Help!! Ace Cash Express threating lawsuit

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Shae
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Sub: #65
Replied on 09-17-2010, 06:34 AM
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I mean really, people really believe these places can throw you in jail? Every state I've seen has laws against that.. calm down people. I had Ace threaten to call my job, I told them they could call jesus if it makes them feel better but I still can't pay right now. They can only call your job to locate you, they cannot share any of your information or that you owe a debt. They wouldn't even talk to my husband about my account due to "privacy" issues. So they are full of it, I record their calls and make sure I answer them once a day just so they cannot say they had a need to "locate" me by calling anyone else. So that if they do I will keep notes and sue them for harassment. I formally declined their arbitration crap, so I still have the right to sue them thankfully.

Oct1234
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Sub: #66
Replied on 10-22-2010, 06:04 AM
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Hi I am from Wisconsin and I took out a loan from ACE Cash Express. Titan is an arbitration company and they are threatening me with 2 civil suites breach of contract and check fraud. Can they do this? They wont even work any payment plans out with me.

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Sub: #67
Replied on 10-22-2010, 01:51 PM
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Quote:
Originally Posted by Anonymous View Post
Hi I am from Wisconsin and I took out a loan from ACE Cash Express. Titan is an arbitration company and they are threatening me with 2 civil suites breach of contract and check fraud. Can they do this? They wont even work any payment plans out with me.

By law they can not take criminal action against you for a debt. Those threats are illegal and they can be fined for using that. see below.

FDCPA-§ 807. False or misleading representations
A debt collector may not use any false, deceptive, or mis-
leading representation or means in connection with the col-
lection of any debt. Without limiting the general application
of the foregoing, the following conduct is a violation of this
section:

(1) The false representation or implication that the debt
collector is vouched for, bonded by, or affiliated with
the United States or any State, including the use of any
badge, uniform, or facsimile thereof.

(2) The false representation of—
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may
be lawfully received by any debt collector for the
collection of a debt.

(3) The false representation or implication that any indi-
vidual is an attorney or that any communication is from
an attorney.

(4) The representation or implication that nonpayment of
any debt will result in the arrest or imprisonment of
any person or the seizure, garnishment, attachment,
or sale of any property or wages of any person unless
such action is lawful and the debt collector or creditor
intends to take such action.

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Sub: #68
Replied on 10-31-2010, 07:48 PM
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Quote:
Originally Posted by Anonymous View Post
Getting phone calls on a daily basis about 30 minutes apart. They called the HR department at the company I work for. They also told me they were going to have me arrested for the NSF check they have of mine. I live in Kansas. anyone else from this area having that problem??
I live in Kansas and have PDL's.
They cant have you arrested in Kansas for NSF PDL check as far as i know.
If you read the check you write them after you pay them and get it back.
You will notice they stamp dont not press criminal charges for NSF or..
Something,I dont know the exact verbage.
Maybe someone will back me up on this but it sounds like they are..
Trying to scare you.

xloan giver
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Sub: #69
Replied on 12-02-2010, 10:18 PM
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always READ the fine print. If you send a money order and they except it then the law suites can be reversed due to the fact they have started to except money fro you.

chelsea0872@gmail.com
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Sub: #70 Ace
Replied on 12-16-2010, 08:09 AM
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I paid my loan over 2 years ago and today I got a call saying they were seeking a warrant unless I paid another $466 for the fees. My license would be revoked so I called the ACE corporate to plead my case. First of all I am unemployed now going back to school and have really no income. Single mom taken care of a very sick mother so Im not even allowed to work.

I was told if I can prove the original loan was paid in full they will drop the case. Good luck almost 2 years ago and 5 bank accounts later...




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Sub: #71
Replied on 12-16-2010, 08:20 AM
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Quote:
I paid my loan over 2 years ago and today I got a call saying they were seeking a warrant unless I paid another $466 for the fees. My license would be revoked so I called the ACE corporate to plead my case. First of all I am unemployed now going back to school and have really no income. Single mom taken care of a very sick mother so Im not even allowed to work.

I was told if I can prove the original loan was paid in full they will drop the case. Good luck almost 2 years ago and 5 bank accounts later..
You can't be arrested for owing a debt, it's a civil matter not a criminal one. These people need to be reported for making false threats against you, please file a complaint against them with your state attorney general and the FTC, it can be done online.


