- Report: #277109
Complaint Review: Asset Acceptance LLC - Warren Michigan
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Asset Acceptance LLC
P.O. Box 2036 Warren, 48090-2036 Michigan, U.S.A.
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Asset Acceptance LLC Are You Kidding Me Warren Michigan
Asset Acceptance LLC originally contacted us in early 2005 stating that my husband allegedly turned on an SBC telephone in Detroit Michigan in May 2000. The phone was reportedly turned off in October of 2000 due to nonpayment. We have never lived in Michigan. Anyway, the calls began and never stopped. When we finally got them to believe that we never lived in Michigan, nor do we know anyone that lives there, they asked us to file a report with the fraud department. We went to our local sheriff's office who were very resistant to filing a report. They stated that it sounded more like an SBC problem than a law enforcement issue. After we begged, they finally produced a report. We sent all of the information, as requested, to Asset Acceptance LLC on April 11, 2005. In addition, we attempted to contact SBC (they were also our current phone provider at the time), asking them to help us get this mess cleaned up. SBC refused to talk with us and told us that they sold the account in 2003. In the end, providing the information to Asset Acceptance LLC stopped the calls for a while. Now I am receiving frequent calls from Asset Acceptance LLC. They are now stating that I, not my husband, had the phone turned on and if I would just pay them they could take care of the problem now. I explained to them that we have already dealt with this issue in the past and it was supposed to be cleared up. They said that I was mistaken because it is now another phone number. (We checked our credit reports and we have not had our identity stolen). They want me to pay the money right now in order to have this settled. The probem, my husband's credit still states that we have an outstanding debt with Asset Acceptance, and now mine does. It appears if they couldn't get the money from my husband then they are going to try to get it from me. We have good credit, we always have paid our bills, and now we are in the middle of this insanity that will not stop. At times I just don't answer the phone, other times I do, in hopes that someone will listen to me. I told them that if I owed them the money I would pay them, but I will not pay for something that I don't owe. Is there help for me? I feel like I am going crazy!
Jennifer
Fremont, Ohio
U.S.A.
Jennifer
Fremont, Ohio
U.S.A.
2 Updates & Rebuttals
Tim
Valparaiso,Indiana,
U.S.A.
You've got some issues!
#2Consumer Suggestion
Mon, October 08, 2007
Well, Jennifer, you're in luck. In the State of Michigan, where this debt allegedly originated, the statute of limitations for collections on a contract is six years. This means that their right to sue you expired in October of 2006. Further, under the FCRA, a debt is only allowed to remain on your credit report until the statute of limitations on collection has passed, or seven years, whichever is shorter. So it looks like you have a few FCRA claims, and possibly some FDCPA claims as well. If I were you, I would find myself a lawyer to sue the collection agency and possibly one or more of the CRAs. If the prospect of litigation scares you, then I have some good ideas for a letter you could fire off to them. But first, I want you to do the following: Find copies of the FDCPA and the FCRA. A simple google search will pull these up for you. Make a record of each section of each of these Acts that you feel has been violated. Come back and list each such section, and briefly state why you feel each section was violated. Then we can work from there.
John
Louisville,Kentucky,
U.S.A.
Advise
#3Consumer Comment
Thu, October 04, 2007
You need to understand that this firm is basically trying to extort money from you...deliberately damaging your credit file in order to force you to pay them for a debt that was never yours....Don't play their game... #1) If they have placed bogus negative information on your credit reports for a debt that you never had, you need to challenge this with the credit bureaus (Equifax, TransUnion and Experian), and NOT with Asset Acceptance. Send a registered letter with return receipt to all three credit bureaus stating that the notations for Asset/SBC are incorrect, you never had this alleged debt and that you are requesting that they validate the debt. Per federal law (the Fair Debt Reporting Act), they are required to validate the debt as legitimate within 30 days...if they don't they must pull the negative entries off your credit file. Note: include photocopies of your driver's license and social security card in these request. If you don't do this they'll probably write back requesting this info, delaying your request by over a month. Send another letter via registered letter with return receipt to Asset stating: I do not recognize this alleged debt. Per the Fair Debt Reporting Act I am exercising my rights under federal law to have this debt validated. Per federal law you must cease all collection activity until this validation is completed. We will be receiving an official notification from the USPS that you have received this request for validation. Any phone calls made during this time period will be in violation of Fair Debt Collection Act. Do what I outlined above. If the calls still persist...every time they call, state: This is to inform you that this phone call may be recorded. If you do not consent to being recorded, you are advised to hang up. Continuing this call after being officially advised that the call may be recorded implies consent to be recorded. This information may be used against you for violations of federal law under the Fair Debt Collections Act. This tactic will almost always stop calls. Do NOT speak with these people on the phone under any circumstances. Keep any communication in writing. Do not give in to any bogus threats like arrests or wage garnishments....They have no such power over you. Good Luck!
