Internet's first get-out-of-debt community - 123,000 members

jenny-pop

I owe some money on payday loans and have the unfortunate experience of dealing with Brad Ragan,one of the most arrogant, rude collectors I have ever dealt with. After he called me at work yesterday, I hung up on him (he had called earlier this week and had made me so upset I had to go to the hospital that evening for an ulcer that had erupted due to stress).

After hanging up on him, he kept calling my work, going through EVERYONE'S extension, until he reahed my CEO. I have no idea what he told her (it was probably a lie, anyway), but my CEO came to talk to me and was NOT happy with me. I tried explaining to her that this man was trying to collect a debt, but had never presented anything to me in writing (except e-mailing me a few account numbers and amounts, which make no use to me whatsoever). She replied tersely, "Well, he e-mailed it. That's in writing". SHe then told me that the call was routed throughout he entire organization, disrupting many people's work. She also told me I need to take care of this on my own time (which I know I need to do, but how can I when this jerk is calling me at work?)
Any help? Is he breaking any laws by harrassing me at work and speaking to my CEO?

Posted: Sat Aug 26, 2006 4:42 pm Subject:

He is definately breaking the rules speaking to your CEO. They are not supposed to give anyone your personal information. They can leave a message for you but they are not supposed to tell people what they are calling about though. What company is it and how long have you been in default?

Posted: Sat Aug 26, 2006 4:54 pm Subject:

Jenny, I am so sorry that you are undergoing this tough situation created by a CA. The collector can be charged for breaking the laws if he discusses about your debt accounts with others. Contacting third parties is legal under the FDCPA only when the actual person is not within their reach. I will say, call them before they continue using other methods that might embarrass you even more.

Tell your CEO that an email with just a few account numbers and amounts does not necessarily validate the debt and show any proof of their collections being genuine. Under the federal laws, they must give enough information to you about the creditors, SOL, copies of agreements signed with your original creditors and that they have been authorized for these collections. Search for FDCPA in the FTC website and show the laws to your CEO. She will also understand the real thing.

The CA must send you the details in writing. Send a dispute letter requesting for the complete debt info. They will be legally forced to give you the information you requested. You have the rights to dispute until everything is given to you.

You should also send a cease and desist letter that will allow contact only through mail in the future. Restrict them from making any phone calls to you at your home or work. If you mention in the letter about all communication should be in writing, they should abide by it. Otherwise, it will result violation of the FDCPA. Check out the new thread I just started on another collection agency violating the federal laws. You will get some confidence dealing in this matter.

jenny-pop · Posted: Sat Aug 26, 2006 6:37 pm Subject:

Not sure what the actual lender's names were, but there are three loans that were taken out this past spring (the earliest in January). The hname of the CA is The Loan Shop/PD6 Ventures, but I think they also go under the name of DMS Marketing. Oh, one more thing I should mention: I had started paying off one of the loans, dealing with an EXTREMELY pleasant man named John Sullivan, who was more than willing to coopoerate with me as long as I kept in good communication with him. I paid about $100 one week, but the next time I was supposed to pay, I couldn't (due to rent, bills, etc). I e-mailed John Sullivan, telling him my predicament and asking him if we could work something out. He told me to call him on Monday, the 21st. Before I could even get in touch with him, WHAM! This jerk named Brad calls, telling me "your fist chance with me is also your last chance", or some B.S. like that. That was the phone call that pretty much sent me over the edge.

Posted: Sat Aug 26, 2006 7:02 pm Subject:

These people really are amazing. My loans just went bad on Thursday, I am hoping T & C contacts them before they all start getting nasty. I have a loan with 1 company that I am just going to pay off cuz I know how difficult they are. Good luck with all this and keep me posted on how it is all coming along.

Posted: Sat Aug 26, 2006 7:09 pm Subject:

Does this guy work for the original Creditor, or a collection agency? that makes a huge difference. Original Creditor ARE NOT legally bound by the FDCPA, if this guy is a OC, then you would need to see what your state laws say about OC"s talking with third parties.

jenny-pop · Posted: Sat Aug 26, 2006 7:18 pm Subject:

I do believe that this is a CA. When I spoke to John Sullivan before all of this stuff started happening, he said that the company that he worked for was given my files. Does that make them a CA, then? I have no idea! It seems like these agencies like to keep people in the dark, so long as they get their money.

