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Okay back in 2008 or 2009 my husband took out a payday loan for 700 dollars I was unaware of this. So about 3 weeks ago he gets a phone call saying if he does not pay he will be sued taking to court blah blah. He is frightened still at this Point I am unaware of what is going on. So he finally tells me that he took out this payday loan a while back and that he has given them access to our bank account I could not believe he had done that so I tell him he should have gotten to validate the debt first and sent him paper work stating how much he owes etc.. he calls them they say the will sent it this is before the received the money, but we never receive anything and yes the have their money. Any advice as to what I should do?
A DV request has to be made in writing, and once it's made, there's no time limit for them to respond. If it's already been paid, and there's no disagreement on the balance owed, I'd move on but keep an eye just in case they report post-payment. If paid and having second thoughts on the balance, mail a DV CMRRR and see what they say. If they just show a balance (as required), then write back asking for an accounting of how they came to $x and reconcile it from there.
ETA...as to whether or not it's a scam, I never heard of them. Doesn't mean that they are not legit though. If they read off facts and info to DH, then they are likely a legit CA.
Threats to take legal action are a violation of the FDCPA if they cant or dont intend to do so. That is a tough nut to crack..... proving lack of intent on their part.
I would first put togther your options, beginning with an evaluation of the SOL status of the debt. In some states, payment or firm offers to pay can reset the SOL.
Giving banking information would seem to imply consent to pay.
I would suggest digging up a copy of your state SOL statute, and determine when the debt will become legally uncollectible.
DV requests only result in impostition of a cease collection bar if sent within 30 days of their dunning notice. When did they send dunning notice?
They did not , they called him over the phone no letters are anything he did say they knew where he worked and where he lived which kinda puzzled me as to why no letters or anything sent to our address. See I would not be as worried as much if he did not agree to pay them more he borrowed 700 but they want him to pay 1200 300 up front 200 for the next 6mos.
Most payday loans that I know of require you to write the company a check for the amount they are lending you. If you do not return to pay it off, they cash your check to receive their money back. I'm not sure how it would still be money owed then... so it very well could be a scam. Also, they can claim to know where you live or work - but make them prove it. Tell them they need to send you any offer in the mail (but do not give them your address) so that you have it in writing.
Do not make any payments to them!!!! Not until you figure out if this is a scam or legit - then you can go from there.
Yes, if you google ACS they are a scam.
There are many, many examples of the email that is sent out by the scammer on ripoffreport. You can see the whole email - there is no attempt to disguise the fact that they are bringing criminal charges and want you to send money within X hours via Western Union or one of those money pac type cards.
Check it out. Don't send any more funds. Get in touch with your bank. You probably need to change accounts at a minimum. You might need to file a police report.
I recieved and email from the Company ACS INC, I knew I did owe anything so I called them, this company is FAKE!!!!!!!!! When I advised them that I would be reporting them to the BBB they hung up on me and I tried calling them back. They dont care that they are trying to scam people he told me okay report me and what do you think is going to really happen. I was completely loss for words. I hope the telephone number was not 1-347-571-9007. They also have an email address to reply back to THE FOOLERY OF PEOPLE!!!!!!!!!!!!
They also call from this number too - 716-616-9886. I ignore them totally. I changed banks and they don't have access. Definitely close your accounts.