I am writing because of the numerous calls I have been getting from this company recently. I have this company lists com my credit recollection factoring company account. This account was originally opened through Shane Co in 2007. It was charged off by them for non payment.
From what I can tell by my credit report, Asset Acceptance LLC, got this account on 6/4/2010. I had made payments to them on the past with the last payment made on 11/23/2011. Both this and the Shane Co are on my credit report for 7 yrs. with a removal date of 11-2014. All of a sudden, I started getting calls from Asset Acceptance on 4/17/2014 regarding this same bill.
They are telling me the interest in adding up on this bill. It has been charged off! How is this so? In the meantime, they issued a fraudulent check on my bank acct for $100.00 which I immediately reported to my bank and closed the account. I have a question-how can they continue to harass me over something that is 7 yrs old? I am trying to get this and the Shane co off my credit report.
In the meantime, Asset Acceptance has continued to call me 2-4 times each day including weekends. I am trying to ride out the few months that I do have left of this nightmare and hopefully have a better credit record after all. I have always paid all my bills and my credit report reflects this also. Shane co was a bill of my daughter and she didn't pay. That is how all this mess started in the first place. Please help me get this bully and haressing company off my back for good! I will not give them anymore of my money!
Robert
Irvine,#2Consumer Comment
Sun, May 04, 2014
I am sorry to say but your "nighmare" may just beginning, and the sad part is that it was basically of your doing.
First of all you seem to be confused about a "Charge Off". A Charge-Off doesn't mean the debt just goes away or any Interest stops being assessed. It is bascially just an accounting term that creditors are required to do by law. Now, you are right that a bad debt can only remain on your credit for 7 years and it will come off according to you in 11/2014. But that does NOT make the debt go away.
There is another aspect you have failed to take into account. There is something called the Statute of Limitations, which is a period of time a creditor can come after you in court and file suit against you. This time varies based on the type of debt and your State. Now, it appears that you are in GA and in GA the Statute of Limitations is 4-6 years depending on the type of debt. The SOL goes from the date of your last activity(payment). Since based on your admission that your last payment on this debt was in 11/2011, they actually may have until 11/2015 or 11/2017 to file a suit. If they file suit you will be required to go to court and if you loose again depending on the state they may be able to garnish your wages or attach your bank account. Then to make this very clear..this is totally independent of the Credit Report Reporting period for the debt. If you get a judgement against you, that again can be on your report for another 7 years(or longer if it can be renwed).
Now, you have a few other things. First of all since they are a 3rd Party Collection Agency they must abide by the Fair Debt Collection Practices Act(FDCPA). This include the ability for you to notify them in writing that you want them to stop calling you. This can be done by sending them a "Cease Commuications" letter by Certified Mail. Just remember that even if you request this, they can still take other actions such as filing suit. Also, if they truly did submit a fradulent check you did not approve that is a violation of the FDCPA and you can go after them in Civil Court. If you prevail you can get $1000 in Statutory Damages.