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Name Veronica · Posted: Thu Jul 28, 2005 9:45 am Subject: Pay Day Loan

I received a call today regarding a payday loan I acquired through FSM Group. I was caught off guard because the company itself never contacted me in writing or via e-mail. Then I get this call from I believe a collection agency telling me that I have two charges against me and the amount allegedly owed. I questioned the amount and the person hung up the phone. I called back a number of times because I wanted the name of the collection agency and an address (as I have never received any correspondence from them). Again, they hung up the phone. When I say they, one Jessica Hawthorne and a supervisor by the name of Mr. Wakefield. He told me after I called there three times, to not call there again and this is going to our general counsel. From the greeting, it sounds like the company name is Alice Crosby & Associates, the telephone number is 1-800-491-8615. I would like to know if what occurred is legal? Who can I complain to about what happened? It is not that I deny getting the loan, I dispute the amount and the creditor itself could have contacted me.

Posted: Thu Jul 28, 2005 11:33 am Subject:

Hi Veronica,

If the collection agency that you are dealing with is Ellis Crosby & associates then don't make any payment right now. They have been banned for 90 days by ACA.

For more information on this topic please view the following post.

asbell1 · Posted: Mon Aug 01, 2005 4:17 am Subject: 1-800-491-8615

This same thing just happened to me on 7/22/2005. I was caught off guard as well because the gentleman by the name of Mr. Robuck told me that Apollo Funding had 2 charges against me and then he threatened me with arrest. I thought about it over the weekend and then I contacted an attorney that I have known for 3 years and he told me to contact the Attorney General's office for the state that I live in. I did and they have jumped on the case. I also kept the message that he left me on my job. I was also told that they are not licensed to collect debts in the state of Maryland and I also called the company that sent the information to the collection agency and let them hear the voice mail and they were totally shocked.

Posted: Mon Aug 01, 2005 10:39 am Subject:

Hi asbell1

Welcome to the forums. It is true that Ellis Crosby and Associates is using every unfair mean to harass the consumers and sometimes trying to recover the non-existent debt.

They have been banned from making collection efforts for a period of 90 days starting from June 01, 2005. During this period, you are advised not to make any payments to the mentioned company and trace all the necessary evidences of their illegal collection tactics.

You can record all the telephonic conversations, save all the letters of correspondence, file complaints to the FTC and the state general office and request them to take immediate action.

Veronica · Posted: Tue Aug 02, 2005 8:53 am Subject: Ellis Crosby & Associates

Posted: Tue Aug 02, 2005 9:52 am Subject:

Hi Veronica

Welcome to the forums. As per the FDCPA law you need to contact the collection agency only when the creditor has sold your debt to them. But if the collection agency is working on their behalf, then you have the full right to contact your creditors at any point of time.

However, please make sure that you do all your correspondence in writing through certified mail so that you can trail it for necessary proof.

Following is the address to contact Ellis Crosby

4494 Southside Boulevard, Suite 200
Jacksonville, FL 32216
Duval County

BethN · Posted: Mon Aug 08, 2005 3:24 pm Subject: Me too

I was contacted today August 8th, by this same company. My loan to begin with was three hundred and I made at least four seventy five dollar payments. They call me today and said I owe six hundred and eighty dollars. I also do not dispute I got a payday loan from them but I do not owe them this much. When I too questioned them they hung up on me. I tried to call them back repeatedly and they said it was out of their hands and I would be arrested. I KNOW I don't owe them this money. I may owe them like thirty dollars for a missed fee but no six hundred. What should I do?

Posted: Mon Aug 08, 2005 3:54 pm Subject:

Hi BethN

Welcome to the forums. As per the FDCPA, you can use your consumer rights and ask them to validate the said debt. They need to furnish the proper details of your accounts before they claim for any payment.

If you browse this forum with dedication, you will feel yourself stronger and will learn better ways of how to deal with personals from Ellis Crosby.

Regards
Roxette

BethN · Posted: Tue Aug 09, 2005 6:03 am Subject:

Should my request for debt validation be in writing then? Also, I guess a main concern is can they really have me arrested? I have two small children at home that I am the sole provider for and this worries me. Thank you for your help.

