I sent Access payday loans a debt validation letter that expressly states the information I need and doubly expresses the fact that this company is to only contact me by mail. Within 1 hour of faxing this letter, I get a call from "Dan" stating he will send a account summary but that is all. His statement to me was "I have a job to do and do not have time for this". He then mentioned that he is turning my account over to collections if I really did place a stop payment on the charges, which I did. The letter also addresses this by saying " If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist. Until that time, all authorizations for payment are cancelled and stop payments have been placed on those payments previously authorized and not released by my bank." How can I stop them from here?

[Cow & Chicken]

Kim,

You will need to send the letter via certified mail with return receipt requested. Then you will have proof that they received the letter. If you receive a call after that, then file a complaint with your state's attorney general's office. You might want to also file a complaint in the state the lender is located in as well. You will have to send copies of the letter and certified mail receipts, along with other correspondence. Make sure you keep everything documented, phone calls, dates, times, conversations etc.

[Teleport]

Kim

Unfortunately, the faxing of letters usually only works for cease & desist. A validation letter usually should be sent certified mail. If you are prepared to take the next step, I would consult with an attorney. Usually you can get free legal counsel over the phone. Maybe even they could get the letter typed up for you on their letter head, for a small fee.

Also, since he has received the letter...you should probably state the next time he contacts you that the call is being recorded, and you have a copy of the fax documentation that he received your cease & desist letter. That's enough to file another complaint for violation.

Regards-
Mike

I have absolutely no idea what state they are located in. Does anyone know?

[Cow & Chicken]

I didn't realize you could do them by fax only. That's good to know.

[Teleport]

Do you have an 800# for the company, or a website address?

[Teleport]

msmishele30

Preferred method of cease & desist should be sent certified. That way you know for a fact that someone has it in "their hands". Faxed letters can easily fall of the fax machine.

[Cow & Chicken]

Well, in most cases, I faxed the letter, printed the fax report, and then sent it certified mail. It just makes me feel a little safer that way.

[Teleport]

Kim

I think I found the information you are looking for. Is this the same company?

AccessPayday
1112 Weston Road
Suite #130
Weston, FL 33326

866-383-3960


Regards-
Mike

That could very well be them, but frankly, at this point, I am sooo confused. I know that the original 800# I was given is 877-851-5280 and I will send this certified. He told me that he is mailing me an account statement...hopefully this will have a return address....maybe not though, these people are very shady.

I got home from work last night and "Dan" from Access (after threatening to send to collections) had sent me an email that they consider the account paid in full and if I agree, just to return the email with my acceptance. Should I do it? It makes me think that they are hiding the fact that they took WAY more money than they should have, BUT at this point I just want them gone. This would be the second loan that was wiped out just by requesting the debt validation.

[Cow & Chicken]

Do you have records of your bank statements showing the debits? Do you have the original loan agreements that you signed with them? Enforce that you want this in writing.

[david]

KimS

Don't send your money until you have the agreement in writing. You should have proof of all the actions in case there is a need to dispute at the later stage.

Thet are stating that they dont want any more money from me. The say that the debt will be released with no further obligation.

[Teleport]

Kim

I would suggest calling them back, and getting that in writing. You need to protect yourself, because at some point they could attempt to hit your account again (if you haven't already changed your account number).

Also, if you get taken to Judge Judy (for instance), she'll ask you "did you get it writing", and since you had an agreement with the lendor, the ball will be in their court, if you can't prove everything was paid/cleared.

Regards-
Mike

[Cow & Chicken]

This is something that was stressed to me from my consumer protection office. Kim, always get it in writing. They could turn it over to a third party collection agency sometime down the road and still try to collect the amount.