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Senior Contributor
Wonderin
Posts: 3,494
Registered: ‎05-25-2008

Re: PayDay Loans--Help!


campchic wrote:

OK need help here.  I got a call from a private number from someone that sounded Indian, stating that i have a lawsuit against me from national Payday Services and he was from the lawfirm.  He told me that the loan was for $300 and i now had to pay back $1095 so that i would not have criminal charges against me.  He told me that i had to fax over a letter of apology to the creditor and an authorization to withdraw funds from my account.  When i asked for his phone number he gave me one that has 12 numbers in it. 

 

If it is mine i will pay it and it could be mine.  I sent them a fax stating that i want something in writing stating who the original creditor, date of loan, and loan amount was.

 

Can they file criminal charges against me?




No, they can't. Debtor's Prisons no longer exist except in the history books.

They CAN file criminal charges (depending upon your state) if you fail to show up for a court hearing re a lawsuit for that debt. But simply owing that debt can't land you in prison. (BTW, that's a FDCPA violation right there -> They can't make those kind of threats)

How old IS this debt? Is it within your state's SoL?

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

New Contributor
campchic
Posts: 69
Registered: ‎04-26-2009

Re: PayDay Loans--Help!

It is fairly recent, I think.  I again asked him who the original creditor was.  He said that he works with 300 websites and it could be any of them.  I live in Louisiana and at the end of last year i was desperate and took out some payday loans that i have since defaulted on.  It could be my debt, i just dont like that he wants me to give him my account information and that he said he has no access to a fax machine (even thought i faxed him something) or email.

 

I am really scared and do not know what to do

Senior Contributor
BungalowMo
Posts: 4,229
Registered: ‎05-01-2008

Re: PayDay Loans--Help!

[ Edited ]

campchic wrote:

It is fairly recent, I think.  I again asked him who the original creditor was.  He said that he works with 300 websites and it could be any of them.  I live in Louisiana and at the end of last year i was desperate and took out some payday loans that i have since defaulted on.  It could be my debt, i just dont like that he wants me to give him my account information and that he said he has no access to a fax machine (even thought i faxed him something) or email.

 

I am really scared and do not know what to do


Do NOT give him ANY information. If he is now in charge of collecting this debt, he will already have it.  If he calls again, I'd tell him to mail you the documents.  If he asks for an address, ....give him the address of the payday loan place! 

 

Is any of this on your CR's?  The payday loan...or a CA maybe?

 

I think someone is on a fishing expedition.  SO many people are in financial trouble these days & taking bad loans, the bottom feeders are out there dialing up computer generated phone #'s & see who is scared enough to pay.

 

That's my thought on this scumbag.

Message Edited by BungalowMo on 06-03-2009 02:33 PM


Starting Score: 07/2011 TU 732 - EQ 717 - EX 702
Current Score: 06/2014 TU 739 - EQ '08 709 - EX 721
Goal Score: 850

Bury me in the garden...last app 06.18.14

New Contributor
campchic
Posts: 69
Registered: ‎04-26-2009

Re: PayDay Loans--Help!

Thanks to everyone, your advice is really appreciated.  It is just really frustrating and scary.  I have been trying for about 2 months to clean up my credit (with a little success), but i feel like it is 1 step forward and 10 steps back.  About 5 years ago, i got caught up in the d_ _ _  payday loans and was able to get myself out.  I very stupidly got back into the same thing and am struggling to get out, AGAIN!!!

 

Thanks again to everyone

Senior Contributor
BungalowMo
Posts: 4,229
Registered: ‎05-01-2008

Re: PayDay Loans--Help!


campchic wrote:

Thanks to everyone, your advice is really appreciated.  It is just really frustrating and scary.  I have been trying for about 2 months to clean up my credit (with a little success), but i feel like it is 1 step forward and 10 steps back.  About 5 years ago, i got caught up in the d_ _ _  payday loans and was able to get myself out.  I very stupidly got back into the same thing and am struggling to get out, AGAIN!!!

 

Thanks again to everyone


Whatever boat you're in right now...you KNOW who you owe.  This guy is a scumbag.  Is your # listed in the phone book?  I still think someone's fishing. 

 

If he calls again I'd hang up.



Starting Score: 07/2011 TU 732 - EQ 717 - EX 702
Current Score: 06/2014 TU 739 - EQ '08 709 - EX 721
Goal Score: 850

Bury me in the garden...last app 06.18.14

New Contributor
campchic
Posts: 69
Registered: ‎04-26-2009

Re: PayDay Loans--Help!

