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 Posted: Tue Dec 11, 2007 2:33 pm
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Hey Everyone!
I've been very quiet for awhile because I stopped receiving calls from these crooks. Today, I got a email from my HR Department stating that someone called her and left a message to call this number. I believe it is for Payday Cashlink (landmark express) and I have sent them numerous letters and emails that they are not allowed to call my work. I do owe them money, but I have been working slowly and surely to get all my other stuff paid before I even send them any money! It has taken me this long to get caught up on everything! Since they have violated my demand to not call my work, what do I do??
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Bublefan1
Joined: 10 May 2007
Posts: 188
Debtcc Points: 2950
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Posted: Tue Dec 11, 2007 3:15 pm
Latest Blog Post : http://frogpatch.yesdebtfree.org |
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Have you filed complaints against them with the FTC and the Attorney General and the FLDFS. I know I talked with you about this but I do not remember. Is your HR reasonable and aware that wage assignments are illegal in Florida? They really do not have any recourse if your HR is on your side, Another poster a while back had her check handed over because her HR person was an idiot and would not believe the law even though she was handed a copy of it. Do not let that happen to you. PM me if you want. I am still here. I will be back tomorrow AM to reply!
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frogpatch
Moderator
Joined: 09 Apr 2007
Posts: 3474
Debtcc Points: 30332
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frogpatch
Moderator
Joined: 09 Apr 2007
Posts: 3474
Debtcc Points: 30332
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Posted: Wed Dec 12, 2007 12:04 pm
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Yes I have filed complaints against them. I will ask my HR, but she is a pretty smart cookie and I am sure she knows about the wage assignments.
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Bublefan1
Joined: 10 May 2007
Posts: 188
Debtcc Points: 2950
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Posted: Wed Dec 12, 2007 6:43 pm
Latest Blog Post : CHEXVICTIMS |
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Did you send them a certified letter demanding that they do not contact you?
_________________
mca
for those of you that have asked..my site is at www.chexsystemsvictims.com
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mca
Moderator
Joined: 07 Nov 2007
Posts: 360
Debtcc Points: 8303
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Posted: Wed Dec 12, 2007 6:53 pm
Latest Blog Post : CHEXVICTIMS |
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Sample Letter to Stop Debt Collection Calls
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Your Name
Your Address
Collector's Name
Collector's Address
Mr./Ms. Collector,
I am writing in response to your constant phone calls!
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location.
In accordance with the federal FDCPA, now that you have received this "stop calling" letter, you may only contact me to inform me that you: are terminating further collection efforts; invoking specified remedies which are ordinarily invoked by you or your company; or intend to invoke a specified remedy.
Be advised that I am well aware of my rights. For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.
Signature
Your Printed Name |
_________________
mca
for those of you that have asked..my site is at www.chexsystemsvictims.com
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mca
Moderator
Joined: 07 Nov 2007
Posts: 360
Debtcc Points: 8303
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Posted: Wed Dec 12, 2007 7:11 pm
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MCA, can she use that if Pay Day Cashlink is the original creditor?
_________________
In life it doesn't matter
how hard you hit, it matters
how hard you get hit
and keep moving forward.
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RoxyNY
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Joined: 03 Aug 2007
Posts: 3911
Debtcc Points: 11803
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Posted: Thu Dec 13, 2007 8:51 am
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Good question Roxy...original creditors do not have to comply with FDCPA guidelines.
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volleyballmom
Debt Samaritan
Joined: 27 Aug 2007
Posts: 4178
Debtcc Points: 24889
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Posted: Thu Dec 13, 2007 10:21 am
Latest Blog Post : Yardwork...Season 2 |
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You can still send it. If this is an internet PDL chances are they're not that smart anyway. lol Send it anyway.
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Jessi
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Joined: 01 Dec 2005
Posts: 3466
Debtcc Points: 20206
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Posted: Thu Dec 13, 2007 10:57 am
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I dont think anyone says not to send the letter...but the question still remains...does the FDCPA apply in this case?
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volleyballmom
Debt Samaritan
Joined: 27 Aug 2007
Posts: 4178
Debtcc Points: 24889
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Posted: Thu Dec 13, 2007 11:14 am
Latest Blog Post : Yardwork...Season 2 |
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No it does not, but most companies abide by it anyways.
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Jessi
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Joined: 01 Dec 2005
Posts: 3466
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Posted: Thu Dec 13, 2007 5:18 pm
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Might as well send the letter. At best, it works. At worst, all she's out is postage and a little time.
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unclewulf
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Joined: 27 Nov 2007
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