• Report: #372047

Complaint Review: Asset Acceptance

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  • Submitted: Thu, September 11, 2008
  • Updated: Sat, September 13, 2008

  • Reported By:Grand Rapids Michigan
Asset Acceptance
P.O. Box 2036 Warren, Michigan U.S.A.

Asset Acceptance Account is 4 years old....WONT STOP CALLING, EVEN THOUGH I'M NO DNC REGISTRY Warren Michigan

*Consumer Suggestion: Try again Shane.

*Consumer Suggestion: Try again Shane.

*Consumer Suggestion: Steve - try again

*Consumer Suggestion: Robert and Shane are BOTH wrong on 1 point. I suggest you both read the law.

*Consumer Suggestion: DNC does not apply to collections

*Consumer Comment: You are wrong...

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My cellphone number is register in the national DNC registry, I filed a complaint with the DNC registry already. They never leave a voicemail, and I never answer. They sent me a letter a couple weeks ago that basically had you check off one of the 4 options: 1. Acknowledging the debt and paying in full 2. Making a payment arrangment. 3. Acknowledging the debt but saying you cant pay at this time...and I believe the 4th option was not acknowledging the debt. I did neither and just filed the letter. I believe the debt is for $1300 for Bally's Fitness. I will not acknowledge the debt for various reasons. I plan on waiting the 2 more years (Statute of Limitations).

Samil20
Grand Rapids, Michigan
U.S.A.

This report was posted on Ripoff Report on 09/11/2008 02:44 PM and is a permanent record located here: http://www.ripoffreport.com/r/Asset-Acceptance/Warren-Michigan-48090/Asset-Acceptance-Account-is-4-years-oldWONT-STOP-CALLING-EVEN-THOUGH-IM-NO-DNC-REGIS-372047. 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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0Author 6Consumer 0Employee/Owner
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#1 Consumer Suggestion

Try again Shane.

AUTHOR: Robert - (U.S.A.)

""State law may mandate tighter restrictions, such as in Colorado where failure to challenge a debt in writing is considered an acceptance and acknowledgment of the debt. Colorado law goes so far as to state a failure on your part to notify the collection agency in writing within 30 days (must be via postal service - cannot be by email or fax) - is considered under CRS to be an acceptance and acknowledgment of the debt and removes any remedy you may have with the District Attorney or Collection Enforcement Board of Colorado. ""

Not true at all. Colorado has adopted the federal FDCPA into state statutes tailored for Colorado.

I suggest you read CRS 12-14-109 Validation of Debts. Pay attention to paragraph (3).

""(3) The failure of a consumer to dispute the validity of a debt under this section shall not be construed by any court as an admission of liability by the consumer.""

This is verbatim from the federal FDCPA. In no way does a consumer lose any remedy by failure to respond to the debt collector.

Kindly post the section of CRS that reinforces what you claim.





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#2 Consumer Suggestion

Try again Shane.

AUTHOR: Robert - (U.S.A.)

""State law may mandate tighter restrictions, such as in Colorado where failure to challenge a debt in writing is considered an acceptance and acknowledgment of the debt. Colorado law goes so far as to state a failure on your part to notify the collection agency in writing within 30 days (must be via postal service - cannot be by email or fax) - is considered under CRS to be an acceptance and acknowledgment of the debt and removes any remedy you may have with the District Attorney or Collection Enforcement Board of Colorado. ""

Not true at all. Colorado has adopted the federal FDCPA into state statutes tailored for Colorado.

I suggest you read CRS 12-14-109 Validation of Debts. Pay attention to paragraph (3).

""(3) The failure of a consumer to dispute the validity of a debt under this section shall not be construed by any court as an admission of liability by the consumer.""

This is verbatim from the federal FDCPA. In no way does a consumer lose any rededy by failure to respond to the debt collector.

Kindly post the section of CRS that reinforces what you claim.





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#3 Consumer Suggestion

Steve - try again

AUTHOR: Shane - (U.S.A.)

Steve,

State law may mandate tighter restrictions, such as in Colorado where failure to challenge a debt in writing is considered an acceptance and acknowledgment of the debt. Colorado law goes so far as to state a failure on your part to notify the collection agency in writing within 30 days (must be via postal service - cannot be by email or fax) - is considered under CRS to be an acceptance and acknowledgment of the debt and removes any remedy you may have with the District Attorney or Collection Enforcement Board of Colorado.

While FL is nice and has its wonderful "Debt Free" laws, that is not so in every state.

I have seen your posts on various reports filling people with your vision which is fine, but what you might want to know is that states can impose a different set of rules on its citizens. As for your "know the law" I know my state's laws quite well, thank you.

Again to the original poster, feel free to look at Steve's various posts, if you want to risk it and go for the action plan he has, go for it, but be smart, make sure his ideas apply to your state - because I can tell you they do not here and being that I have 7 years in studying Colorado Revised Statutes (CRS) - I know what Steve is saying is dead wrong here.
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#4 Consumer Suggestion

Robert and Shane are BOTH wrong on 1 point. I suggest you both read the law.

AUTHOR: Steve - (U.S.A.)

The part about the DNC list is correct.

However, the part about not responding to a collection attempt is TOTALLY WRONG on the part of both Shane and Robert.

There is NO REQUIREMENT on the part of the "debtor" to respond to any collection attempt. Everything but the summons can legally be ignored, without consequence.

The FDCPA is very clear on this.

Failure to respond to a collection attempt will in no way affect the "debtor's" rights under the law.

That is the law.
Learn it.
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#5 Consumer Suggestion

DNC does not apply to collections

AUTHOR: Shane - (U.S.A.)

First, please know that being on the DNC only works to stop Sales Calls, this is a Debt Collector, they do not have to honor the DNC list in any way, shape or form. So complaining about that to the various agencies is a waste of your time.

What you can do is send a letter telling them to stop calling you. You can also challenge the debt.

By not sending a challenge letter you are "accepting" or "Acknowledging" the debt, which is all they need to keep coming after you.

Do not ignore the letter, send a debt verification and a stop calling letter, make sure you send it certified and if you need help with what to write, check out budhibs.com
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#6 Consumer Comment

You are wrong...

AUTHOR: Robert - (U.S.A.)

Point one. The Do Not Call(DNC) Registry ONLY applies to Unsolicited Sales Calls. It exempts companies that you have a pre-exisiting relationship with. And yes you don't have a Pre-Existing relationship with AA directly, but they are calling you on behalf of Bally's where it is listed that you did. So notifiying the FCC on these violations are going to go no where.

Point two. You MUST dispute the debt with them requesting Debt Validation. If you just ignore their letters you are basically acknowedging the debt. If you continue to ignore them they can file suit against you at which time if you continue to ignore it they will get a default judgment against you. Since you are well aware of this you realize that they still have 2 years to file suit right. Debt Validation does not acknowedge the debt.

If you want them to stop contacting you, you must send them a letter stating that they are to only communicate with you through the mail. As with the Debt Validation be sure that you send this by Certified Mail with Return Receipt. This is the only proof that is valid as to if they got it.

Take a look at the Fair Debt Collection Practices Act(FDCPA) as well as searches on Debt Validation on how to right the letter.
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