Posted: Sat Aug 26, 2006 8:30 pm Subject:

If it is a CA, then you need to CLEARLY state to them "DO NOT CONTACT ME AT WORK, MY EMPLOYER DOESN'T NOT ALLOW ME TO RECEIVE PERSONAL CALLS WHILE AT WORK".

Follow this up with a written letter to Cease and desist ( however leave open the option for them to contact you in writing).. Once you tell them this IN NO UNCERTAIN TERMS, it is a violation every time after that they try to contact you our your employer ( they may only contact your employer to determine your location or to execute a voluntary wage garnishment). Under the FDCPA it is a violation which YOU can sue them for $1000 PER occurrence, plus damages and expenses. What state do you live in? that also may have some effect on what they can and cannot do.

Posted: Sun Aug 27, 2006 4:36 am Subject: Original

So if you have a PDL with a company and you send them a cease and desist, they can still contact you at work?

(if the PDL company is the original creditor?)

jennhy-pop · Posted: Sun Aug 27, 2006 9:13 am Subject:

I am in Illinois. I know a little bit about the laws, but I feel like I need to know more so I can become more empowered!

Posted: Sun Aug 27, 2006 1:28 pm Subject:

Hey wow jenny. I am also in Illinois. We have new laws relating to PDL's (and soon to include STL's) which place a cap on interests, and fees and also establish the maximum amount of time which you can have a PDL outstanding. Lenders must be licensed in the state of Illinois by the IDFPR. If they are not licensed in Illinois the loan is Illegal, and while legally their contract is not enforceable in Illinois, you do have a moral and ethical responsibility to repay the principal amount borrowed and interest as allowed under Illinois Law (on PDLs, $15.50 per $100) also after you default, you have the right to request and they must work out a re-payment plant and further interest must be stopped. You can only be assessed ONE fee for checks or ACH which are returned regardless of how many time they try to present it. Feel free to contact me if you need more help. but you should also contact the IDFPR and Lisa Madigans office for assistance.

Please check out these links for more information. The Illinois Department of Financial and Profession Regulation is the agency which enforces these laws.

Here are several links to various Illinois State websites which may be of interest to you in going forward:

Illinois Attorney General Lisa Madagan
http://www.ag.state.il.us/

Illinois Department of Financial and Professional Regulation
http://www.idfpr.com/DPR/default.asp

IDFPR list of Licensed lenders
http://www.state.il.us/dfi/ccd/licensees/All_CIL.HTM

IDFPR Payday/Short Term Loan Page (has link to valuable information, GREAT RESOURCE!)
http://www.state.il.us/dfi/ccd/ccd_payday_loans.htm

jenny-pop · Posted: Sun Aug 27, 2006 4:36 pm Subject:

LCW, thanks so much for the useful links! It looks like I've got a lot of information on my side! I'll keep you all posted with what happens.

Posted: Sun Aug 27, 2006 5:36 pm Subject:

one thing to be weary of, if any of your loans are store front lender, many lenders in Illinois created a "short Term Loan" to circumvent the PDL regulations. Ass of the current time, those loans are governed by the Consumer Installment Loan act. That can be found at http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1204&ChapAct=205% 26nbsp%3BILCS%26nbsp%3B670%2F&ChapterID=20&ChapterName=FINANCIAL+REGUL ATION&ActName=Consumer+Installment+Loan+Act%2E

The Governor ( I'm not even gonna try an spell that name) and the IDFPR announce they are writing new rules to close the "Short Term Loan" loophole that the PDL's used to circumvent the payday loan reform act.

jenny-pop · Posted: Mon Aug 28, 2006 8:26 am Subject:

Don't know if this helps at all, but here is a run-down on the confusing communications I've had with this company:

Jennifer M
RE: Loan # xxxxxx
Balance: $ 290.00

Dear Ms. M.,

Per our conversation 7/27/06 you agreed to a payment plan as follows. $145.00 to be paid 8/4/06 & $145.00 to be paid 8/18/. The funds are to be paid via your credit card authorization you have furnished. During this time no additional charges will be applied.

