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  #481  
Old 02-26-2006, 04:48 PM
Anonymous
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Default debt collectors

it is illegal for any collection agency to tell you that they are going to put you in jail over not paying on your payday loan. i had someone from a collection agency call me and tell me that i was going to go to jail for not paying on it and i contacted her boss at work to tell her (of course she didnt answer so i left a message), and she has not contacted me at all...
you can not go to jail for not paying on a debt.. the only thing they can do is take you to civil court and sue you and if you do not pay they still wont take you to jail... the only thing they CAN do and MIGHT do is garnish your wages whichfully they are only allowed to take out 10 percent of each paychecks.
dont loose sleep over this non-sense.. its not worth it. just ignore them, and if they intend to sue you, then you have 30 days to make a payment agreement with them and if you fail to do so, then they will try to garnish your wages.. you can not and i repeat CAN NOT go to jail over this!! no matter what! its a civil matter not a criminal matter.
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  #482  
Old 02-27-2006, 09:02 AM
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stanley stanley is offline
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Quote:
the only thing they CAN do and MIGHT do is garnish your wages
Wage garnishment is a legal process. If creditors allow collection agencies to take legal action against consumer then only they can proceed. Wage assignment is a tool payday lenders use very often to get the money back. Consumers should check the papers of loan agreement carefully because digital signature is not allowed on the wage assignment contract and most of the lenders do this mistake.
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  #483  
Old 03-13-2006, 08:44 AM
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Default Calling family members

What do you do when a creditor not only calls you but calls your father in another state or your brother in another state both of whom have a different last name and you havent lived with either one in over 17 years .My father called me panic stricken and so did my brother! They called looking for me but would not tell either one why they were looking for me . Isnt this soom kind of harrassment?
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  #484  
Old 03-13-2006, 10:49 AM
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Teleport Teleport is offline
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Mary

Welcome to the forums! Because this collection agency "owns" the account, you're going to have hard times with them. You first need to call the original creditor and find out if they legally own the account. Also make them aware of the agencies tactics in recovery.

Second, send the collection a validation letter, asking to be sent full details on the account. You can even ask for licensing information to find out if they are even allowed to collect period.

Third, since they violdated your rights by devulging information about your payday loan to someone other than you, you're entitled to filing a complaint. You should file these complaints with the BBB, and your attorney general.

Below you will find a sample letter you can follow to mail out to them. Send it certified with signature return. You may also wish to include a copy of the complaint you made.

Quote:
Date: Thursday, January 26, 2006

Re: Acct # xxxxxxxxx

To Whom It May Concern:

This letter is being sent to you in response to a tellphone called made to a family member on January 24, 2006. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is
requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:
  • What the money you say I owe is for;
  • Explain and show me how you calculated what you say I owe;
  • Provide me with copies of any papers that show I agreed to pay what you say I owe;
  • Provide a verification or copy of any judgment if applicable;
  • Identify the original creditor;
  • Prove the Statute of Limitations has not expired on this account
  • Show me that you are licensed to collect in my state
  • Provide me with your license numbers and Registered Agent


At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for
the following:
  • Violation of the Fair Credit Reporting Act
  • Violation of the Fair Debt Collection Practices Act
  • Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any
information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not
limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

Best Regards,

Test
Hope this information helps.

Regards-
Mike
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  #485  
Old 03-22-2006, 07:22 AM
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Default Ellis Crosby and Associates

So, Katherine, what did you do to work it out with them then? I am especially curious since you work for an attorney what the attorney had to say about it.
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  #486  
Old 03-22-2006, 08:09 AM
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Mikey,

Can I use this letter in Ontario?
Thanks!
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  #487  
Old 03-22-2006, 10:59 AM
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Teleport Teleport is offline
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Guest

Are you located in Canada? The laws are different out there, but if you live in the US..then you can send the letter wherever because it pertains to your home laws.

I can attempt to revamp the letter, or search for a letter that will better suit you if you live in Canada.

Regards-
Mike
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  #488  
Old 04-10-2006, 10:10 AM
keli449 keli449 is offline
 
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Default eliss crosby and associates

I was harrased by them for about 9 months, I contacted the BBB and the florida AG. I now see there is a class action lawsuit filed against them and I have tried the links some of you have supplied but cannott find the appropiate way to be apart of the lawsuit.

keli
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  #489  
Old 04-10-2006, 10:36 AM
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Contact the Florida attorney generals office, they may be able to help
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  #490  
Old 04-19-2006, 09:45 AM
snucky381 snucky381 is offline
 
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Is Cash2day4u apart of Ellis Crosby? The number is 1-800-680-2177, I called to get my entire balance in full and a guy named "Jim" who sounds like he is from another country was very unprofessional. He called me "Sweety" 3 times and I asked that he just give me my info. Are they associated with 904-685-5008? It sounds like the same company that handles Platinum B.
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  #491  
Old 08-10-2006, 09:11 AM
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Default Smith Haynes & watson

has anyone heard of these people, they called me and told me i had until 11:30 today to send money - 866-489-0979 was the call back number. HELP
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  #492  
Old 09-08-2006, 04:34 PM
perry968 perry968 is offline
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this guy is a bozo.. he goes out of his way.. he is the criminal.. im looking for his home address so we can send debt validation letters to him there..hehehehe
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  #493  
Old 09-10-2006, 06:54 AM
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Default Legal Affidavit Company (possibly Ellis Crosby & Associa

I am an attorney in Decatur,Georgia (near Atlanta). I have a client who contacted me about threats to prosecute her on some unpaid outstanding payday loans. A foreigner called her from 813-322-3459. I am looking for other people in Georgia or preferably in the Metro Atlanta Area who have had problems with this company and would be willing to talk to me or potentially act as a similar transaction witness in the lawsuit I intend to file for violating the Federal Fair Debt Collection Practices Act. Your help in rooting out this problematic company is appreciated.
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  #494  
Old 03-23-2007, 12:17 PM
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everyone who is getting this call should really call jim feagle. my husband and i did. He needs all the information he can get to file this suit. we dont want money from the settlement, we just want this crap to stop. we have more stuff to worry about than just answering phone calls and arguing with don jackson and vin diesel. LOL so please give him a call. he lives in decatur georgia and can use all the help he can get.
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  #495  
Old 10-09-2007, 09:38 AM
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I haven't received a call from 866-489-0979. I receive an occassional email from Shawn Wiggins requesting that I call the number. An old email address is the only way they have to contact me so I just ignore them. Right now, I have another collection agency (Professional Recovery ) calling and harrassing me about payment of a payday loan from Fast Cash. This particular collection agency called me at work and apparently pulled my credit report and was quoting some of the things that I have on my report. She told me that I needed to call them back by Friday to clear up the situation. Needless to say, I told her that they are not allowed to call my place of business, I have not made any effort to call and I do not answer calls from unidentified callers.
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  #496  
Old 07-18-2008, 05:16 PM
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would they be able to take my money out of my account...and leave me with no money for rent??? or would they garnish my wages first?? I called them today and was supposed to speak with a receptionist but all i heard was some weird voice for a sec and then a beep and that was it...total silence. im worried if i should close out my account and put my money in a friends account for a while.
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