Report: #285703

Complaint Review: ASSETCARE

  • Submitted: Tue, November 20, 2007
  • Updated: Thu, July 17, 2008
  • Reported By: Hollister California
  • ASSETCARE
    5100 PEACHTREE IND
    Norcross, Georgia
    U.S.A.

Show customers why they should trust your business over your competitors...

Started receiving calls from AssetCare in October 2007, again. Previously, I was receiving letters from NCO then it was "sold" to AssetCare. They are trying to collect on a debt from over 10 years ago which is passed the SOL for my state (CA). For several years after the SOL ran out, I was getting calls and letters but I ignored them all. Now they are back again and calling incessively! Every day the phone rings at 8am (on the dot) and continues until 9pm. It's always a recording I want them to stop but don't want to make any contact with them, verbally. I've pulled my credit report (all 3) and there is no negative reporting from them (hence the SOL). But I did notice that they made an inquiry on 7/13/2007 and I have the address from my TransUnion report. Can I send them a certified letter to cease and exists the calls because of the SOL? I DO NOT want to talk to them verbally but I do want to let them know that they are not getting any money from me! Oh I just noticed...on my Experian credit report, they have made several inquiries (11/1/06 & 11/28/06 & 3/29/07 & 10/25/07 & 11/18/07). Does this effect my credit report EVERY TIME they do this??? Now I'm pissed off!! Nothing appears on my Equifax report about inquiries from any debt collection. What should I do to get them to leave me alone?

Not_rippin_me_off
Hollister, California
U.S.A.
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This report was posted on Ripoff Report on 11/20/2007 12:03 PM and is a permanent record located here: http://www.ripoffreport.com/reports/assetcare/norcross-georgia-30071/assetcare-asset-acceptance-nco-beyond-the-sol-inquiry-on-my-credit-report-7132007-285703. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
9Consumer
0Employee/Owner

#1 Consumer Comment

No, you're wrong.

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

Don't be upset sluggo that people come here to get educated and you don't get a return on your risk investment. You seemed to have neglected, as all slug collectors due, to even mention the FDCPA and what these people's rights are. They have the right to request validation and NOT pay anything that would restart the SOL.
Respond to this report!

#2 Consumer Comment

No, you're wrong.

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

Don't be upset sluggo that people come here to get educated and you don't get a return on your risk investment. You seemed to have neglected, as all slug collectors due, to even mention the FDCPA and what these people's rights are. They have the right to request validation and NOT pay anything that would restart the SOL.
Respond to this report!

#3 Consumer Suggestion

Actually, all 3 respondants are wrong!! This "pdj" character is just killing me!

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

You are all wrong.

These are third party debt collectors we are talking about here, so the FDCPA applies. Therefore, a CEASE COMMUNICATION request is a LEGAL request and must be honored.

Now, combine that CEASE COMMUNICATION request with a DISPUTE OF DEBT and all collections activity must cease until the debt is validated.

Actually, ignoring a debt, in many cases, does "make it go away", legally. It is called Statute of Limitations.

Most third party debt collectors will NOT sue. That is a fact.

I have proven this. I walked away from approx $170,000 in unsecured debt in 2001 and have not repaid even 1 penny, and have no judgements against me! Now, all of those debts are past SOL and are LEGALLY uncollectable.

These companies tried bending me over and lost. My full story is posted several places here on ROR on why I did it, how I did it, etc.


>>>
Submitted: 11/24/2007 12:37:16 AM
Modified: 11/24/2007 5:26:44 AM Scott
Trenton, Ontario
Canada

SOL and calls are separate 48 out of 50 times
You are complaining about the calls even though the SOL has expired? SOL has nothing to do with the collection agenencies collecting the debt. You want the calls to stop? Pay the money you owe. There are only 2 states that stop the calls when the SOL expires, you are not from one of them. The only way to stop them from collecting is to pay what you owe. Even if you move to one of those 2 states the debt is not from there so they can continue to collect until they are dealing with probate. After that you will be left alone.
>>>

Submitted: 7/2/2008 11:20:17 AM
Modified: 7/2/2008 3:00:18 PM Rippedoff
Panama City Beach, Florida
U.S.A.

Actually, that's incorrect
Actually, if your debt is out of SoL, you can send them a cease and desist letter (ONLY do that if the SoL HAS expired!). Per the FDCPA, they cannot contact you by phone after you've demanded that they cease contact with you.

It might also be a good idea to let them know that your debt is, indeed, out of SoL in order to curtail any suit they might file (they can STILL sue you. They often rely on your settling with them prior to court in order to avoid a judgment against you -- or assume that you won't appear in court and that they can win by default).

