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 Posted: Wed Apr 05, 2006 2:45 pm Subject: National Payday Advance |
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Okay I'm back again with some questions. I'm now working with T/C with my debt and NPA is included in this debt. They have emailed me telling me this:
We do not deal with Debt Consoldition companies. It is optional on our part to go through them to get your money that you owe us. We DECLINE !!! to contact them and I will contact you every day if I have to in order to get our money from you that you owe us. Again we are declining to go to your debt company as we have a right to do this. Thanks Mr Kay
Okay this was yesterday. I called T/C this morning to let them know this and they are attemping to call this company to let them know not to call me anymore.
Well this afternoon about an hour and a half ago he calls me. First I saw the caller id(I'm at work) and I picked up and hung up. Next he called privite and cause it was private I had to answer not knowing if it was them or not. Well he said that the are a first party company and that they can call me anytime they want day or night and whoever they please to call. Which in turn I told him I was working with T/C and to call them cause I am not in a position to pay them twice. Well he said to me that I have to pay them directly. I told him not to call me anymore at work as I have told him before and he started to yell and sream at me telling me that I had no rights that he would call me every hour on the hour at work and that he didnt give a crap about what rights I had. I told him I would send him a cease and desist letter and he yelled every louder and so I hung up on him.
What other measures can I take her after I send him the letter.
Also can I get a link to a sample cesase and desist letter?
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amberreyes1979
Joined: 24 Aug 2005
Posts: 36
Debtcc Points: 1326
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| Posted: Wed Apr 05, 2006 2:47 pm Subject: |
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in the books section of this website there are sample letter copies.
Sounds painful...I hope it does not get this bad for me!!
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Seeing_the_Light
Joined: 28 Mar 2006
Posts: 537
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| Posted: Wed Apr 05, 2006 2:58 pm Subject: |
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Wait this is the orginal creditor what do I do then?
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amberreyes1979
Joined: 24 Aug 2005
Posts: 36
Debtcc Points: 1326
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| Posted: Wed Apr 05, 2006 3:00 pm Subject: |
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T&C will handle it.
This dude is really treading on thin ice. First party or not, I would file a complaint with the AG. That'll shut them up.
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beatlemyn02
Joined: 02 Feb 2006
Posts: 81
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| Posted: Wed Apr 05, 2006 3:15 pm Subject: |
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Beatle I PM'd you
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amberreyes1979
Joined: 24 Aug 2005
Posts: 36
Debtcc Points: 1326
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| Posted: Wed Apr 05, 2006 3:32 pm Subject: |
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Is this a store front lender or an internet lender?
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CowampChicken
Joined: 20 Dec 2005
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| Posted: Wed Apr 05, 2006 3:44 pm Subject: |
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internet lender
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amberreyes1979
Joined: 24 Aug 2005
Posts: 36
Debtcc Points: 1326
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| Posted: Wed Apr 05, 2006 4:08 pm Subject: |
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Amber, are these guys based in Utah?
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jj
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Location: Washington State Debtcc Points: 8612
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| Posted: Fri May 26, 2006 10:16 am Subject: try this if your pdl's are ignoring T&C |
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I am also with T&C. I had one pdl (in collections no less)that did not want to cooperate either. they were calling both work and home everyday. I sent a letter.... basically is was a cease and desist of all calls immediately. Then I continued to explain that T&C have been trying to work with them. They are currently have my paperwork but are refusing to acknowledge it. This was an attempt to pay a debt and If they refuse to deal with my consolidator, they were in fact dening payment from me on my account and it would be noted as DENIAL OF PAYMENT TOWARD THIS DEBT. I never heard from them again
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guest
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| Posted: Fri May 26, 2006 12:07 pm Subject: I am with T&C also |
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I have found one or two PDL's that I choose to take out of my program and pay off. I have mixed feelings about T&C and most likely when I get back on my feet financially, I will pull them out one by one and pay them off myself. I don't find T&C being very "aggreessive" toward my better interests.
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KittieKat
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Joined: 07 Dec 2005
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Location: New Jersey Debtcc Points: 3941
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| Posted: Fri May 26, 2006 12:09 pm Subject: T&C |
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sorry, pardon the typos above, I forgot my glasses today 
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KittieKat
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Location: New Jersey Debtcc Points: 3941
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| Posted: Sat May 27, 2006 1:53 pm Subject: |
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The original lender does not in fact have to accept any proposal from any company trying to work out a partial payment agreement. Neither does a collections agency.
Keep sending the money. They have to by law post it to your account. A cease and desist letter is designed for one hting.. For that debt to be sent to another agency and so on.
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FYI
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| Posted: Sat May 27, 2006 4:38 pm Subject: |
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Original Creditors are not bound by fdcpa, however everyone (personal or business, creditor or not) is bound by the USC code. particularly 47USC2223 which states:
| Quote: | TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER II--COMMON CARRIERS
Part I--Common Carrier Regulation
Sec. 223. Obscene or harassing telephone calls in the District
of Columbia or in interstate or foreign communications
(a) Prohibited acts generally
Whoever--
(1) in interstate or foreign communications--
(A) by means of a telecommunications device knowingly--
(i) makes, creates, or solicits, and
(ii) initiates the transmission of,
any comment, request, suggestion, proposal, image, or other
communication which is obscene, lewd, lascivious, filthy, or
indecent, with intent to annoy, abuse, threaten, or harass
another person;
(B) by means of a telecommunications device knowingly--
(i) makes, creates, or solicits, and
(ii) initiates the transmission of,
any comment, request, suggestion, proposal, image, or other
communication which is obscene or indecent, knowing that the
recipient of the communication is under 18 years of age,
regardless of whether the maker of such communication placed the
call or initiated the communication;
(C) makes a telephone call or utilizes a telecommunications
device, whether or not conversation or communication ensues,
without disclosing his identity and with intent to annoy, abuse,
threaten, or harass any person at the called number or who
receives the communications;
(D) makes or causes the telephone of another repeatedly or
continuously to ring, with intent to harass any person at the
called number; or
(E) makes repeated telephone calls or repeatedly initiates
communication with a telecommunications device, during which
conversation or communication ensues, solely to harass any
person at the called number or who receives the communication;
or
(2) knowingly permits any telecommunications facility under his
control to be used for any activity prohibited by paragraph (1) with
the intent that it be used for such activity,
shall be fined under title 18 or imprisoned not more than two years, or
both. |
In light of this person's statement, you need to document calls (i.e actually answer them and record date, dime, number called,length of call and the person call was initiated by) In order to pursue federal charges under the Federal Communications Commission. THIS IS NOT CONSUMER/DEBT LAW, this is a regulation relating to communications. Most in the collections industry have little or no knowledge of this and will try and play it off and say it does not apply. THIS APPLIES TO ANYONE IN THE US.
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LCW
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| Posted: Tue May 30, 2006 1:10 pm Subject: |
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national payday is very sketchy... they lost their license in utah, have a phone in Fl and a fax in nevada... I think that it is a one man show right now, hard up for cash and trying to do anything they can to fleece people
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jj
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Location: Washington State Debtcc Points: 8612
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| Posted: Wed Aug 23, 2006 8:51 pm Subject: |
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Who wants nexium? Hook us up with some of them good drugs 
I am silly tonight!
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polly
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| Posted: Wed Jun 04, 2008 12:55 pm Subject: National Payday Advance |
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Does anyone have any more info on these guys. Any info would be very helpful. Thanks.
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Madman Leigh
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