Posted: Tue Aug 09, 2005 6:08 am Subject:

BethN,

Your request for debt validation SHOULD be in writing whether it is via fax, mail (preferable only if you have a PO Box), or email. That way, you have valid, tangeable proof.
I asked for validation, however and they refused. In my book...no validation=no money from me.

They CANNOT arrest you. Nor will you be arrested. It's their stupid attempt at intimidation.
The only thing they could do is pass the info your county's courts and have a legal court hearing...but they won't do that either because they're harassing people while under suspension.

Ever since I sent a letter to them, I haven't heard from them since.

Guest · Posted: Tue Aug 09, 2005 9:43 am Subject: Ellis Crosby

Wow...I received a call today VERY similar to all those listed above...I actually had 2 loans which I had been paying my renewal charges for religiously until I just couldn't do it anymore at which point I closed my checking account at the advisement of the attorney who is doing my bankruptcy (an inevitable!)
I contacted this company and requested their fax number to send my request for debt validation and the guy jumped down my throat. He said I had no idea of why they were suspended and that this call wouldn't get me off the hook...I told him I didn't expect to be let "off the hook" and he got really angry with me. He then asked me to "stand by" while he pulled up my info. I then hung up. I too never received any email or call from either FSM Group or Platinum B. Services, which are both companies I had the loans with. Ellis gave me my "case" numbers, and threatend to take my companies hard drive because I applied for the loans while at work. I guess I'm just not sure how to proceed with this and what I should do, they gave me the info to pay through Western Union but now that I've read all of this information I would be afraid to send them ANYTHING! Who can I complain to about this? My attorney has already told me that these loans are eligible for my bankruptcy, but I don't need anyone trying to take my money and threatening to arrest me. They called my payment an "out of court settlement" which tells me they would SUE me before they'd arrest me...but Again, what do I do????

Tabitha · Posted: Tue Aug 09, 2005 10:12 am Subject:

What exaclty should I ask them when requesting a debt validation, and what info do I give them?????
That's my post above too, I'm scared I guess...but don't know exactly why....

Posted: Tue Aug 09, 2005 10:35 am Subject:

Hi Tabitha

Welcome to the forums. When the collectors are insisting you to pay the debt, you are required to know the complete details of the said debt.

As per the FDCPA law, the debt collectors are restricted from threatening and using unfair methods for recovering any debt. They can't threaten you with jail and misrepresent your accounts.

http://www.debtconsolidationcare.com/fdcpa.html

Please ask them to validate the debt as it is your legal right to know the latest standing of your debt account.

http://www.debtconsolidationcare.com/validation.html

After they have received the debt validation letter through certified mail with return copy requested, the following information of your debt account should be submitted:

The details of the account.
All the calculation should be shown of the amount that is owed.
Any copies of the papers to be furnished that shows the payment agreement.
Provide a verification or copy of any judgment if applicable
The original creditor needs to be identified.
The Statute of Limitation needs to be proven for the collection of the debt.
The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent
Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.
A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.

Do let us know if you face any problem in between the process.

Regards
Roxette

Tabitha · Posted: Tue Aug 09, 2005 11:05 am Subject:

Thanks...but again, what information do I give them when requesting a debt validation, and what exactly am I to ask them? These people are so ruthless!

Tabitha

Posted: Tue Aug 09, 2005 12:08 pm Subject:

Tabitha, please read the letter posted in the thread give below and ask them to provide information on the following points which I mentioned above in my post.

http://www.debtconsolidationcare.com/forums/about2779.html

Regards
Roxette

Tabitha · Posted: Tue Aug 09, 2005 1:21 pm Subject:

Ok..thanks for that bit of advice, I'm sure I can figure out, just as i'm sure they won't bother replying to me!
Basically I wanna know if these **ckheads are
A)Going to get my harddrive & B)Have me arrested
I'm in the process of filing for bankruptcy, so I know if I wait long enough it'll calm down, but these people are insane!!! I filed my complaint with the FTC today, and am in the process of filing one with the Illinois AG...Can anyone tell me off the top if this company is licensed to collect in the state of Illinois or not?
Thanks again!

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