• Report: #261497

Complaint Review: Bally's Total Fitness And Assets Acceptance

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  • Submitted: Tue, July 17, 2007
  • Updated: Thu, July 19, 2007

  • Reported By:fulton New York
Bally's Total Fitness And Assets Acceptance
ballystotalyfitness.com , Michigan U.S.A.

Bally's Total Fitness And Assets Acceptance A debt from 15 years ago.... Ripoff Warren Michigan

*Consumer Suggestion: Immediately Send a Cease And Desist Letter to Assett Acceptance

*Consumer Comment: Advise

*Consumer Suggestion: Past SOL

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This a debt from 1992 that has already been on credit and was taken off...Then i received a call yesterday on the on July 17, 2007 from Asset Acceptance saying that i owe $538.00...Are you kidding me this was from 15 flippin years ago...Isn't there any S.O.L. law that can stop this...Who the Hell has $538.00 laying around these days with the prices of everything i would be lucky to afford a gallon of milk..............................

Jason
fulton, New York
U.S.A.

This report was posted on Ripoff Report on 07/17/2007 05:44 PM and is a permanent record located here: http://www.ripoffreport.com/r/Ballys-Total-Fitness-And-Assets-Acceptance/Michigan/Ballys-Total-Fitness-And-Assets-Acceptance-A-debt-from-15-years-ago-Ripoff-Warren-Mic-261497. 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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REBUTTALS & REPLIES:
0Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Immediately Send a Cease And Desist Letter to Assett Acceptance

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

Jason,

I am not an attorney, nor should you consider this as legal advise other than me trying to direct you in the correct path to handling your issue.

First off, take a deep breath and relax. These collectors are bottom feeders, if the statute of limitations has expired on this debt, then you owe no one a dime and they cannot legally collect on it, as long as you act quickly and don't ignore it.

I dealt with Assett Acceptance and Shekinah approximately 1 yr ago. Shekinah, tried to harass me into paying for an alleged Citibank account that they claim I had 10 yrs ago. They literally called my cell phone nonstop for days and tried to intimidate me on the phone, claiming they were going to extract the money I owed them from me. When I sent them a cease and desist letter and demanded them to send proof of the alleged debt they simply ignored my request and continued to report the debt on my credit report. Needless to say, I got fed up with them and hired an attorney. The attorney requested documentation and when they couldn't furnish the proof, he threatened to sue them and they dropped their claim. Several Months later, I receive phone calls from Assett Acceptance who purchased the account from Shekinah- LOL.

When I checked my credit report, they reported it 3 times on each credit report- as different accounts, updating the Last Date of Activity to the current month and continued updating it at 3 time increments. It nearly dropped my credit rating by 150 pts. I can laugh at it now, but back then it wasn't so funny. As you can see neither of these companies are functioning on a full deck.

So my attorney went through the whole ordeal again. Finally after a few months, they dropped their collection efforts.

As I said above, Assett Acceptance and Shekinah are both well known bottom feeders in the collection industry. You may want to read up on these companies at Bud Hibbs website. He has a lot of useful information that is worth reading.

These collectors buy old worthless, charged-off accounts for pennies on the dollar because no other reputable law firm or collector would take a risk on collecting off them. Once owned, they inflate the value of the portfolio, they send out dunning notices and attempt to collect at a ridiculous inflated profit.

They also intentionally and deliberately change the date of last activity on the account, which is a way to scam consumers into thinking they are entitled to money they would not legally be allowed to collect. This is a violation of collection practices and the FCRA. This is a standard procedure for Assett Acceptance and these collectors, it is known as debt re-aging. This is how they sue on a debt that has an expired SOL. [www.budhibbs.com]

Important: DO NOT ignore this company, as they will file in court, they will attempt to default you if you do not answer and they will get a judgment.

NY UCC, Section 2--725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. Contract for lease of goods: 4 years (N. Y. U.C.C. 2-A-506(1).

The statute of limitations (SOL) for a delinquent debt is the time limit for the creditor to file a lawsuit. This period starts when the debtor becomes delinquent, not the date that the collector chooses to report on your credit. The fact that the SOL has "run" (expired) on a particular debt will not necessarily prevent a lawsuit from being filed (via a Summons and Complaint), but the defendant can have the suit dismissed on this basis. [www.cardreport.com]

In NY there is apparently a 4-5 yr SOL, according to the internet research. What I would recommend you doing is sending an immediate cease and desist letter. You can find samples of these letters online. Also make sure you mention that you are fully aware that the SOL is expired and you intend to use this defense should action be brought against you. Also consider adding this phrase: Furthermore, if any negative information is placed on my credit bureau reports by your agency, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.

Send the letter certified, return receipt, and keep a copy of the letter and the signed return receipt for your records. You can also CC: the Attorney Generals Office and FTC in your areas and send them a copy as well. It doesn't hurt. They try to intimidate you; why not put some pressure on them.

Your calls and letters should cease rather quickly. Remember these companies work on numbers, if the debt is this old, once they receive the letter and know you are aware that you do not Legally owe them a dime, legally they can't win a case in court with an expired SOL and you are responsive. It wouldn't be worth their time or money to continue harassing you under the circumstances and in turn risking a lawsuit being filed against their company.

I would start here; if you are unsuccessful, Bud Hibbs website has listings of law firms that you can contact that are experienced in handling debt collection against these agencies.

Hope this helps.

Michelle
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#2 Consumer Comment

Advise

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

Actually, you don't even have to bother with the validation letter. Send them a Cease Communications letter. Here's a template:

http://www.budhibbs.com/cease_comm.htm

Send via Registered Mail with Return Receipt and put the Registered Mail # on the letter. This firm can't touch you on this old debt that's way past the statue of limitations. don't let them scare you into paying with lies: like they'll have you arrested. Many collection agencies work like this. don't fall for this tactic.

Be sure to check your credit report to see if they've messed with it. If they have, request a validation on the debt from the credit bureaus, not this collection agency.

Lastly, don't pay them one penny. making any payment validates the debt and re-starts the Statute of Limitations. they'd love this. good luck.
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#3 Consumer Suggestion

Past SOL

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

Fire off a Dispute and Validate Letter and also advise them that is it past the 7yr SOL. The are trying to bluff you. Document everything and stay off the phone. Pull your CR and see if they placed it on there. With a little luck you can catch them in a few violations and make a couple thousand on there violations. You are holding all the face cards and they have pocket 2's. Smoke them down.
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