- Report: #232540
Complaint Review: Asset Acceptance - SanAntonio Branch
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| Asset Acceptance - SanAntonio Branch Box 2036
Warren, Michigan U.S.A. |
|
Asset Acceptance - SanAntonio Branch Collection Agency Scam, Trying to Collect on a 13year old Credit Card, Ripoff Warren Michigan
*Consumer Comment: Asset Acceptance - Make 'em sweat if nothing else
*Author of original report: Response from the Asset As...( Bleeeeep )!
*Consumer Suggestion: Feleicia
*Author of original report: F/ U to the Frudulant Collectors
*REBUTTAL Individual responds: asset acceptance texas, BUZZARDS IN THE HUMAN FORM
*Consumer Suggestion: FOR A CONSUMER ADVOCATE ATTORNEY IN TEXAS CALL BUD HIBBS
*Consumer Suggestion: APR question
*Consumer Suggestion: Feleicia
*Consumer Comment: Why, right here by golly.
*Consumer Comment: Why, right here by golly.
*Consumer Comment: Why, right here by golly.
*Consumer Comment: Why, right here by golly.
*Author of original report: Thanx You for your quick response, " J " & " P " !!
*Consumer Suggestion: also since you are in texas contact budhibbs.com for a referral
*Consumer Suggestion: also since you are in texas contact budhibbs.com for a referral
*Consumer Suggestion: also since you are in texas contact budhibbs.com for a referral
*Consumer Suggestion: also since you are in texas contact budhibbs.com for a referral
*Consumer Comment: Feleicia
Does your business have a bad reputation?
Fix it the right way.
Corporate Advocacy Program™
I received a call today from an Asset rep from the San Antonio, TX branch stating my fiance had a CitiBank Credit Card opened Feb 1994, last paid on it July 2003 and we had 24 hours to make a settlement with them or else they would sue us through the State of Texas & seek a lien on our year old home.
He proceeded to say 24%APR interest is still encruing, the balance as of July 2006 was $ 10,750.33 and to date is now $11,803.28. He told us he wants us to do a check by phone at $500/mos for next 24 mos. I had a panic attack when he said they would seek a lien on our home. Then I seen the horror stories on RipOffReport.com.
Can any one tell me the Statute of Limitations for Texas? Can anyone please lead me in the right direction on how to handle this company? When they called my home the guy said he needs a response in 24 hrs but when my fiance called he told him he would need a check by phone within 48 hrs.
Feleicia
Houston, Texas
U.S.A.
He proceeded to say 24%APR interest is still encruing, the balance as of July 2006 was $ 10,750.33 and to date is now $11,803.28. He told us he wants us to do a check by phone at $500/mos for next 24 mos. I had a panic attack when he said they would seek a lien on our home. Then I seen the horror stories on RipOffReport.com.
Can any one tell me the Statute of Limitations for Texas? Can anyone please lead me in the right direction on how to handle this company? When they called my home the guy said he needs a response in 24 hrs but when my fiance called he told him he would need a check by phone within 48 hrs.
Feleicia
Houston, Texas
U.S.A.
This report was posted on Ripoff Report on 01/24/2007 09:44 PM and is a permanent record located here: http://www.ripoffreport.com/r/Asset-Acceptance-SanAntonio-Branch/Warren-Michigan-48090/Asset-Acceptance-SanAntonio-Branch-Collection-Agency-Scam-Trying-to-Collect-on-a-13year-232540. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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Search Tips#1 Consumer Comment
Asset Acceptance - Make 'em sweat if nothing else
AUTHOR: John - (U.S.A.)
SUBMITTED: Saturday, December 08, 2007
My wife and I had a similar situation happen with AAC - we got hit with a suit from Gateway computer, and they used the National Arbitration Bureau (another ripoff in and of itself). So we motioned and countermotion, until finally the court day came.
Small claims court in Florida is generally a joke: the laws and rules are murky at best, most judges are rookies who were just elected to office, and most cases are little guys who owe $5000 and under - with 90% going to mediation. In our case, mediation was never offered since Asset was trying to "confirm" an arbitration judgment.
Here's where it was fun: the attorney for Asset was ill-prepared for a fight, and I came armed with some obscure knowledge of Florida debt collection - Asset won the case strictly on fuzzy math and the judge's lack of knowledge of his own state's debt collection statutes. In either case, it was entertaining to listen to the attorney say (he actually said this) "let me pull my file and do my math real quick" and you could hear him clacking an adding machine in the background! In the end, the judge sided with Asset, and we got hit with a $3000 judgment - however, Asset has not gone for garnishment (like they have a tendency to do!) and has since sent us plenty of letters offering to settle out! I have since sent them numerous letters promising an appeal of the case (mainly bluster since Florida makes it VERY expensive to appeal small claims cases - $250 just to FILE!) So right now I'm waiting.