Upon the last payment being applied your obligation will be considered paid in full.

Please retain this letter for your records.

Sincerely,

John Sullivan
Account Manager/Reconciliation Consultant
The Loan Shop: PD6 Ventures/Express Cash
Phone: 1-800-859-6439 ext. 355
Fax: 1-866-323-6555
jsullivan@ dmsmktg.com

(John's the guy I origianlly dealt with, a very, very nice man).

He also provided a credit card authorization form.
The day after I spoke with John, I received this very confusing e-mail (my first scheduled payment wasn't even to be made yet!)

Status: Level 5 Delinquent/Intentional Neglect
From: ECP CD
Account Manager John Sullivan

When we set up your account and issued the loan it was with the understanding that payments would be made on your pay dates, but unfortunately at this time we show that your account is severely delinquent and you have actively stopped any attempts we've made to retrieve the funds we loaned to you. We have contacted you various times in various ways (e-mail, letters, phone) trying to re-establish contact with you and work this out in good faith. We have been acknowledged only with your silence, false promises, or outright refusal. Please contact me at your earliest convenience if you would like to resolve this voluntarily, I may be able to help you avoid any surprise debits from your checking account, you may or may not realize that you signed an authorization form giving us permission to debit your checking account without notification in order to resolve your full balance if at any time your account goes delinquent and you are currently showing delinquent, if you do not plan to pay please let me know that as well so I may forward your account to the proper parties.

Thanks for your time and consideration.

Below are your repayment options if you plan on paying this off fill out one of the forms and fax it to 866.323.6555 attn John Sullivan

Money Gram

Please use the blue money gram form the directions are as follows

1. Receive Code – 4959

2. Company name – LTS. Management

3. City/State – Kansas City, Mo

4. Account # (Please call for your account number)

5. Attention - John Sullivan

Please call in after payment is made with the reference number.

John Sullivan
Account Manager/Reconciliation Consultant
The Loan Shop: PD6 Ventures/Express Cash
Phone: 1-800-859-6439 ext. 355
Fax: 1-866-323-6555
jsullivan@ dmsmktg.com

I faxed him my credit card information using the CC Auth. form he gave me. That first payment was no sweat, but then times got tough and I couldn't handle making that second payment on the 18th. I sent John (who I thought was still handling my account) this e-mail:

From: Jennifer M.
Sent: Friday, August 18, 2006 11:22 AM
To: John Sullivan
Subject: RE: CC AUTHORIZATION

Hello Mr. Sullivan,

Unfortunately, I have run into some financial difficulties in this month and am afraid I cannot make a scheduled payment toward my account today. Would I be able to work something out with you so that I am not penalized?

Thank you,
Jennifer M.

To which Mr. Sullivan replied:

Jennifer,

Please call me on Monday, 8/21 and I’ll try to work something out for you. I want to look at the other loans as well.

John Sullivan
Account Manager/Reconciliation Consultant
The Loan Shop: PD6 Ventures/Express Cash
Phone: 1-800-859-6439 ext. 355
Fax: 1-866-323-6555
jsullivan@ dmsmktg.com

I thought that this was very good, working with such an understanding person on my accounts (which, by the way, I still hadn't seen in writing. I know this was dumb, but I was not aware of my rights at the time).

On Tuesday, August 22nd, this jerk Brad contacted me, explaining that the accounts were "his" and "my first chance with his was also my last chance, so don't blow it". He wouldn't even let me get in a word edge-wise. He upset me so bad that, like I said, I ended up in the hospital with stress-related stomach pains due to my ulcers (sad, I'm 28 and have ulcers already).

After reading some information on this wonderful forum, I e-mailed Brad:
-----Original Message-----
From: Jennifer M.
Sent: Tuesday, August 22, 2006 3:00 PM
To: Brad Ragan
Subject: Accounts

I would like a list of all my accounts and how much I owe on each one.

Thank you,

Jennifer M.

To which he replied:

when u email ref nmbr for the 100.00 i'll reply back with that info promise u that ok

(Kind of sad and pathetic when a full-grown man ha worse typing skills than my 15-year old sister chatting on AIM eith her friends).

