My mother took out a bunch of payday loans (i wish she had called me i would have lent her money) and i informed her that they are illegal in our state (NJ) and that she only owes the principal balance on moral grounds (i am a federal LEO). I called the loans for her and worked out arrangements but one loan was sold to a collections agency called "NCA". They agreed to settle the 300 dollar loan for 300 in 3 payments of 100 dollars each wednesday (when she is paid) but they took out 300 on TUESDAY and threw her bank account into the negative and now she is hit with 6 O/D fees. I'm considering telling her to dispute it with the bank and have them do an ACH stop and then collect the O/D fees back, then send a cease and desist to the collector as, in my legal opinion, she owes absolutely nothing under these contracts. is this the right thing to do or should i be having them set up a repayment plan alternatively? i don't think she should trust them and in my view she should forget about it and send them a cease and desist to get them to shut up. but again, i don't know if that would be the right hing to do. please advise. thanks! charlie
Debt Samaritan
Posts: 16655
Credits: 297112.40101251 Send message to SOAPLADY
Dispute the charge as unauthorized and then cease and desist the CA in writing. She can pay it back on her own schedule...the loan contract is void and the CA is collecting on dirty paper.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
Ok so I send them a cease and decist then in that letter should I include like an emait to reach us at to set up payment arrangements??? Or should we just mail money orders? What do you think in your expert opinion?? Also can you show me a sample cease and desist
Thanks so much m'am I really appreciate it
Debt Samaritan
Posts: 16655
Credits: 297112.40101251 Send message to SOAPLADY
Dear NCA
I hereby demand you cease and desist ALL contact with me and all of my family/friends in regards to account #________________, original creditor ________________.
You have already violated the FDCPA by sending thru an ACH draft for $300 when only a $100 debit was authorized. That draft is being returned by my bank.
I live in the State of New Jersey and pay day loans are prohibited in my state. Thus you are collecting on an invalid debt. I will pay back the principal balance by money orders at MY CONVIENIENCE.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
Hello I sent them the letter but not certified mail it already left in today's mail is it ok that it was not certified
Debt Samaritan
Posts: 16655
Credits: 297112.40101251 Send message to SOAPLADY
It should ALWAYS be certified...that was you have proof you sent it.
Is this them?? http://nca-collect.com/
If so, go to the contact page and send them an email....make a copy of it for your records once sent.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
http://www.ncaks.com/index.shtml
this is who it is. I should send them an email stating what exactly? that I sent them a letter?
Debt Samaritan
Posts: 16655
Credits: 297112.40101251 Send message to SOAPLADY
Go thru the contact page and send a copy of the same letter you mailed. Print it before you send it.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
Ok i sent it for her and let my mother know. someone calleed her today saying he was sending "Detective Lt. Jimmy Patterson" over with a warrant for her arrest if she didn't pay 678.99 to someone. I don't know who it is but i traced the number from work and then called the FBI field office that serves the area of the phone call (it came up as somewhere in Islip New York and the caller ID was "US GOVERNMENT") with the info and they said they are going to look into it.. not sure what they will do but at least the number will stop calling my mother. i told her if anyone and i mean anyone calls her saying something like that again to let me know. sometimes i wish i could just bust down these peoples' doors and throw cuffs on them myself but unfortunately i don't work in communications :(
thanks again for all your help. i will keep you apprised, soaplady.
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