I am interested to know which states have class-action cases pending against AAC (FYI: It's an LLC, so it doesn't have "owners" per se, but rather stockholders - the founder of the company no longer holds any liability - imagine that!). This is a company that in some cases is doing legitimate collection work, but by and large is a scavenger trying to pull old debts, re-age them, and sucker people into paying debts that are no longer valid.....
How interesting it is that now that the financial busness lobby no longer controls government, they are much more willing to negotiate - again, imagine that!
Small claims court in Florida is generally a joke: the laws and rules are murky at best, most judges are rookies who were just elected to office, and most cases are little guys who owe $5000 and under - with 90% going to mediation. In our case, mediation was never offered since Asset was trying to "confirm" an arbitration judgment.
Here's where it was fun: the attorney for Asset was ill-prepared for a fight, and I came armed with some obscure knowledge of Florida debt collection - Asset won the case strictly on fuzzy math and the judge's lack of knowledge of his own state's debt collection statutes. In either case, it was entertaining to listen to the attorney say (he actually said this) "let me pull my file and do my math real quick" and you could hear him clacking an adding machine in the background! In the end, the judge sided with Asset, and we got hit with a $3000 judgment - however, Asset has not gone for garnishment (like they have a tendency to do!) and has since sent us plenty of letters offering to settle out! I have since sent them numerous letters promising an appeal of the case (mainly bluster since Florida makes it VERY expensive to appeal small claims cases - $250 just to FILE!) So right now I'm waiting.
I am interested to know which states have class-action cases pending against AAC (FYI: It's an LLC, so it doesn't have "owners" per se, but rather stockholders - the founder of the company no longer holds any liability - imagine that!). This is a company that in some cases is doing legitimate collection work, but by and large is a scavenger trying to pull old debts, re-age them, and sucker people into paying debts that are no longer valid.....
How interesting it is that now that the financial busness lobby no longer controls government, they are much more willing to negotiate - again, imagine that!
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What's this? #2 Author of original report
Response from the Asset As...( Bleeeeep )!
AUTHOR: Feleicia - (U.S.A.)
SUBMITTED: Tuesday, February 06, 2007
Isn't it funny how I received a response from the manager of Asset who said " Thanks for your request for additional info concerning your account. Here is the info you requested". (This was page 1). Guess what was page 2? Assets letter head w/ a copy of the account statement neatly typed out. All nine of my explicit questions were ignored!!! LMAO!!! Oh wait ! It gets better ! There was a 2nd letter that said "It's Tax Return Time! We'll take 1/2 off the now $12,000 you owe!" This is a joke right? So I am resending a 2nd RRR (3 pages long) the ignorance of ignoring the 1st letter, demanding the same questions, and also relaying to them that I have a complete understanding (now) of the law and my rights as well as the many violations that have been sighted. I have not mailed the letter off yet- probally will be this weekend before I can get to it.
The only thing the losers provided was the CitiBank Acct #. I took the liberty of calling Citibank and they said the acct was closed over 7 years ago and they could not locate any current information from there, and referred me to look at the credit report which nothing is there other than the closed citibank acct which has a COMPLETELY DIFFERENT ACCT # ON IT AND SHOWS IN OUTSTANDING STATUS.
Any further thoughts? Next steps? You guys are my "Yellow Brick Road" forsay. You've lead the way, I have followed, and you've gave me more knowledge than I would've ever have attempted to get on my own. For that I whole heartedly THANK YOU ALL and am TRUELLY GREATFUL!!
The only thing the losers provided was the CitiBank Acct #. I took the liberty of calling Citibank and they said the acct was closed over 7 years ago and they could not locate any current information from there, and referred me to look at the credit report which nothing is there other than the closed citibank acct which has a COMPLETELY DIFFERENT ACCT # ON IT AND SHOWS IN OUTSTANDING STATUS.
Any further thoughts? Next steps? You guys are my "Yellow Brick Road" forsay. You've lead the way, I have followed, and you've gave me more knowledge than I would've ever have attempted to get on my own. For that I whole heartedly THANK YOU ALL and am TRUELLY GREATFUL!!
Respond to this report!
What's this?
collection companies are NOT creditors and are not given the same rights and protections as an creditor.
I read somehwere, it was illegal, for a collection company to list as account as a factory account. I'm trying to fine that for you, Maybe Steve from Florida or P and Tom, have that information.
misrepresentation of a debt is a violation of the FDCPA.
I would dipute this factory account debt and ask for clarification, that way you can use there answer against them later. google bud hibbs and look around, his site, there may have some info. on their to help you.
I read somehwere, it was illegal, for a collection company to list as account as a factory account. I'm trying to fine that for you, Maybe Steve from Florida or P and Tom, have that information.
misrepresentation of a debt is a violation of the FDCPA.