In any case, the debt IS still yours, however, the CA (in this case, AssetCare) has lost their 'bite at the apple' in having the court system assist them with collecting. The courts tell them, essentially, 'Tough noogies. If you wanted the money, you should have acted quicker!' For CA, the SoL is 4 years for written accounts. 4 years is a long time and A/C should gotten up off their butts and sued you already.

Here's a sample C&D letter. Just fill in the pertinent info and good luck!!

Date:

Name Of Person at Collection Agency
Collection Agency Name
Address
City, State, ZIP

RE: Account #



Dear Name of Agent or Agency,

In accordance with the laws of the Fair Debt Collection Practices Act, this is a formal demand that your company Cease and Desist all attempts to collect the above named debt. I plan on paying the debt back, but I do not have the resources to do so at this time. I will contact you in regards to this at a later date.


Regards,

Signature

Name
>>>

Submitted: 7/16/2008 8:27:38 PM
Modified: 7/16/2008 9:31:04 PM Pdj
Columbus, Ohio
U.S.A.

Wrong, wrong!
First of all...you owe the money which you just admitted. Avoiding it isn't going to make it go away...and sending cease/decease letter doesn't really solve your problem (the money owed, inquires on your credit report). You need to borrow the money or get a job or not make bills you can't pay. Or pay 20-100 dollars a month to get it paid. You have lots of options what you had like over 5 years to pay it...get to it and stop avoiding your obligation!
>>>
Respond to this report!

#4 Consumer Suggestion

Actually, all 3 respondants are wrong!! This "pdj" character is just killing me!

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

You are all wrong.

These are third party debt collectors we are talking about here, so the FDCPA applies. Therefore, a CEASE COMMUNICATION request is a LEGAL request and must be honored.

Now, combine that CEASE COMMUNICATION request with a DISPUTE OF DEBT and all collections activity must cease until the debt is validated.

Actually, ignoring a debt, in many cases, does "make it go away", legally. It is called Statute of Limitations.

Most third party debt collectors will NOT sue. That is a fact.

I have proven this. I walked away from approx $170,000 in unsecured debt in 2001 and have not repaid even 1 penny, and have no judgements against me! Now, all of those debts are past SOL and are LEGALLY uncollectable.

These companies tried bending me over and lost. My full story is posted several places here on ROR on why I did it, how I did it, etc.


>>>
Submitted: 11/24/2007 12:37:16 AM
Modified: 11/24/2007 5:26:44 AM Scott
Trenton, Ontario
Canada

SOL and calls are separate 48 out of 50 times
You are complaining about the calls even though the SOL has expired? SOL has nothing to do with the collection agenencies collecting the debt. You want the calls to stop? Pay the money you owe. There are only 2 states that stop the calls when the SOL expires, you are not from one of them. The only way to stop them from collecting is to pay what you owe. Even if you move to one of those 2 states the debt is not from there so they can continue to collect until they are dealing with probate. After that you will be left alone.
>>>

Submitted: 7/2/2008 11:20:17 AM
Modified: 7/2/2008 3:00:18 PM Rippedoff
Panama City Beach, Florida
U.S.A.

Actually, that's incorrect
Actually, if your debt is out of SoL, you can send them a cease and desist letter (ONLY do that if the SoL HAS expired!). Per the FDCPA, they cannot contact you by phone after you've demanded that they cease contact with you.

It might also be a good idea to let them know that your debt is, indeed, out of SoL in order to curtail any suit they might file (they can STILL sue you. They often rely on your settling with them prior to court in order to avoid a judgment against you -- or assume that you won't appear in court and that they can win by default).

In any case, the debt IS still yours, however, the CA (in this case, AssetCare) has lost their 'bite at the apple' in having the court system assist them with collecting. The courts tell them, essentially, 'Tough noogies. If you wanted the money, you should have acted quicker!' For CA, the SoL is 4 years for written accounts. 4 years is a long time and A/C should gotten up off their butts and sued you already.

Here's a sample C&D letter. Just fill in the pertinent info and good luck!!

Date:

Name Of Person at Collection Agency
Collection Agency Name
Address
City, State, ZIP

RE: Account #



Dear Name of Agent or Agency,

In accordance with the laws of the Fair Debt Collection Practices Act, this is a formal demand that your company Cease and Desist all attempts to collect the above named debt. I plan on paying the debt back, but I do not have the resources to do so at this time. I will contact you in regards to this at a later date.


Regards,

Signature

Name
>>>

Submitted: 7/16/2008 8:27:38 PM
Modified: 7/16/2008 9:31:04 PM Pdj
Columbus, Ohio
U.S.A.

Wrong, wrong!
First of all...you owe the money which you just admitted. Avoiding it isn't going to make it go away...and sending cease/decease letter doesn't really solve your problem (the money owed, inquires on your credit report). You need to borrow the money or get a job or not make bills you can't pay. Or pay 20-100 dollars a month to get it paid. You have lots of options what you had like over 5 years to pay it...get to it and stop avoiding your obligation!
>>>
Respond to this report!

