Hello and Help:
I had taken out two separate payday loans back in 2004. I received a harassing and threatening phone call last week from a representative of Ellis, Crosby & Associates indicating that they represented "E Processing" and "EP Processing" whom I took a pay day loan out with in 2004. The loan with each company was $300. Back in July 2005, I received a threatening phone call at my work from Ellis, Crosby & Associates indicating that I owed a total of $935.00 to them for the $300 pay day loan taken out with "E Processing." I made a verbal agreement over the phone with them (Ellis, Crosby & Associates) to send $600 that day via money gram in which I did send the money, and as I understood, the representative told me then that if I paid the $600 through money gram, that this would settle the account and I would be marked "paid in full."
As indicated above, I received a telephone call on September 5, 2005, from Ellis, Crosby and Associates indicating that they represent "E Processing" whom I owed a total of $342.40 (this is the company where I paid Ellis, Crosby & Associates $600 via money gram to settle the account back in July 2005), and "EP Processing" whom I currently owed $935.00 ($300 loan plus fees, attorney fees, etc.). I received the call at work in the afternoon around 3:00 p.m. and was told that I owned a total of $1,277.40 to them for collecting for "E Processing" ($935.00) and "EP Processing" ($342.40); that I had approximately one hour to let them know if I would be able to make the payment in full of $1,277.40 or they would have me arrested on writing bad checks, conduct a scan and send a subpoena to my place of employment forcing my employer to pay the balance owed and that I used my computer at work to apply for the loans which is considered personal gain; that my employer would fire me immediately; that I would get arrested on bad check charges and fraud in the State of West Virginia, and that my life would be over. I starting to cry out of fear of losing my job -- I am a single parent of two and the pay day loans were taken out on good intentions to help me pay a couple of bills in 2004 as applied for. After consulting with family members who helped me, I was able to send Ellis, Crosby & Associates, on September 5, 2005, a western union quick collect payment in full of $1,277.40. The representative then called me the next morning to verify that payment had been received, that no charges would be brought against; that they would contact the two lenders to let them know that they have received payment in full; and that the files with their office has been settled and closed.
Well, something ironic happened that same day. I received a telephone call from a Mr. Eric Pitts who works for a collection company "BMG Consulting" who represents "E Processing" for the same exact pay day loan that was taken out by me in 2004 that I paid in full to Ellis, Crosby & Associates. They indicated that I owed them a total of $810.00 ($300 for E Processing, and $300 for EP Processing, and the remaining $210 which represents their collection fees and costs.) I told this gentlemen that I had already paid these accounts in full to Ellis, Crosby & Associates in the amount of $1,277.40. He proceeded to tell me that Ellis, Crosby & Associates were being sued; that they were illegally collecting from consumers like me by threatening to have me arrested, lose my job, etc., and that they are the collection agency for "E Processing" and "EP Processing"; that these companies had fired Ellis, Crosby & Associates from doing any collection for them since they were being sued. I then placed a call to Ellis, Crosby & Associates and explained to them that another collection company "BMG Consulting" is asking me to pay them for the exact loan that I paid in full to Ellis, Crosby & Associates. Ellis, Crosby told me that BMG Consulting were fired from the two mentioned pay day loan companies and were upset because they are losing out on making money on collection fees. I placed a call back to BMG Consulting and explained this to them. They said Ellis, Crosby & Associates were lying and Ellis, Crosby & Associates said that BMG Processing was lying. BMG Consulting told me that if I could get a letter from Ellis, Crosby & Associates indicating that I had paid both accounts in full, that they would not proceed with any collection attempts from me. Ellis, Crosby & Associates faxed me a copy of the Notice of Accounts paid in full and they also faxed a copy to BMG Consulting.
The representative from BMG Consulting claims that I would never get a settlement paid in full letter from Ellis, Crosby & Associates, and that the 2 pay day loan companies would never get their money. I did get a faxed settlement letter from Ellis, Crosby & Associates, but how do I know if "E Processing" and "EP Processing" have received the money? Can some one advise me of my legal rights. Could Ellis, Crosby & Associates have me arrested for writing bad checks even though these loans were done over the internet online and no checks were written nor any check numbers given? Could they have subpoenaed my employer and had me fired? Why is Ellis, Crosby & Associates and BMG Consulting in a disagreement over who is the real collection agency? Should I contact an attorney over this matter? What were or are my legal rights? Help me.....