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Posted: Fri Jan 05, 2007 5:47 pm Subject: "Willful Envasion"

I have been getting emails from a debt collector telling me to pay $250. I send them an email stating that I will not pay the debt until I receive a letter explaining the debt in full. A few days later he sent me another email stating the debt. I send another email stating that I want a letter and now he is saying that I am refusing the pay back the loan. I am not refusing, I just want a letter explaining it all to me. I live in PA...legally does he have to send me a letter if I am requesting one?

Posted: Fri Jan 05, 2007 5:51 pm Subject:

Yes, they do have to validate the debt if you request it. Here are some sample letters, including debt validation. Just insert your info, send it certified, return receipt. Good Luck..Karen oops here is the link at http://www.debtconsolidationcare.com/letters/

Posted: Fri Jan 05, 2007 5:53 pm Subject:

Thank you so much Karen. I really do appreciate it! Surprised

)

Posted: Mon Jan 08, 2007 3:04 pm Subject:

Not to mention, they shouldn't contact you by e-mail, although I suspect it's better than having them call you. But Bossy4455 is right - they must send you a letter verifying the debt. If they don't, they are in violation of the fdcpa.

Posted: Mon Jan 08, 2007 3:48 pm Subject:

I asked him to give me his address and he refused. He stated that any correspondence I need can be done via fax. I told him under the fdcpa that I have a right to have my debt validated but I can't do that without an address. I don't know what further steps I can take now since he is refusing to give me his address. Here is his email...

Posted: Mon Jan 08, 2007 4:21 pm Subject:

Crap! What's the name of the collection agency?

Write them back with the fdcpa laws. Mention this part.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

Mention that you are filing a case against them for not providing you with the address in order to send the debt validation letter. You will be using the email as your defense while writing complaints to the FTC, BBB and the state attorney general.

Posted: Mon Jan 08, 2007 4:25 pm Subject:

aerogirl - absolutely do not pay by moneygram or western union - they are almost untraceable. Insist on payment to them by certified check or money order via the mail, but do not allow them to debit your bank account again.

Follow the other advice given above - file a complaint against them for violation of the fdcpa. Stand strong against them - they will eventually fold.

Guest · Posted: Mon Jan 08, 2007 6:28 pm Subject:

Thank you aciotsf & SUEBEEHONEY70. I will write him back and state the laws again because I have told him that without this information in writing, I will not pay him a cent. I am not totally sure what collection agency he is from. The emails state these places: Westbury Ventures & LTS Management. I will write him again and state the laws to him once more and see what happens. I did state the law that he had to provide me with his address in my last letter and I also stated per the fdcpa and that didn't make any difference to him obviously but like I said, I will try again and see what happens. Thanks everyone! Surprised

)

Posted: Mon Jan 08, 2007 9:43 pm Subject:

I am in awe of all those big words he emailed. Did he think you would be so impressed with his vocabulary that you would have no choice but to pay.

Stick to your guns. Keep telling him no address = no payment, end of story.

Guest · Posted: Tue Jan 09, 2007 9:01 pm Subject:

I kept to my guns and told him that I will not send a cent until I get his address. Also that he is required by law to provide me with a business address that I will contact the BBB, Attorney General and the FTC. And what reply do I get back but this one...

"Provide me with a valid reason as to why you need my office address."

So, I told him that I don't have to give a reason for wanting his address and reminded him once more what the law states and told him no where in the law does it state that he has to provide it to me only if I give a valid reason and I told him that I would send the web address of the law if he didn't know it existed. I don't know what else to tell this guy. He is making me so mad!

Amber

Posted: Tue Jan 09, 2007 9:09 pm Subject:

I would reply back simply telling him you have contacted your AG to file a complaint about his company for violation of the fdcpa.

He can make any claim he wants - the fact and the law states that he MUST provide you proof of this debt via postal mail. No other form is allowed. More than likely, I am guessing he will not provide this because he knows the law in you state and his company is not licensed to collect in your state. When you contact your AG, ask if collection agencies must be licensed in your state, and if they are, find out if his company is. I'd be more than willing to bet that they are required, and his company is attempting to collect illegally.

Posted: Tue Jan 09, 2007 9:09 pm Subject:

When I say this, we're going to open up a whole new can of worms on how they don't have to follow any laws...

But in Illinois, the law says I need to have a physcial office for my customers to make payments. If a customer wants my address, I am legally obligated to provide it.

Posted: Wed Jan 10, 2007 7:04 am Subject:

I didn't know that here, DC.

Posted: Wed Jan 10, 2007 5:29 pm Subject:

Is there anyway of seeing online if they are allowed to do business in my state? I live in PA. I looked at the website about PDL and state laws and it states that I have to contact the Department of Banking and not the AG. I was planning on contacting both of them because his emails go back to the same old thing. What I found on the PDL loan and law website is something about 24% annually and I don't understand what that means. When I write whomever I need to write I want to make sure I get everything accurately. Per the bank statements I have, I took out $200 and paid the company $150 leaving a $50 balance unless I can find the other bank statements showing I paid that but they are requesting I pay $350! It makes no sense

Posted: Wed Jan 10, 2007 7:59 pm Subject:

Probably that 24 percent means the amount of interest they can legally charge you on a loan. So if you took out a $300 PDL, they can legally charge you 24 percent interest on that amount.
So what I would do is, pay back what you borrowed at the 24 percent interest rate and tell this guy he's not getting a dime more. Period. And if you've already done this, don't give him anymore!

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