The next day, I e-mailed John Sullivan again about the bind I was in with this jerk named "Brad":

From: Jennifer M.
Sent: Wednesday, August 23, 2006 1:31 PM
To: John Sullivan
Subject: Change in loan status

Hello Mr. Sullivan,

I received a phone call from Mr. Ragan, who also works at your company.

I just wanted to let you know that before I had called you regarding the loan payments I was going to make. He had told me that I would need to make the payment of $145 today after work, or else he would be forced to turn my file over (I don’t know what that means). He was also very unprofessional on the phone (in my opinion), joking with his co-workers in the background while I waited for him to give me information regarding these loans.

After reviewing the information that he gave me, I realized that he was calling from the same company that you are from. That is why I called you (also, I had promised to call you). After we had set our agreement, I e-mailed him, telling him what had happened: that I had made arrangements with you before, was unable to pay this past weekend, and called you to make arrangements for this weekend.

He called me shortly after I sent him this e-mail, telling me that I am not supposed to “go behind his back” like that and that he was in charge of my accounts and the only other person that could handle my account was his manager. He seemed to be very rude to me over the phone and I did not appreciate that. I know he is a bill collector, but he should treat people with a little more respect, even if they are in debt or have NSF’s. I would much rather work with you in resolving these accounts, as you seem more courteous, but if that can’t be done, so be it.

He told me that I would have to send $100 through MoneyGram tonight and send the rest this weekend through MoneyGram. I agreed, even though this will leave me with next to nothing for the remainder of the week in terms of money.

I do not mean to cause a rift between you and your co-workers, I just wanted to let you know the status of this.

Thank you,

Jennifer M.

John write back a quick note:

Jennifer,

I received your email and passed it on the my supervisor for review.

John Sullivan

(Somehow, I do not believe this)....

A couple of days later, Brad called my work, spoke with my CEO, and e-mailed me this:

Priority mail to:
2756 N Green Valley Parkway
Suite #871
Henderson, NV 89014-2120

The difficulties experienced by the collection department at PD6 Ventures/Express Cash when attempting to obtain the slightest amount of cooperation from you have led to your account status being changed to “Refusal to Pay/Intentional Neglect”.

This is a serious matter and all appropriate actions will be taken to collect this balance. Through your actions (stopped payments, declined payments, account’s closed or ignoring calls…) and lack of cooperation, it is evident that you have no intention of paying this account willingly and further actions must be taken.

Whether or not you considered it or not, borrowing money and intentionally neglecting to repay what was loaned to you is stealing. The consequences for the actions that you have taken were clearly explained in your signed loan contract. To avoid these consequences, return one of the attached authorization forms before 5:00pm CST today, June 15, 2006, so that this balance can be cleared without further incident. Fees will be added to your balance after 5:00pm CST.

If you have any questions about your account with WBV , feel free to contact me by phone or email.
Brad Ragan 1-800-859-6439 ext 278
Westbury Ventures

To which, I replied:

I would like a verification of the amounts and which loan companies they were through, in writing.

And he left me with this nice little note:

your bank can verify deposites im going to go ahea and proceed on all 3 bad check loans dont get mad because u borrowed money u cant pay back no more sif agreement u owe with fees 1065.00 and u will pay every dime of it

Now we wait and see, I guess. I've also read another post on here about another woman being harrassed by him at work.

Also, I have no idea what the heck to do. Do I work with John? Do I work with Brad (I hope not)? I have left numerous e-mails for the attorney who helped me file my bankruptcy this past fall, but she never got back to me.

Posted: Mon Aug 28, 2006 9:40 am Subject:

Wow....I don't think a 3yr gorilla could type that poorly. Smile

I'm with you both here in IL. While I personally have not gone the PDL track, I have had enough issues with CA's to know what they are required by law to do. As with LCW, you have a moral obligation to honor this debt. But, as I concur, do not fall pry to any illegal tactics. Equip yourself with the laws and keep your cool.

*Name:
*Email:
*Phone:
*Zip:
Debt

	* denotes required field

Internet's first get-out-of-debt community - 123,000 members

Brad Ragan from PD6 Ventures called my CEO

Members Area

Free Debt Counseling

Ask the community

Community Photos

Featured Discussions

Featured Articles

Question of the Month

Also See

Recent Forum Discussions

Recent Blog Post