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I have an old payday loan from 2002 that I forgot about and now I am getting numberous calls from Danny George at Westbury Ventures saying I need to call him or his attorneys will be serving me a subpeona in 7 days for a civil trial. He said the payday loan was for $200 back in 12/02 and I need to send $500 by moneygram immediately to avoid further action. Well after me demanding proof multiple times he finally faxing me paperwork where I had a $100 payday loan in 2002. Not $200, not sure where that came from. What should I do? What further action can he take? I am in Northwest, FL. Should I send money by moneygram? Please help me!!!!

Posted: Thu Sep 27, 2007 4:00 pm Subject:

Hi and welcome to the site, you have come to the right place for help. Please relax and someone with information will be by soon, so check back again. Also, please click on the 'free consultation" button that is just to the right of this post, they can help you and point you in the right direction.

thanks,
Luke

Posted: Thu Sep 27, 2007 4:13 pm Subject:

okay...First off they have no idea what they are talking about...SUBPEONAS are served for people to TESTIFY in a court hearing.

Its a scare tactic and they are trying to use big legal sounding words.

They need to VALIDATE the debt...tell you where the $100 laon turned into $200, and now they want $500?

Posted: Thu Sep 27, 2007 6:30 pm Subject:

I am in FL. Not sure what the laws are either. Does anyone know anything about Westbury Ventures? I am scared, what do I do?

Posted: Thu Sep 27, 2007 7:45 pm Subject:

LOL! Volley, you crack me up! I would have never put two and two together, but that is probably what they count on when they use legal jargon in their threats. I'm glad you caught that!

Posted: Thu Sep 27, 2007 8:23 pm Subject:

I swear..I think they just find any fancy words to use. Dummies!

OKay, so they showed you that you borrowed $100....where is the $500 amount coming from?

Tell them where to stick it...

Posted: Thu Sep 27, 2007 8:37 pm Subject: reply

Westbury Ventures
2207 Concord Pike, #505
Wilmington, Delaware 19803

Do NOT send them any money via moneygram. They are insane. Demand debt validation. VALIDATION not VERIFICATION. They will have quite the time trying to validate the debt.

Posted: Thu Sep 27, 2007 8:41 pm Subject:

Hey cannr remember we couldn't figure out who or what VC Funding was....they dba as Westbury Ventures. I actually have an email address for a live person at VC Funding. I didn't think I had saved it, but I found it in my sent items on my yahoo account today. Just a heads up in case anyone ever needs the info.

Posted: Thu Sep 27, 2007 8:44 pm Subject: reply

I think Westbury uses many, many names. Keep that info. handy. I'm sure we're going to need it! Wink

Posted: Thu Sep 27, 2007 11:29 pm Subject:

So I do not need to send any money by moneygram? How do I get them to quit calling my work? Plus they say that the only way I can pay is moneygram and they will not give me a physical address, I asked multiple times. They also told me they didn't have to go by the Fair Debt Collection Practices Act because they aren't a third party. Is that true? Is there an agency I can contact for help? I am sorry I am asking so many questions but he is very rude and pushy and has me scard I am going to jail. Thank you for any help!

Posted: Fri Sep 28, 2007 3:45 am Subject:

This is the letter I got from them.

Posted: Fri Sep 28, 2007 4:23 am Subject: reply

Honey, you are not going to jail. I promise you that. Do not let this man and his email scare you. I can't promise that he won't continue to call. Once they have your phone number, they will try to hound you to death. And try to scare you to death, which is what he is doing. No. Do not moneygram him any money. Obviously their records are all screwed up. He doesn't even know the amount of the loan you borrowed. There's clue number one that "something is up." The second clue is their refusal to give you a physical address. Now, I'm not telling you what to do, but my personal experience (and this is just me) is that if they would not give me a physical address, they did not get any payment. Sorry about their luck. These guys are hiding for a reason, okay? Now, we can send them a letter demanding that you be left alone. Can't promise it'll work, but you'll have something in writing. And, try to get everything in writing from these people. No telephone calls. You need documentation of EVERYTHING. You can file complaints (and do this) with the BBB, the FTC, and your state AG. Remember, try desperately not to take the phone calls. Let them leave messages. Email them and tell them you will only communicate via email. The more documentation you have, the better off you will be. Please post with any questions. Very Happy

Posted: Fri Sep 28, 2007 6:21 am Subject:

1-SO they will report you to CL which will prevent you from getting another cash advance..whooppee!

2-They CANNOT force a method of payment...Was a specific method of payment indicated in the contract you e-signed....NO.

3-SO you know you took out at least a $100 loan...where the heck is the $500 amount coming from?????

DO not send these people a dime until the VALIDATE the debt..not just tell you that you owe it. Please do not be scared and you are not going to jail. SO NOW its seriously delinquent after 5 years??

Do you have a letter you can send them to stop calling you??

Posted: Fri Sep 28, 2007 7:21 am Subject:

Here is some food for thought. The SOL on this "so called debt" has also expired (or is close to expiring) according to this:

Florida Statutes of Limitation

Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.

Libel, slander, or unpaid wages: 2 years.

Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.

The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95

Does this sound correct?

Posted: Fri Sep 28, 2007 8:01 am Subject:

this is the first time they are contacting you in almost 5 years regarding this debt???

Posted: Fri Sep 28, 2007 8:43 am Subject: reply

Nothing like coming out of the woodwork in 2007 for a pdl taken out in 2002. Give me a break. These guys are nut jobs. And harrassing. And threatening. Talk about filing some complaints with the government agencies!

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