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Guest121073 · Posted: Mon Apr 03, 2006 12:44 pm Subject: Payday Loan - $200 turned up to $1600

Hello to everyone! This is my first time here and I am so looking forward to getting some good answers. From what I have read I really like the repsonses. My situation is about the same as all of you. I took out a payday back in November of 2005. The loan was for $200. This loan has turned into a $1600 loan. It was never my intention not to pay it back, but things do happen. Anyways, the payday loan company has transferred the account over to a collection agency in Dallas (I am in Texas by the way), and this collection agency has told me that I am going to be served with papers for passing a bad check, and that they would be presenting my case to Bell County at 3:30 that day, that the only way that I could stop all of this was by giving him my bank information and allowing them to debit $400 a month from my bank account, and if I did not agree to this that I would be going to jail for a bad check. Well, he scared me...I'm not even going to lie. So I gave him my bank info, but when I finished talking to him I contacted Bell County and was told that they could present it all they wanted but it would not be accepted because it was a post dated check and not to worry, and on top of that since it was done over the internet, I did not give them a check, only my bank info but no check was written or given just an application. After talking to them, I contacted the agency back and told them that I was cancelling my agreement and that they were not authorized to go into my account. That was in the middle of March, and on April 1 they contacted me again and told me that I would be served in the next couple days unless I gave them the bank info and made an agreement with them. I told them that I could not pay, and that I was not giving my bank info. He asked for a fax number so that he could fax me a letter, I gave him the fax number, and what he faxed me with a debit Authorization Form for my bank info. I called the Attorney General here in Texas, was told not to send the form back. The guy called me back and questioned why I did not fax the form back, I told him that I needed a letter in writing from them telling me about the debt I owed, he told me that the original creditor them have sent several letters to my address of 10 YEARS and that it's my prolem if I did not receive any of the 8 letters! I told him to resend the letter certified and he refused stating they did not have to send me anything. He told me that I had 15 minutes to fax the auth form back, or I was going to jail, and he disconnected the call. So, my 3 questions are this....is what this agency doing right? How do I get them from calling me at work? they have been told several times and yet continue to do it? and last but not least..where can I find a Cease and desist letter so that I can send it to them? To everyone that can assist me..Thank you Smile

Posted: Mon Apr 03, 2006 2:13 pm Subject:

report the agency to your state AG they are violating federal and likely state law. th next time they call tell them so, and that you intend to take legal action to insure that they are punished for their actions. Then find an attorney try naca.net and search for one in texas, call them talk to them and if they think you have a case, sue the pants off em. make sure from now on that you docuemnt each an devery time they call in a notebook maje suer you note date time and note what was said.

Posted: Mon Apr 03, 2006 3:44 pm Subject:

Right on JJ, file those complaints. You can also check out consumerlaw.org for the payday loan laws in your state. It is a pdf file so it will take a little bit to loan but it's worth it. Also, check to see if there is a prohibited acts section. I am filing complaints with the remaining lenders that I have now and I can sue them under deceptive practices exception or statute in my state's laws. I'm including this will all my complaints because I have an attorney who is willing to work with me now Smile

Posted: Mon Apr 03, 2006 4:24 pm Subject:

Get a cease and desist letter here in the Sample Letter e-book.

http://www.debtconsolidationcare.com/books/

However, cease and desist letter is meant for the debt collectors, original creditor might ignore it. But there is no harm in sending it out.

Posted: Tue Apr 04, 2006 1:42 am Subject:

You got my attention with "Dallas." Are you sure it is not Arlington? Let me know.

Posted: Tue Apr 04, 2006 1:44 am Subject:

Oh, by the way...you cannot be criminally prosecuted for a post dated check in Texas. Let them know that you are recording their phone calls, and that you are reporting them to the AG for making false statements.

Guest121073 · Posted: Tue Apr 04, 2006 6:34 am Subject:

Thank you all so much for your responses. He called me again first thing this morning at my job. He told me that my account had been turned over for legal proceedings and that this was his last call (again). I told him that this was the last time that I was going to tell him not to call my job, and he cut me off and told me that it is his job and that all calls are being recorded. I told him that he was violating the law and that I know my rights, and that I was also recording the call. He then disconnected and called my cell phone. Of course I did not answer, but he left a message stating that this was the last time (AGAIN) that he would be contacting me (he even commented..thank GOD on the message)and that I had until the end of the day to call him back and resolve this. I am so tired of losing sleep over this and being scared to go to work because everytime the phone rings I know that it is a harassment call. Good thing that my co-workers know and they back me up 100%, but still it is very embarassing. I did start keeping a log of my conversations with him. I'm not going to lie to you though, I am really scared of the legal side of it...but I really don't have the money. Thank you all so much for your time!

Guest121073 · Posted: Tue Apr 04, 2006 6:43 am Subject:

Hey Beatlemyn02! Thank you so much for your input. The agency is in Richardson, TX...which I am assuming is somewhere in the Dallas area. So you used to be a bill collector huh...well anything that you can assist me with, I would be most greatful. If you don't mind me asking, why do they have to be so rude and nasty with people?

Guest121073 · Posted: Tue Apr 04, 2006 6:49 am Subject:

hey beatlemyn02 I am new to this, so what do you mean by PM you? Personal message??

Posted: Tue Apr 04, 2006 12:34 pm Subject:

yes, personal message!

They are rude because they are trained to be bullies. They try to be as intimidating as possible. You see hoe quick he hung up the phone when you told him YOU were recording?? They hate it. Yes, Richardson is a suburb of Dallas.
By the way, they have to stop calling your cell phone as well if you tell them to, because in a way, they are charging you money (in your cell phone minutes.)

Posted: Tue Apr 04, 2006 1:05 pm Subject:

Guest, you cannot receive PM until you are not logged in to the forum. Consider joining this board. Sign up is free here.

BTW, I agree with beatle, post dated checks are not bad checks.

Guest121073 · Posted: Tue Apr 04, 2006 2:07 pm Subject:

Curlycarl...How do I sign up?

Posted: Tue Apr 04, 2006 3:35 pm Subject:

There is Free Signup option in the left panel of this page. Just click on it and fill out the form. You should hit the Community Signup button if you wish to join forum only.

Posted: Tue Apr 04, 2006 3:42 pm Subject:

If they are threatening criminal proceedings, I would report them as soon as possible. If it's against the law in Texas, the consumer protection office needs to know this and they should be able to help you. Smile

Posted: Wed Apr 05, 2006 6:40 am Subject:

Ok, I am signed up now.

Posted: Wed Apr 05, 2006 6:41 am Subject:

This is guest121073, I am now signed up to the forum.

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