Just got a call back from that man.  He told me that 2 investigation officers would come to my house tomorrow and serve me with all the documents in writing that i needed and would bring me to jail.  He told me that i would be charged with criminal theft and 2 other charges (could not understand him).  I again asked him to send me something in writing and he told me that i would also loose my job because all the paperwork would be sent to my employer
Senior Contributor
Wonderin
Posts: 3,494
Registered: ‎05-25-2008

Re: PayDay Loans--Help!


campchic wrote:
Just got a call back from that man.  He told me that 2 investigation officers would come to my house tomorrow and serve me with all the documents in writing that i needed and would bring me to jail.  He told me that i would be charged with criminal theft and 2 other charges (could not understand him).  I again asked him to send me something in writing and he told me that i would also loose my job because all the paperwork would be sent to my employer


Okay, first and foremost, what state are you in?

Second of all, have you EVER received ANYTHING in the mail (at your current address) from these people in reference to this issue?!

My take? I think he's bluffing you in the hopes that he'll have you insanely paranoid and willing to eat PBJ sammies for a week just so you can pay this loser off. Unfortunately, I think it's working. :smileysad:

Being in debt is NOT against the law. And police officers/investigators don't make house calls simply on unpaid debts. And they can NOT threaten to notify your employer about your debts.

These a**holes aren't just violating the FDCPA, they're torturing it with a cigarette lighter and duct tape. So far, just from the wee bit you've written, I've counted FOUR separate, egregious, violations. And I don't, if they actually DO know your address, put it past them to give you a visit. I'd not answer the door - if they represent themselves as the police, THROUGH the DOOR, notify them that you will be calling the police to verify their identity.

If you know/remember who the OC is, I'd call them, let them know how the CA they've contracted to collect this debt is murdering the FDCPA. If they act like they don't care, let them know that you will be filing a complaint against the CA AND them with the FTC, your state AG, the BBB, etc.

If they act like they DO care, offer to make payments on this debt. And I recommend that simply because you *do* run the risk of being sued for the debt.

But don't talk to that a**hole again on the phone. Or if you absolutely can't help yourself and you DO answer the phone when they call, demand to know their mailing address so you can send them a DV.

But most importantly, don't let them bully you. :smileymad:

Stinkin' pus-filled bastiges. :smileymad:

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

New Contributor
campchic
Posts: 69
Registered: ‎04-26-2009

Re: PayDay Loans--Help!

I live in Louisiana and he finally told me that he was "Filing" in California.  I have received nothing from them saying that i owe this money.  He said that he can not tell me who the original creditor is because he represents 300 payday lenders.

 

I have no problem paying a debt that i owe.  He just will not tell me who i owe

Established Contributor
JoeBJay20
Posts: 795
Registered: ‎04-13-2009

Re: PayDay Loans--Help!


campchic wrote:

I live in Louisiana and he finally told me that he was "Filing" in California.  I have received nothing from them saying that i owe this money.  He said that he can not tell me who the original creditor is because he represents 300 payday lenders.

 

I have no problem paying a debt that i owe.  He just will not tell me who i owe


 

He can't tell you because he's obviously trying to scam you.  First off, they would have to file a lawsuit in your home county (or in your case, parish).  As others have noted, they've committed numerous FDCPA violations, and are merely trying to scare you in to paying money you don't owe. 
Senior Contributor
Wonderin
Posts: 3,494
Registered: ‎05-25-2008

Re: PayDay Loans--Help!


campchic wrote:

I live in Louisiana and he finally told me that he was "Filing" in California.  I have received nothing from them saying that i owe this money.  He said that he can not tell me who the original creditor is because he represents 300 payday lenders.

 

I have no problem paying a debt that i owe.  He just will not tell me who i owe


LA does NOT allow payday loan companies or those collecting on their behalf, to file criminal charges for unpaid loans.

Now, did you EVER live in CA? They can only file in either your current state of residence (or the address they have on record) OR the state you incurred the debt.

Plus, his not being able to tell you exactly who you owe is bull-spit. DV them.

Frankly, if you can't help yourself from talking to them (which, since they've got you freaked out, I can understand), let them know that you will be retaining an attorney ASAP. One who's familiar with FDCPA violations.

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!


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