. I also received a postcard from the Michigan Attorney General's office saying they are reviewing my complaint against AACC. I haven't heard anything from the NJ AG's office yet.

Has anyone in this forum ever successfully sued a CA? What is the process like? Is it difficult to collect the money from them if you win? Also, if the CA has their own attorney, can he legally ask for any of my personal info? The CA already has my name, address and unlisted phone number, but has cited the last four digits of a social security number which is not mine.

Any info, ideas or experiences about this would be greatly appreciated.

[cinnamngrl]

I think it is ok to pursue this under FDCPA, because the name matches (social doesn't)

however if that doesn't apply then the TPCA should and I think you can make more money