On another note, I told her about me sending out a letter of validation. She asked me what that was and what I needed for it. She said that she couldn't get certain amounts that she could only give me what was currently owed and the dates I paid and the account number the payments were coming out of and that the burden of proof is on me, not them.

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I doubt it. Just send them the DV letter. Certified mail return receipt requested. Here is their address:

30 Church Street, Rochester, NY (585) 428-6625

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The fdcpa says otherwise, anyway I provided you with the address so feel free to fire off that DV letter CMRRR and see if they can provide anything.

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You might include a copy of the fdcpa with your letter as the obviously are so poorly trained that they do not know what it is!

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Cignarale's collectors have a track record for breaking the debt collection laws. I know of a pending lawsuit against them in Texas. They seem to have very little knowledge, training, or oversight.

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You should have asked her how she can prove that they sent anything...does she have the little green card from the certified letter? No? Oh..poor you..then you have no real proof, do you?

But yeah, this lady doesn't know squat. Burden of proof is on you, not them. Heh, I laugh every time a CA tries to tell me that load of bull. You should be happy that she admitted that she has no sort of validating documentation whatsoever.

Definately send that DV.

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i am so pissed, they are so rude. she said the exact same thing to me. oh my blood is boiling. Grant it i do owe this money, but dude , do ya have to be so rude.

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aerogirl, I got a call from them almost 2 weeks ago, and have not received an e-mail from them. Can you tell me the e-mail address from which their notice was sent? My guess it's in my spam filter....which has 2,000 messages in it. If I can search for it, it may help! Thanks!

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This Cignorale Law office calls me at work but first calls my Father in Law, who is 80, and leaves an urgent message with a file number. He gets all upset and calls my wife and asks why are there lawyers after me. What did I do before I moved from NJ. He thinks I came to Florida to escape prosecution or something!
I asked them for a dunning letter that was required withing 5 days under the fdcpa and they say it went out and the fact that it was not returned is proof that I got it. The same old BS that they all use. I tell them I can't recieve calls at work but they call again and say the person I told must have forgotten to note it. They have called my in laws about 5 times and left messages. I think I am going to file a complaint with the NY bar association and hire a lawyer and sue them for FDCPA violations. I have not sent a validation letter yet as they have not sent me anything to reference. I think they said I owed money to One Click Cash! I don't have them on my former PDL list. Do you all see any FDCPA violations here?

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ok, aero--here's what you need to do. First, off, she's flat-out lying to you about sending you a letter months ago. Know how I can tell?? They called a third-party trying to locate you. If she already had an address and knew where to find you, they would have had no need to call your mother! Dont let these idiots fool you.

Second, anyone who collects for illegal payday loan companies is not willing to go to court--because they know that what they usually do to try to collect on these debts is illegal all day long.

Send off the DV letter ASAP, by certified mail RRR. When you get the receipt card back in the mail, keep it somewhere safe, along with a copy of the DV letter you sent them. Make sure to include in your DV letter a statement telling them that they are not to contact you for any reason over the telephone--tell them that all communication is to be done through the mail.

I wouldnt be very worried about them trying to file a lawsuit against you before your letter gets there....

you said that this was a loan through "tendollarpayday.com"? An internet payday lender....not legal in PA, if I recall right.

Here--read this link. It is very helpful for you--specific to PA. It even states that payday loans are generally ILLEGAL in PA because they charge interest higher than the state's interest cap.

clsphila.org/Content.aspx?id=603

dont forget to add the www. at the beginning.

I can also tell you that Ten Dollar Payday Loans is NOT licensed by the PA Dept. of Banking, and they would have to be in order to legally operate in your state.

Also, I went to this attorney's website. He is seemingly proud of the fact that he is a member of the New York State Bar Association, as well as the bar associations for Erie and Monroe counties, both in New York. He even includes links to these on his website. But he mentions NOTHING about being a member of the PA Bar Association. You may wish to check into that--if he isnt, then he doesnt have the authority to practice law within your state to begin with.

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frogpatch--

yes, there are some violations there...

1--repeated third party contact, which is illegal in several ways. First, they are allowed to contact a third party ONE TIME, and ONLY ONE TIME, unless that third party gives them permission to call again. Second, they continued calling the third party after they spoke with you, another big no-no.

2--depending on the message they originally left with your father in law, that could be a fdcpa violation itself, because they are not allowed to reveal anything about the business they have with you, nor are they supposed to reveal their identity unless really pressed for it. They could have released your private information to him in that call.

3--continued calling at your place of employment even when told not to.

4--didn't send out the disclosure of rights within 5 days of initial contact.

5--at this point, to be honest, I would make a case for simple harassment. Think about it--they keep calling you at work, they keep calling your in-laws, yet thus far, even though you have spoken with them, they have barely even identified the debt they are calling about!! All these calls, and they arent giving you any information at all! I would argue this--"even if this were my debt, how in the world would I even know? They call and call, but havent told me a damn thing!"

But dont worry--I am sure they will violate the FDCPA more....ya just gotta be patient....give em time!!

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I was not sure of the repeated third party contact as they only left messages. They did however leave who they were on the machine. I am speaking with an attorney in a few minutes! I have too much of this crap to handle alone. I send DV letters and I have to send more because I get sold from place to place.

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right frog--but they cannot call a third party AT ALL once they have spoken with you! Third party contacts are ONLY to be made for the purpose of locating the debtor! So, they spoke with you, then continued to call the third party afterwards--there's your violation. The fdcpa details the whole third party issue pretty clearly, so there isnt a gray area there for them to weasel out with.

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To this day, I have yet to receive anything from the Law Offices of Vincent P Cignarale, and it's been almost over a month since I initially spoke with them. Nothing in the mail, nothing in an e-mail. However, just to make sure, does anyone have the e-mail address that a dunning letter may have been sent to? I've tried searching my e-mail for Cignarale, etc.. but nothing has come up. Thanks!

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Any collection agency that has an attorney on staff does have the ability to sue you. I dont think they would sue for such a small debt but if you owe it then you owe it. I come on these sites all the time and see people looking for exscuses not to pay back money they borrowed. I think it is kind of pethedic.

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Any collection agency that has an attorney on staff does have the ability to sue you. I dont think they would sue for such a small debt but if you owe it then you owe it. I come on these sites all the time and see people looking for exscuses not to pay back money they borrowed. I think it is kind of pethedic.

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