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I have several cash advance loans outstanding, two of which have been willing to work with me, however payday advance plus will not, they want the full amount and claim they wont accept anything else, today they called me at my job which i have asked several times not to call me here and he said if you dont call me back immediatly we will go ahead and charge you with internet fraud. What is this and can they do this?

Posted: Fri Nov 18, 2005 11:57 am Subject:

Hi Kim

Welcome to the forums.

Do not get scared of these legal charges that they claim can be put on you. Though, they have the right to ask payment from you, but they can't intimidate you.

Do send them a letter with the payment plan that you can afford each month. Along with it send some money in advance. This will put more weight to your letter. They might be unwilling to accept the plan at the very first instance, but they will somehow accept it later.

Keep negotiating with them and don't get tensed with what they say. They won't take any actions against you as long as you are willing to pay the debt. The words that they use are some of the common practices in illegal collections. But you should tackle such problems confidently.

Regards
Roxette

Posted: Wed Nov 28, 2007 1:08 am Subject:

I can't type in Cyrillic on this keyboard, but... MaksDobrinin, pachimu vi ne pishaete pa angliskii yazik? Ponil'? Eyta ochen interiestna. Mozhet biit, vi v' Rossii?

Kim, they are full of it. If anything, they are comitting internet fraud (whatever that is). Send them a partial cease communications letter stating that you'll only deal with them in writing.

Posted: Wed Nov 28, 2007 8:09 am Subject:

Wow Law Student, I didn't know you were fluent in Russian. I know you asked him if he could either speak or understand English (pa angliskii) but my Russian is really rusty.

Posted: Wed Nov 28, 2007 10:08 am Subject:

Lawstudent, did bablefish come close to what Maks said?

Soon 2008; therefore it is necessary to even now think that it is possible to present to close ones themselves! In whom what ideas?

Posted: Wed Nov 28, 2007 10:15 am Subject:

No, it might be a direct translation but in the Russian language (both written and spoken) sentence structure and their meaning is different.

Posted: Wed Nov 28, 2007 10:38 am Subject:

Generally, a debtor consumer has no right to a "payment plan" regarding a consumer debt if there is an "acceleration clause" making the debt immediately due.

A DC may not contact a consumer at work if the consumer has stated either 1) his or her employer does not allow such calls, of 2) it is inconvenient for the consumer to take calls at work. To do otherwiwse violates the FDCPA.

Accusing someone of commiting a crime, e.g., "internet fraud" in connection with the collection of a consumer debt with no basis for doing so is a serious and major violation of the FDCPA. Consult with counsel right away!

Posted: Wed Nov 28, 2007 10:41 am Subject:

Yet if advance plus is the one collecting and they are also the lender then it is not third party collections and would not be susceptible to FDCPA law. I'm sure that another law would probably govern this, I'm just not sure which.

Posted: Wed Nov 28, 2007 10:51 am Subject:

With only a very few exceptions, the FDCPA does not apply to original creditors (or succeeding creditors who took nondefault debt).

There is no federal law that governs OC conduct like the FDCPA governs DC conduct. Some states have mini or similar FDCPA statutes which do apply to the OC. PA is one of them.

breakyboi

Good translation jcemt. But I can't keep the spam on the board. Sorry - Mike

Posted: Wed Jan 02, 2008 1:54 pm Subject:

Direct translation via Babel Fish:

How do you do. 4 - beginning repper. I want to begin to use new elements of breykdansa. Where and as this it is possible to make, how much?

Posted: Wed Jan 02, 2008 1:57 pm Subject:

breykdansa refers to some kind of art, not really sure as Russian cannot be directly translated as it loses meaning.

Well, here goes nothing:

I have to remove this one too. Sorry. Otherwise spammers will think that we allow such posts. - Mike

Posted: Wed Jan 02, 2008 2:13 pm Subject:

I thought it meant break dancing!

Posted: Wed Jan 02, 2008 2:17 pm Subject:

If a PDL is relending money from a different institution does that not make them a third party? I found that warning to the PDLs on the FDIC website that they may be subject to the FDCPA because of there reloaning practices. Also Bud Hibbs has told me that they are subject to the law for some other reason that I am unclear about.