I would dipute this factory account debt and ask for clarification, that way you can use there answer against them later. google bud hibbs and look around, his site, there may have some info. on their to help you.
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What's this? #4 Author of original report
F/ U to the Frudulant Collectors
AUTHOR: Feleicia - (U.S.A.)
SUBMITTED: Monday, February 05, 2007
Thanks for all those who gave such terrific advice. 01/27/07 I faxed and also sent via RRR for all three addresses Asset Alliance has (1)to stop all communication other then by mail & (2) to submit proof of monies owed to them / records of debt in order to ensure I get a response. I also bought a book on Texas Laws yesterday and info on the Debt Collection Laws. I pulled the credit reports and there is NOTHING in the report from my fiance's bad history they claim from the "stone age". He had a second credit card from the same bank in which shows fully paid and in good standing / closed by customer after payment fulfilled in 2003. SO just what is this creep trying to pull?! Anyhow, how long should I wait to hear thier response? 30 days? And if one is not received what then? Another thing, Asset Alliance is shown to pull my fiance's credit report on 4/2006,10/2006, 11/2006 then put a "collection loan type : factoring company account" on his credit report effective 4/2006. Why are they continually pulling his report w/o his consent/knowledge? We are also going to dispute this with the credit bureau. Theses people are crooks and there should be a better set of laws to punish corrupt companies such as Asset Alliance.
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What's this? #5 REBUTTAL Individual responds
asset acceptance texas, BUZZARDS IN THE HUMAN FORM
AUTHOR: Roger - (U.S.A.)
SUBMITTED: Sunday, February 04, 2007
These people are scavengers. What really disturbs me is how many people let this go to default judgment. Many don't have access to the Internet and think they have a whole life in front of them and don't understand how much this can harm their credit in the future. I feel for them. If you live in texas and your county or parish has a has a web sight, go to the search option for civil actions use asset acceptance as your search. A few stood them down, the rest settled for a default judgment. I want to thank all these recent posted comments. Just get pro- active! First (in texas) send a post to this web sight (if you don't they're watching, you're wrong). Then if you live in texas (at your discretion only) under texas law send them a certified letter (with return receipt requested) saying that you request don't call me at home or my work phone and the second is to request all their files concerning you then wait and see what happens. The plus to all this is there is a web sight that allows you do this. The more posted the better, roger in texas.
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What's this? #6 Consumer Suggestion
FOR A CONSUMER ADVOCATE ATTORNEY IN TEXAS CALL BUD HIBBS
AUTHOR: P - (U.S.A.)
SUBMITTED: Friday, January 26, 2007
He can connect you with lots of folks in your area who may give you a free consult
here is buds # CONSUMER HELPLINE 1-817-589-4284
here is buds # CONSUMER HELPLINE 1-817-589-4284
Respond to this report!
What's this?
The answer is how can the interest still be accruing even if the account has been charged off? Most cardholder agreements have a clause saying that by signing the card, you agree that interest can be charged on the card as long as there is an outstanding balance. Personally, I don't think this is fair, but your fiance signed a contract with them. They provided a service to him, and have held up their end of the contract.
The SOL has not expired on this card, as in Texas it lasts 4 years after the last payment on the account. If the account was last paid in july of 2003, they have till july of 2007.
The SOL has not expired on this card, as in Texas it lasts 4 years after the last payment on the account. If the account was last paid in july of 2003, they have till july of 2007.
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What's this?
The following Laws should be helpful for you to get a good understanding of what your dealing with, there too long to print out here, sorry
Texas debt collection act:
392.301,
392.302,
392.303,
392.304,
google: collection agency lien on property in Texas: click on(problems with creditors and debt collector)
41.002(a) definition of homestead,
41.001 personal property exemption
it will be easier for you to read these, as you read up on them, if they give any other statute numbers go to those too, in case there is a subsection within the statute.
sorry I couldn't be of more help
Texas debt collection act:
392.301,
392.302,
392.303,
392.304,
google: collection agency lien on property in Texas: click on(problems with creditors and debt collector)
41.002(a) definition of homestead,
41.001 personal property exemption
it will be easier for you to read these, as you read up on them, if they give any other statute numbers go to those too, in case there is a subsection within the statute.
sorry I couldn't be of more help
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What's this? #9 Consumer Comment
Why, right here by golly.
AUTHOR: John - (U.S.A.)
SUBMITTED: Thursday, January 25, 2007
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
I thought there was a cap on penalties but can't seem to find it so I could be wrong.
I thought there was a cap on penalties but can't seem to find it so I could be wrong.
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What's this? #10 Consumer Comment
Why, right here by golly.
AUTHOR: John - (U.S.A.)
SUBMITTED: Thursday, January 25, 2007
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
I thought there was a cap on penalties but can't seem to find it so I could be wrong.
