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aerogirl34 · 02-22-2008, 05:54 AM

Tuesday night, I received a call from my mother saying that a lawyers office contacted her about a debt that I owed, so I got the number and called them back.

I spoke to a lady who stated that I owe $480 from a payday loan from tendollarpayday.com. She told me the loan was taken out in 2006. I asked her to send me a letter stating what I owe and she did send me an email saying that I owed what I owe and who they bought the account from so on and so on. She proceeded to tell me that if she didn't hear back from me Thursday, which is today, giving me 2 days that she is going to file paperwork in the county that I live in and also attach $1600 lawyers fees on top of that.

I did do as much research as I could but I am still so confused. Do I have 30 days since I first talked to her to dispute the debt? She called at 8 am this morning saying that if she didn't hear from me by noon she is filing the paperwork. I am not sure what to do and when I do call her back, I would like to know what to say to her.

Please help

frogpatch · 02-22-2008, 06:16 AM

They are a cube farm collection agency that is renting a NY lawyers license. Send them a certified return receipt debt validation letter. Once recived they must stop all collection until they validate the debt. A sample template can be found in the do it yourself section here. I requested just a written dunning letter and never received one within the required 5 days. They seem to not know how to use the post office.

aerogirl34 · 02-22-2008, 06:19 AM

I don't have a problem sending them a letter with a certified return receipt but since it will take a day or two to get there, can she start filings against me already or do I have some time?

JCEMT · 02-22-2008, 06:20 AM

I would say this would be a good example of overshadowing as well, wouldn't you frogpatch?

02-22-2008, 06:20 AM

I'm curious did they tell your mother that they were calling to collect on a debt? That would be a violation of the fdcpa. I don't know what your burden of proof would be in that case but if they were found guilty it could cost them $1000.

aerogirl34 · 02-22-2008, 06:22 AM

I would have to talk to my mom on exactly what they said. I know when she called she said it was a lawyers office trying to collect a debt and that they were going to attach $1600. What is "overshadowing?"

JCEMT · 02-22-2008, 06:27 AM

Ok, within 5 days of initial communication they are supposed to send you a dunning letter. In this letter there is also supposed to be a notice of consumer rights, including right to dispute within 30 days. They are telling you to make payment in 2 or they will file. They are trying to pressure you into action and skip giving you the chance to dispute it, that is overshadowing in a nutshell.

aerogirl34 · 02-22-2008, 06:32 AM

Is a email the same as a dunning letter? I decided to copy and paste the email that was sent to me. Thank you so much for all of your help so far

The Law Office of Vincent P. Cignarale, LLC is offering you an opportunity to pay the amount due to satisfy your delinquent account. This settlement-in-full shall be in the total amount of $480.00 and is due in our office on or before February 29, 2008. Please contact the representative handling your file upon receipt of this correspondence with the appropriate payment information by the 21st of February 2008. In the event that any payment is late, not received, or returned by the bank for insufficient funds, this offer will be withdrawn. Please direct all other correspondence to 5100 Transit Road, Depew, NY 14043.
When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic funds transfer from your account or to process the payment as a check transaction. Please remit payment to the order of First American Investment Co., 2809 Wehrle Drive, Suite 1, Williamsville, NY 14221. Upon clearance of funds the account will be updated as paid in full and the credit reporting agencies will be notified that this account has been satisfied.
If you have any questions relative to the above referenced settlement, please do not hesitate to contact our office Monday through Friday 8:00AM to 10:00PM EST. Please refer to the file number indicated above.
Federal law requires we notify you this is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector.

frogpatch · 02-22-2008, 06:35 AM

They did the same thing to me. They called my 80 year old father in law. I called them and said I did not recognize the name of the PDL. Requested a statement. The guy said the letter has gone out as if he did it right then and there. I never got it and that was the last I heard from them. What state are you in an how much did you originally pay on this loan and how much was the original amount.

aerogirl34 · 02-22-2008, 06:38 AM

I am in PA. I honestly couldn't tell you how much the loan amount was for. To my knowledge, I thought I paid all my pay day loans except 1 off and it wasn't from this company and to complicate matters a little bit more, I don't have that bank account anymore and haven't had it for some time now so it isn't so easy to get copies of my bank statements

frogpatch · 02-22-2008, 06:39 AM

I do not think an email is considered legal correspondence as they fail or get caught in spam filters. Correct me if I am wrong!

aerogirl34 · 02-22-2008, 06:43 AM

That is very true about spam filters and such. I am planning on calling her back soon about this. Advising her that I sent out a letter of validation and hopefully I can have something witty to say back to anything she may threaten. I am just not sure of what exactly that is yet, hehe.

JCEMT · 02-22-2008, 06:47 AM

My suggestion is not to waste your time exchanging witty banter with collection agencies. Just deal with them strictly business, in written form only so you have a paper trail.

Also I just wanted to add that I'm not jumping your case here, I'm just speaking matter of fact, nothing more.

aerogirl34 · 02-22-2008, 06:59 AM

I completely understand and I am not looking for a fight or anything. I just want to know what to be able to say something legally back if she starts telling me that she is going to file my paperwork in the county I live in and so on.

JCEMT · 02-22-2008, 07:06 AM

Let her know that you have the right to request validation and that the threat of legal action within the same period could be construed as overshadowing.

aerogirl34 · 02-22-2008, 07:51 AM

Sorry to keep on bothering everyone but I did get in contact with the representative from Cignarale's office and she said that she did send me out a letter months ago and that she can prove that a letter was sent out and that she doesn't show that is was returned back to them so the 30 days that I am owed to despute this debt are over with. I NEVER received a letter from them at all. Is this true?