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Established Member
astsmj3
Posts: 23
Registered: ‎10-24-2012

:( a payday loan finally caught up with me

I was on cloud 9 yesterday....my scores had a real nice boost and thought I was on my way. Today I received an alert from score watch and my score dropped 79 points because of a pd loan that caught up with me.  I sent in a PDF tonight via email and will get it out in the mail Monday...I have read on here though that not a lot have success with cash call...Hopefully they have the "Christmas spirit" and will give in.

Moderator
Shogun
Posts: 12,883
Registered: ‎04-15-2011

Re: :( a payday loan finally caught up with me

Hoping the best for you!


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Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: :( a payday loan finally caught up with me

Good luck with the PFD offer.  However, while waiting, it might be prudent to also address the issue of their reporting.

Did they send dunning notice within 5 days of their reporting? 

If not, there may be an FDCPA violation that might affect their feeling of extending you some good will to let it be.

Established Member
astsmj3
Posts: 23
Registered: ‎10-24-2012

Re: :( a payday loan finally caught up with me

I did not receive anything from them...I was actually taken by surprise by it, but it is mine and I do owe it...but could you possibly explain the violation?

Regular Contributor
doc101
Posts: 177
Registered: ‎11-27-2011

Re: :( a payday loan finally caught up with me

good luck......wishing the best of luck for you


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Current Score:EQ658 TU 655 EXP627 updated 5/30/2014
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Moderator
Shogun
Posts: 12,883
Registered: ‎04-15-2011

Re: :( a payday loan finally caught up with me

You should receive a dunning notice within 5 days of the TL showing up.  If not, then that is a violation.


Starting Score: 504

July 2013 score: EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+

Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: :( a payday loan finally caught up with me

FDCPA 809(a) requires a debt collector to send formal collection (dunning) notice within 5 days of "initial communication" with a consumer regarding their collection of the debt.  It does not specifially mention credit reporting.

 

While reporting to a CRA is not an actual oral or written communication directly with the consumer, both the courts and the FTC have held that the intent of that provision is to provide prompt notification of collection actibity once they begin active collection so that a consumer can take appropriate action. 

Being as reporting to a CRA makes their collection available to others upon pulling your CR and also affects the consumer's credit score, they have interpreted the reporting to a CRA to be an act that triggers the requirement for dunning notification to the consumer. 

 

Absent dunning notice, most consumers dont regualrly pull their credit report, and would thus have submarine collections doing harm to their credit rating without their kowledge.

New Contributor
jetsfan2013
Posts: 125
Registered: ‎11-28-2012

Re: :( a payday loan finally caught up with me

Good Luck to you. Had you received anything in the mail from them prior?

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