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Sub: #72
Replied on 01-11-2011, 07:02 PM
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The Fair debt collection practice forbids them from telling an employer about any debt. They cannot release any info to your employer or third party. It is against the FDCPA regulations. I work as a collector for a major bank and they threatened me to so I told them to do it and that was it. There are many lawsuits against these people just Google it and if you have any question Google the fair debt collections practice. I am filling a lawsuit against them!




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Sub: #73
Replied on 01-11-2011, 07:04 PM
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Quote:
The Fair debt collection practice forbids them from telling an employer about any debt. They cannot release any info to your employer or third party. It is against the FDCPA regulations. I work as a collector for a major bank and they threatened me to so I told them to do it and that was it. There are many lawsuits against these people just Google it and if you have any question Google the fair debt collections practice. I am filling a lawsuit against them!
You don't know your laws very well! The FDCPA only applies to 3rd party collectors and NOT the original lender.


melody314
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Sub: #74
Replied on 02-04-2011, 05:10 AM
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i am from texas and i had a payday loan for 300 total payback is 390. i cant afford to make payments any more i owe now 420. i am scared i will be sued please help. what do i. i have recieved calls from all sorts of numbers i don answer cause i know they will threaten me




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Sub: #75
Replied on 02-04-2011, 08:19 AM
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What is the name of the payday lender? Have you checked to see if they are licensed to lend in your state or if they are registered as a CSO?


Sub: #76
Replied on 02-05-2011, 08:20 AM
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At $30 per $100, the odds are that they are not legal anywhere!

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Sub: #77
Replied on 03-04-2011, 09:07 AM
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Do not be shaken. They do that so you will hurry up and pay them. I do not know Illinois laws, but in LA they have to accept $50.00 per pay period until the loan is paid off and they cannot add more fees to it. Do not let them have access to your bank account at any time. Pay by credit card or money order. I am clearing up some myself and they threatened me as well, but I did not let them win.

sue2011
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Sub: #78
Replied on 05-16-2011, 11:12 AM
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i have a payday loan thuogh these people made one payment of 50.00 set up another payment of 50 today it didnt go through my bank i told her i can take the payment to the store and pay it she said never mind were gonna do the next step what ever that is. told me if i wanted to make the 50 payment to go ahead but she wouldnt if she was me cuz shes going threww with the next step these people dont even want to work with you, the next thing i now they called my work what can i do im freaking out all i owe them is 309

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Sub: #79 Clearing up some confusion; hope this helps.
Replied on 11-15-2011, 12:44 PM
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Unfortunately the post (being rude and harsh) was accurate on the FDCPA only applying to 3rd party collectors. However, if the company calling you does not refer to themselves as ACE then they are most likely a 3rd party collector.
Here is a site to clear up that confusion: http://www.bargaineering.com/article...ollectors.html

Now, for having you arrested, this is FALSE. However, check your state to make sure they can't press criminal charges (you can do so at this link http://paydayloaninfo.org/state-information I have looked and a majority of States do not allow criminal charges to be filed.
Other than that, record or document any conversation. I have worked in debt collection and got out b/c of how they were instructing me to treat people even when I was getting their debts paid and taken care of (they were trying to make me be more aggressive and mean).

Even though the FDCPA doesn't apply to 1st party they still try to abide by it; most times. Since harassment is prohibited regardless. If this is happening, contact your local police, the FCC, FTC, and the Attorney General for your state.
Even though you did take out the loan, you still have rights, and we all make mistakes. No one should be made to feel bad about their debt; that doesn't help or resolve ANYTHING. But do talk to them, if they do get unruly, threatening, and making false statements; keep your cool and document everything they are telling you (even the false "scare" tactics). You can ask to speak with a supervisor, demand it in fact. If they fail to comply, then (again) document it, and ask again when they call again. Do not let them run you over. They collectors are paid a commission for resolving your debt and having you pay that day; this is why they are so pushy. The higher the debt, the more commission they make. (at least that is how it worked at my collection company, and found out most do it that way)

**Also, you can speak with a lawyer without having to pay, getting legal advice is free, just call and check around. They will only charge you to take the case. If you get scared, call one up and get some advice on your rights.


Last edited by Carmenbine; 11-15-2011 at 12:51 PM. Reason: typo
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Sub: #80 more info
Replied on 11-15-2011, 12:47 PM
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here are the links to FTC and the FCC websites:
FTC: http://ftc.gov
FCC: http://fcc.gov


And here is a copy of the FDCPA in case anyone needs a look at it : http://www.ftc.gov/bcp/edu/pubs/cons...edit/cre27.pdf


Last edited by Carmenbine; 11-15-2011 at 12:59 PM.



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