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  • Report:  #210762

Complaint Review: Asset Acceptance - Warren Michigan

Reported By:
- Western, Kentucky,
Submitted:
Updated:

Asset Acceptance
28405 VanDyke Ave Warren, 48093 Michigan, U.S.A.
Phone:
583-939-9600
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
This company purchases "old" debt for pennies on the dollar. They violate the Fair Debt Collection Practices Act, 14 USC 1962g Sec. 809 (b) constantly. Which means, if you are contacted by this company and request in writing that they "validate" the debt by giving you the following information:

1) Identify the original debtors name, address, phone number and original debt account number.

2) What the money they say you owe is for.

3) Copies of any papers that show you agreed to pay what they say you owe.

4) Prove the Statute of Limitations has not expired on the account.

5) Provide proof that AA LLC is licensed to collect in you state.

6) Provide you with AA LLC's license numbers and the Registered Agent's name and legal mailing address.

You will find that Asset Acceptance will not respond with anything other than another letter stating what they intend to do if you don't pay the amount they are saying you owe.

Attn: Deb Everly

Asset Acceptance LLC

28405 VanDyke Ave

Warren, MI 48093

I sent the above named person a Certified, return receipt letter, which was signed by S.Celemnts on 11-25-05, after calling this company and requesting numerous times that they "Validate" their claim. RESEARCH AND GET A NON 800 # SO YOUR PHONE RECORDS WILL SHOW YOU CALLED THEM. They have their 800 number for a reason, you will find it very difficult to prove you've called them and they can deny it...sad thing is, how are you going to get their phone records to "prove" you've called? You can't.

Keep in mind, VALIDATE and VERIFICATION are two different words and this company will use the word Verification over Validate because they know that legally, these words have two totally separate definitions.

Black's Law Dictionary

Valid, adj. 1. Legally sufficient; binding
Verification, n. 1. A formal declaration either made in the presense of an authroized office, such as a notary public, or (in some jurisictions) made under oath but not in the presence of such an officer, whereby one swears to the truth of the statements in the document. Lossely, ACKNOWLEDGMENT.

Don't forget, they have corporate lawyers on their side to "play the game" for their benefit.

Another thing they love doing is using the law and sending notices requesting that you prove you "don't" owe the debt.

The Attorney General was sent a notice about this company and a Corp Lawyer for AALLC sent him a letter stating that I never responded to their numerous attempts to collect this debt. In effect, the Corp Lawyer pretty much stated that AALLC does contact people "numerous times". I have to send the AG of Michigan verification that this debt is not valid, which includes my phone records, copies of the certified letter and other documents to "prove" the Corporate Lawyer lied in her letter to him.

The only time I've been given any information about the account, was from the Attorney General's office after AALLC contacted him regarding my complaint.

So, now you're asking me, "Tammie, what can I do with my problem". Well, I'll give you my "opinon" I cannot advise you or tell you what you should or should not do.

1) Keep all notices sent to you from this company. Respond to each notice seperatly via the USPS and certified mail. Go to your post office and pick up about five of these PS form 3811 (green card, certified, domestic return receipt card). Fill the card out, fill out your envelope and make sure that you ADD THE ARTICLE NUMBER FROM THE GREEN CARD TO THE BOTTOM OF YOUR LETTER.

This will prove what letter was sent on what day, no room for doubt.

2) Prior to contacting this company about your account, get a NON 800 number. You will need this to prove through your phone records that you did in fact call them.

3) Never admit to oweing the debt, always request that AALLC VALIDATE that you owe the debt. You could request the following.

Identify the original creditor, with their legal business name and legal mailing address, phone number and the original account number.

Provide "verification" or copy of any judgment if applicable.

Provide or show that AALLC is licensed to collect in your state.

(remember, they are a collection agency, and in order to be so they must have a collection agency license).

4) Become familare with the FAIR DEBT COLLECTION PRACTICES ACT, 15 USC 1692g Sec. 809 (b).

Here is a link

ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

You cannot fight fire with wind, you need to know the laws that protect you as a consumer as well as against those companies who violate the FDCPA.

I hope this helps those of you who are dealing with this company. I'm in no way helping people who honestly owe on a debt, I'm here for those of you who feel that this company isn't helping you with a debt they claim you owe, or a debt you know you "don't" owe.

For those of you who know you owe a debt, you might want to contact the company...VIA a NON 800 number and ask if you can set up payments. Or you can even ask them if they would be willing to accept half of the lump sum and void the debt. How do I do that?, you might be asking.....

Even collection agencies are in the negotiation business, it's part of the job.

They think, "Hey, half of this is better than nothing".

You could ....

1) Send a letter to AALLC stating that you would like to work on some terms to pay off "part" of or "half" of the debt owed. Do not agree to anything unless you get something from them in a form of a written contact.

2) The agreement (not verbal but written contact) should be specific to what you agree to pay and they agree to accept.

3) AALLC will send out a letter (after all other attempts have failed) offering to accept half of what you might owe. Get them to agree on the terms and give you a copy for your records. Don't sign anything unless you agree to the "terms". It will be considered a binding contact and if you fail to follow the terms, they can take you to court and submit default on the contact with the 3 major reporting agencies.

The other thing to remember is that they don't have to have you in a court room with them, they can have you served, you don't show up because it's in another state, you default on the court date and the judge will render a judgment for them.

Be very clear about what you're willing to pay on the debt you owe and how you will pay if off. In one lump sum? In installments? Within a year?

It's your credit, and you do have rights.

No, this is NOT legal advice....the statements contained in this are my opinions only. When in doubt, do research or obtain a lawyer.

Best of luck to everyone.

Tammie

Western, Kentucky
U.S.A.


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