#5 Consumer Suggestion

Actually, all 3 respondants are wrong!! This "pdj" character is just killing me!

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

You are all wrong.

These are third party debt collectors we are talking about here, so the FDCPA applies. Therefore, a CEASE COMMUNICATION request is a LEGAL request and must be honored.

Now, combine that CEASE COMMUNICATION request with a DISPUTE OF DEBT and all collections activity must cease until the debt is validated.

Actually, ignoring a debt, in many cases, does "make it go away", legally. It is called Statute of Limitations.

Most third party debt collectors will NOT sue. That is a fact.

I have proven this. I walked away from approx $170,000 in unsecured debt in 2001 and have not repaid even 1 penny, and have no judgements against me! Now, all of those debts are past SOL and are LEGALLY uncollectable.

These companies tried bending me over and lost. My full story is posted several places here on ROR on why I did it, how I did it, etc.


>>>
Submitted: 11/24/2007 12:37:16 AM
Modified: 11/24/2007 5:26:44 AM Scott
Trenton, Ontario
Canada

SOL and calls are separate 48 out of 50 times
You are complaining about the calls even though the SOL has expired? SOL has nothing to do with the collection agenencies collecting the debt. You want the calls to stop? Pay the money you owe. There are only 2 states that stop the calls when the SOL expires, you are not from one of them. The only way to stop them from collecting is to pay what you owe. Even if you move to one of those 2 states the debt is not from there so they can continue to collect until they are dealing with probate. After that you will be left alone.
>>>

Submitted: 7/2/2008 11:20:17 AM
Modified: 7/2/2008 3:00:18 PM Rippedoff
Panama City Beach, Florida
U.S.A.

Actually, that's incorrect
Actually, if your debt is out of SoL, you can send them a cease and desist letter (ONLY do that if the SoL HAS expired!). Per the FDCPA, they cannot contact you by phone after you've demanded that they cease contact with you.

It might also be a good idea to let them know that your debt is, indeed, out of SoL in order to curtail any suit they might file (they can STILL sue you. They often rely on your settling with them prior to court in order to avoid a judgment against you -- or assume that you won't appear in court and that they can win by default).

In any case, the debt IS still yours, however, the CA (in this case, AssetCare) has lost their 'bite at the apple' in having the court system assist them with collecting. The courts tell them, essentially, 'Tough noogies. If you wanted the money, you should have acted quicker!' For CA, the SoL is 4 years for written accounts. 4 years is a long time and A/C should gotten up off their butts and sued you already.

Here's a sample C&D letter. Just fill in the pertinent info and good luck!!

Date:

Name Of Person at Collection Agency
Collection Agency Name
Address
City, State, ZIP

RE: Account #



Dear Name of Agent or Agency,

In accordance with the laws of the Fair Debt Collection Practices Act, this is a formal demand that your company Cease and Desist all attempts to collect the above named debt. I plan on paying the debt back, but I do not have the resources to do so at this time. I will contact you in regards to this at a later date.


Regards,

Signature

Name
>>>

Submitted: 7/16/2008 8:27:38 PM
Modified: 7/16/2008 9:31:04 PM Pdj
Columbus, Ohio
U.S.A.

Wrong, wrong!
First of all...you owe the money which you just admitted. Avoiding it isn't going to make it go away...and sending cease/decease letter doesn't really solve your problem (the money owed, inquires on your credit report). You need to borrow the money or get a job or not make bills you can't pay. Or pay 20-100 dollars a month to get it paid. You have lots of options what you had like over 5 years to pay it...get to it and stop avoiding your obligation!
>>>
Respond to this report!

#6 Consumer Suggestion

Actually, all 3 respondants are wrong!! This "pdj" character is just killing me!

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

You are all wrong.

These are third party debt collectors we are talking about here, so the FDCPA applies. Therefore, a CEASE COMMUNICATION request is a LEGAL request and must be honored.

Now, combine that CEASE COMMUNICATION request with a DISPUTE OF DEBT and all collections activity must cease until the debt is validated.

Actually, ignoring a debt, in many cases, does "make it go away", legally. It is called Statute of Limitations.

Most third party debt collectors will NOT sue. That is a fact.

I have proven this. I walked away from approx $170,000 in unsecured debt in 2001 and have not repaid even 1 penny, and have no judgements against me! Now, all of those debts are past SOL and are LEGALLY uncollectable.

These companies tried bending me over and lost. My full story is posted several places here on ROR on why I did it, how I did it, etc.


