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Report: #671948

Complaint Review: West Asset Management - Omaha Nebraska

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  • Reported By: Mogel007 — West Burlington Iowa U.S.A.
  • Author Confirmed What's this?
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  • West Asset Management 7171 Mercy Road Omaha, Nebraska United States of America

West Asset Management Charging Unlawful fees to account Omaha, Nebraska

*Consumer Comment: Oh boy! Where do I start here! Lots of "misinformation".

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West Asset Management, a collection agency for AT&T is adding unlawful fees to my balance that was charged off to zero by AT&T.    West Asset management is charging in addition $13.73 in a "collection fee" which is illegal, and not agreed to by contract, even though I have no contract with the collection agency.  The only contract I had was with AT&T & AT&T charged off this alleged debt of $76.30 and our agreement provides for no fees should the account go into collections. The problem I have is that I challenged that debt long ago by third party services illegally added to my AT&T  bill I never authorized that exceeded the $76.30 bill.  I never got full credit for all illegal charges to my land line phone bill.

AT&T refuses to answer how much financial consideration they received to sell my alleged debt to West Asset Management.  West Asset Management refuses to tell me how much money they paid for this charged off account too.  This amount needs to be credited to the account, but I have not been given any credit towards this bill. This is fraud.   If no financial consideration  was paid by West Asset Management to receive this debt & I believe there were no monies paid by them to buy this debt, than certainly there is no consideration and hence no binding or legal contract exists between AT&T & West Asset Management  which makes their collection activity against me illegal and a fraud.  AT&T has written off this account to zero,  so they admit they no longer have a financial interest in this account.  Since the collection agency can't prove that they are the owner of this account with collection rights & haven't validated any contract or any debt, & paid nothing for this debt, they are acting illegally trying to collect on this debt. Also West Asset Management is violating the Fair Credit Act by acting as a creditor when in fact they are not, by putting negative information on all 3 of my credit bureau reports so I have financial damages that exceed the alleged debt. 

I have also made a complaint with the Federal Trade Commission & they will investigate my charges & claims too against this collection agency. 

This report was posted on Ripoff Report on 12/15/2010 05:05 PM and is a permanent record located here: https://www.ripoffreport.com/reports/west-asset-management/omaha-nebraska-68106/west-asset-management-charging-unlawful-fees-to-account-omaha-nebraska-671948. 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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#1 Consumer Comment

Oh boy! Where do I start here! Lots of "misinformation".

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

POSTED: Wednesday, December 15, 2010

It appears that you are trying to be a lawyer before going to law school. Stop before you make yourself look really stupid. Get the REAL facts before spouting what is illegal, etc.


First of all West Asset Management is a third party debt collector and debt buyer representatives. They contract with all kinds of creditors, and junk debt buyers, NOT just AT&T.


You are correct that a collection agency cannot add collection fees to a debt. Those can only be awarded by a judge.


Don't mix the issues. Your dispute with AT&T billing is a separate issue from the collection efforts by West Asset.


It appears that you are attempting to solve these matters verbally. STAY OFF THE PHONE!! Never speak to any third party debt collector on the phone! Phone calls DO NOT protect your rights.


ALL communications MUST be in writing and sent via CERTIFIED MAIL, RETURN RECIEPT REQUESTED. Be sure to put the certified# in the body of the letter and keep a copy for your records, as this proves exactly what you sent. Never sign anything you send to a debt collector.


Neither party has the legal obligation to tell you what their financial arrangement is with each other as far as the assignment or sale of the debt. It's simply not a legal requirement.


Lose the attempt at the "proper legal" talk. You look like a moron.


Just because an account is "written off" does not mean it cannot be collected. Federal Law requires that all accounts be "written off" 180 days after deemed uncollectable, which is usually when it goes into collections and no payment is obtained. This requirement to writeoff the debt is to stop late fees and penalties, and to reduce the post charge off interest rate. That's it.


You never mentioned when you defaulted on this account, and this is the single most important factor in your case. Each state has it's own "statute of limitations" for enforcement through legal process the collection of civil debt.


There is NO SUCH THING as the "fair credit act". Where did you come up with that?


There is the FDCPA [Fair Debt Collections Practices Act] , and the FCRA [Fair Credit Reporting Act].


And, the FTC does NOT "investigate" on behalf of any individual or because of any individual complaint. The FTC will only retain your complaint for statistical purposes, and send you a generic form letter response informing you of your rights under the FDCPA.


This notice will also inform you that if you wish to take action against a third party debt collector, that you are responsible for bringing your own civil action in a court of law, at your own expense.


The MAXIMUM recovery you are entitled to in a FDCPA suit is $1000 in statutory damages, plus costs, IF granted by the judge.

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