I have a tradeline on all three of my Cr's from Hurley State Bank, on two it shows as a derog, and on one it shows that I owe $516, but it is a positive tradeline. I have no idea what this is...any idea what Department Store Credit Cards use Hurley State Bank...I'm almost positive this is not mine...thanks in advance.
Oh I forgot to mention that it was reported by Asset Acceptance Corp. and in comments it says "Customer has now located comsumer" but I've never received anything from them.
When I did a search for Hurley State Bank, I found they were listed at the Bad Business Bureau's web site. Here's a link to rip-off reports about Hurley State Bank: http://badbusinessbureau.com/results.asp?q1=ALL&q2=&q3=&q4=&q5=Hurley+&q6=&q7=&submit2=Search! A quick scan of the report revealed that Gateway, Radio Shack, and Goodyear use Hurley State Bank for their credit cards. Many of the reports are "rants and raves," but I give the URL FWIW. EDIT: Here's another gem about Hurley State Bank, as this one's really juicy, from the Minnesota Dept of Commerce web site: http://www.commerce.state.mn.us/pages/NewsReleases/Releases2002/News020528.htm To quote an excerpt from the article, here is a list of stores that use Hurley: <<Hurley State Bank issues credit cards for a number of retailers doing business in Minnesota. The retailers include Office Max, Helzberg Diamonds, Radio Shack, Goodyear, United Airlines, American Airlines, Laura Ashley, The Children's Place, Gateway, Shop at Home, House2Home, CareCredit, MedCash, Furniture Row, NTB, Tractor Supply Co., Hifi.com, Cambridge Sound Works, West Marine, Roger's Jewelers, Catherine's, PS Plus Sizes, The Answer, Added Dimensions, JC Keepsake, America's Diamond & Gold, Paul Harris, Krigel's Jewelers, Ultra, Premier, B. Moss, Winston Tire, Kelly, Associate Brands, Dunlop, Jewelry 3, Betaseron and Zales.>> That's one helluva list of major stores that use Hurley State Bank. HTH, John
I have Asset Aceptance on my report saying they located me too. It used to say cannot locate individual until I disputed with the CRA and it got changed. When I had Radio Shack it was with Hurley State Bank.
Thanks so much for replying...I DID have a B Moss Credit card which is also showing up on my credit reports, and the amounts and dates are different from the Hurley State/Asset Collection account and different account numbers. So, either this is not my account or they've reaged this A LOT!! I've heard VERY VERY bad things about Asset Acceptance. Hmmmm I guess validation is the way to go, but I've heard that Asset Acceptance doesn't think they have to follow FCRA requirements because they are "not a collections agency" Should I just proceed normally and assume that they are a "collections agency"?
Twinkie, To use a tired metaphor, if it walks like a duck, talks like a duck and smells like a duck... Asset Acceptance sure is a collection agency by definitions set forth under the Fair Debt Collection Practices Act. Absolutely request validation from Asset Acceptance. HTH, John
It's common for the CA to assign a new account number for their files and the amount might be different because thay add their fee to the balance. I validated with Asset Acc. and they sent a print out of the account which is not proper validation. I had 2 accounts with them. 1 got deleted from the CRA and the other came back as updated with the statement about locating me. Gotta move to step 2 with them.
Thanks John and Bigmon...I appreciate your help, and will go ahead with validation. Bigmon, good luck to you with Asset Accept!!!!
Re: Re: Hurley State Bank? Hey John, I wish I could agree with you but I can't. Although about 30 minutes ago I would have, after doing some research on Asset Acceptance on the internet, I found the following : http://www.michbar.org/opinions/appeals/2001/030201/9546.pdf Basically, the State of Michigan Court of Appeals found: "This Court holds that plaintiff is not a collection agency as defined by the Act." So then they are not subject to the FDCPA and are therefore not subject to validation. Furthermore, they are also not subject to the MCPA which means they do not have to hold a license in the State of Michigan as a collection agency since they are not a collection agency as ruled by the courts. I hope this helps everyone dealing with Asset Acceptance LLC. SUNHAWK
Re: Re: Re: Hurley State Bank? The cited case holds that Asset Acceptance in not a debt collector under Michigan law. In the ruling, Asset Acceptance conceded that it is a debt collector under the FDCPA and the court agreed.
Re: Re: Re: Hurley State Bank? Wonder why they appealed using Mich. law when the FDCPA has already established they are 3rd party collectors in this situation? Weird reasoning. I wonder if future complaints against Asset would be successful suing under the FDCPA.
Re: Re: Re: Hurley State Bank? Check out my thread about disputing via email. I had an asset acceptance corporation neg tradeline and just got rid of it.
Re: Re: Re: Hurley State Bank? Isn´t Citibank the owner of Hurley State Bank or was merged or something like that?
Re: Re: Re: Re: Hurley State Bank? Excellent point.. I missed that. However, because I live in the State of Michigan, and will be suing them in the State of Michigan, I would assume that, since small claims court is a state court and not a federal court, I would be unable to sue for FDCPA violations? Basically, I just want to make sure that, if I go to court, I am not going to see them whip out this court case and say SEE...We are not a debt collector...obviously, since it is a Michigan ruling, and is stated very clearly in black and white, it would be hard to sue them for anything. Feedback is appreciated!!
Re: Re: Re: Re: Hurley State Bank? If you read the sections of the federal law that pertain to jurisdiction you'll see that small claims does have jurisdiction. That is not to say that an uninformed Small Claims Judge may not understand that.
I just got contacted by "Asset Acceptance" for a debt I allegedly owe to Hurley from 1992. When I asked for verification/documentation that the debt was valid, they said "the burden of proof is on you to show it is not valid, not on us to prove it is". When I informed him that it is logically impossible to disprove a negative, his response was 'that's not my problem'.
"the burden of proof is on you to show it is not valid, not on us to prove it is". FDCPA violation for use of deception to collect a debt. They have basically said they are willing to demand and make threats to get payment from you whether or not you are the correct consumer, or whether or not you actually owe the debt. If it was last paid in 1992, it is probably both past SOL, and not reportable. If they claim they will put it on your credit reports, or that they will sue (assuming this is past SOL in your state), another FDCPA violation for threatening to take an action they know they can't legally take, and therefore have no intention of doing. Under FDCPA, they have 5 days from their first contact to send you a letter notifying you of your right to dispute and request validation of the debt. Even if they sent you that letter, their verbal statement above overshadows their legally required notification.
Hurley State Bank ran Radio Shack's credit card program before it was sold off to Citibank. If you know what merchant the account was supposed to be from, try to get another card from them (it'll be denied due to a duplicate); if you have a different address now, from when you supposedly had the card, Citibank will forge their computer records to try make it match your current information.