>>>
Submitted: 11/24/2007 12:37:16 AM
Modified: 11/24/2007 5:26:44 AM Scott
Trenton, Ontario
Canada

SOL and calls are separate 48 out of 50 times
You are complaining about the calls even though the SOL has expired? SOL has nothing to do with the collection agenencies collecting the debt. You want the calls to stop? Pay the money you owe. There are only 2 states that stop the calls when the SOL expires, you are not from one of them. The only way to stop them from collecting is to pay what you owe. Even if you move to one of those 2 states the debt is not from there so they can continue to collect until they are dealing with probate. After that you will be left alone.
>>>

Submitted: 7/2/2008 11:20:17 AM
Modified: 7/2/2008 3:00:18 PM Rippedoff
Panama City Beach, Florida
U.S.A.

Actually, that's incorrect
Actually, if your debt is out of SoL, you can send them a cease and desist letter (ONLY do that if the SoL HAS expired!). Per the FDCPA, they cannot contact you by phone after you've demanded that they cease contact with you.

It might also be a good idea to let them know that your debt is, indeed, out of SoL in order to curtail any suit they might file (they can STILL sue you. They often rely on your settling with them prior to court in order to avoid a judgment against you -- or assume that you won't appear in court and that they can win by default).

In any case, the debt IS still yours, however, the CA (in this case, AssetCare) has lost their 'bite at the apple' in having the court system assist them with collecting. The courts tell them, essentially, 'Tough noogies. If you wanted the money, you should have acted quicker!' For CA, the SoL is 4 years for written accounts. 4 years is a long time and A/C should gotten up off their butts and sued you already.

Here's a sample C&D letter. Just fill in the pertinent info and good luck!!

Date:

Name Of Person at Collection Agency
Collection Agency Name
Address
City, State, ZIP

RE: Account #



Dear Name of Agent or Agency,

In accordance with the laws of the Fair Debt Collection Practices Act, this is a formal demand that your company Cease and Desist all attempts to collect the above named debt. I plan on paying the debt back, but I do not have the resources to do so at this time. I will contact you in regards to this at a later date.


Regards,

Signature

Name
>>>

Submitted: 7/16/2008 8:27:38 PM
Modified: 7/16/2008 9:31:04 PM Pdj
Columbus, Ohio
U.S.A.

Wrong, wrong!
First of all...you owe the money which you just admitted. Avoiding it isn't going to make it go away...and sending cease/decease letter doesn't really solve your problem (the money owed, inquires on your credit report). You need to borrow the money or get a job or not make bills you can't pay. Or pay 20-100 dollars a month to get it paid. You have lots of options what you had like over 5 years to pay it...get to it and stop avoiding your obligation!
>>>
Respond to this report!

#7 Consumer Suggestion

Wrong, wrong!

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

First of all...you owe the money which you just admitted. Avoiding it isn't going to make it go away...and sending cease/decease letter doesn't really solve your problem (the money owed, inquires on your credit report). You need to borrow the money or get a job or not make bills you can't pay. Or pay 20-100 dollars a month to get it paid. You have lots of options what you had like over 5 years to pay it...get to it and stop avoiding your obligation!
Respond to this report!

#8 Consumer Comment

Actually, that's incorrect

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

Actually, if your debt is out of SoL, you can send them a cease and desist letter (ONLY do that if the SoL HAS expired!). Per the FDCPA, they cannot contact you by phone after you've demanded that they cease contact with you.

It might also be a good idea to let them know that your debt is, indeed, out of SoL in order to curtail any suit they might file (they can STILL sue you. They often rely on your settling with them prior to court in order to avoid a judgment against you -- or assume that you won't appear in court and that they can win by default).

In any case, the debt IS still yours, however, the CA (in this case, AssetCare) has lost their "bite at the apple" in having the court system assist them with collecting. The courts tell them, essentially, "Tough noogies. If you wanted the money, you should have acted quicker!" For CA, the SoL is 4 years for written accounts. 4 years is a long time and A/C should gotten up off their butts and sued you already.

Here's a sample C&D letter. Just fill in the pertinent info and good luck!!

Date:

Name Of Person at Collection Agency
Collection Agency Name
Address
City, State, ZIP

RE: Account #



Dear Name of Agent or Agency,

In accordance with the laws of the Fair Debt Collection Practices Act, this is a formal demand that your company Cease and Desist all attempts to collect the above named debt. I plan on paying the debt back, but I do not have the resources to do so at this time. I will contact you in regards to this at a later date.


Regards,

Signature

Name
Respond to this report!

#9 Consumer Comment

SOL and calls are separate 48 out of 50 times

AUTHOR: Scott - (Canada)

You are complaining about the calls even though the SOL has expired? SOL has nothing to do with the collection agenencies collecting the debt. You want the calls to stop? Pay the money you owe. There are only 2 states that stop the calls when the SOL expires, you are not from one of them. The only way to stop them from collecting is to pay what you owe. Even if you move to one of those 2 states the debt is not from there so they can continue to collect until they are dealing with probate. After that you will be left alone.
Respond to this report!
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