I thought there was a cap on penalties but can't seem to find it so I could be wrong.
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What's this? #11 Consumer Comment
Why, right here by golly.
AUTHOR: John - (U.S.A.)
SUBMITTED: Thursday, January 25, 2007
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
I thought there was a cap on penalties but can't seem to find it so I could be wrong.
I thought there was a cap on penalties but can't seem to find it so I could be wrong.
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What's this? #12 Consumer Comment
Why, right here by golly.
AUTHOR: John - (U.S.A.)
SUBMITTED: Thursday, January 25, 2007
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
I thought there was a cap on penalties but can't seem to find it so I could be wrong.
I thought there was a cap on penalties but can't seem to find it so I could be wrong.
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What's this? #13 Author of original report
Thanx You for your quick response, " J " & " P " !!
AUTHOR: Feleicia - (U.S.A.)
SUBMITTED: Thursday, January 25, 2007
I read some other individual accounts where you gave great insight concerning how to write the letters of dispute, etc. I'll sending to Asset certified - return receipt (to be done tomorrow).
I am also in the process of getting my finace's credit report. I didn't tell the collection guy my name but he was wanting me to verify info and I didnt do this either. What I can't understand is how this so-called debt is still encruing 24% APR?
MOST IMPORTANTLY!! Where do I find out about the laws on these debt companies taking a lien on our home? I need to know if Texas has such a law. No attorney here will talk to you w/o a consult fee.
F. (originator of this report)~ Houston, TX
I am also in the process of getting my finace's credit report. I didn't tell the collection guy my name but he was wanting me to verify info and I didnt do this either. What I can't understand is how this so-called debt is still encruing 24% APR?
MOST IMPORTANTLY!! Where do I find out about the laws on these debt companies taking a lien on our home? I need to know if Texas has such a law. No attorney here will talk to you w/o a consult fee.
F. (originator of this report)~ Houston, TX
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What's this? #14 Consumer Suggestion
also since you are in texas contact budhibbs.com for a referral
AUTHOR: P - (U.S.A.)
SUBMITTED: Thursday, January 25, 2007
his site has this company listed too
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What's this? #15 Consumer Suggestion
also since you are in texas contact budhibbs.com for a referral
AUTHOR: P - (U.S.A.)
SUBMITTED: Thursday, January 25, 2007
his site has this company listed too
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What's this? #16 Consumer Suggestion
also since you are in texas contact budhibbs.com for a referral
AUTHOR: P - (U.S.A.)
SUBMITTED: Thursday, January 25, 2007
his site has this company listed too
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What's this? #17 Consumer Suggestion
also since you are in texas contact budhibbs.com for a referral
AUTHOR: P - (U.S.A.)
SUBMITTED: Thursday, January 25, 2007
his site has this company listed too
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What's this?
(16.004(a)(3): If you breach a contract in Tx. the other party has 4 years to sue you.
Was this account last paid on in july 2003, or is this the collection agency telling you this, to keep the debt within the statute of limitation?
Pull your credit report and see if citibank, is still listed, look for the date of last activity or charge off, these type of debts can only be reported for 7 years to the credit bureau
If you haven't made any payments on this account after, 1-04 then the sol has expired.
There trying to intimidate you into making a payment. have them validate the debt first.
and look very close at what they send you to validate th debt.
read FDCRA and texas law section 16.004 (a)(3)
When you sent the validation request send it (RRR) keep a copy for yourself.
this company is great for re-ageing debts, to bring them within the SOL.
why is this guy, giving you a 3rd party, information on someone elses debt, your not married yet.
make sure when you send your validation request you tell them, do not call, at home or work,, only commuication will be via the U.S. Mail.
DO NOT MAKE A PAYMENT UNTIL, THEY VALIDATE THE DEBT.
and know that if you start making payments, you will still be sued.
Was this account last paid on in july 2003, or is this the collection agency telling you this, to keep the debt within the statute of limitation?
Pull your credit report and see if citibank, is still listed, look for the date of last activity or charge off, these type of debts can only be reported for 7 years to the credit bureau
If you haven't made any payments on this account after, 1-04 then the sol has expired.
There trying to intimidate you into making a payment. have them validate the debt first.
and look very close at what they send you to validate th debt.
read FDCRA and texas law section 16.004 (a)(3)
When you sent the validation request send it (RRR) keep a copy for yourself.
this company is great for re-ageing debts, to bring them within the SOL.
why is this guy, giving you a 3rd party, information on someone elses debt, your not married yet.
make sure when you send your validation request you tell them, do not call, at home or work,, only commuication will be via the U.S. Mail.
DO NOT MAKE A PAYMENT UNTIL, THEY VALIDATE THE DEBT.
and know that if you start making payments, you will still be sued.
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What's this? 
