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 Posted: Thu Aug 02, 2007 1:30 pm Subject: does anyone know if you get internet pdl,
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does anyone know if you get internet pdl, do you go by what state you are in or the state that they are in. I've been trying to find stuff on the internet to see cause i got 6 more emails from westbury today.
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tlemley
Joined: 18 Jun 2007
Posts: 29
Debtcc Points: 1055
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Posted: Thu Aug 02, 2007 1:33 pm Subject: law
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First of all, what pdl is it? We can check to see if they're even licensed at all! You will go by your state law. They will insist their state law, but blah, blah to them. Who is the pdl? They may not even be licensed in your state/their state/any state!
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cannr
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Joined: 07 Jun 2007
Posts: 9376
Debtcc Points: 124824
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Posted: Thu Aug 02, 2007 1:40 pm Subject:
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It also depends on what state you are in. Most states have laws that state that if a business transacts with a consumer in their state, the laws of the consumers state would apply.
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goudah2424
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Joined: 31 Oct 2006
Posts: 7984
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Posted: Thu Aug 02, 2007 1:44 pm Subject:
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it was the loan shop & now since i quit paying they turned it over to westbury ventures. i keep emailing them to give me a copy of my contract & all they keep emailing me back is that i'm delinquint
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tlemley
Joined: 18 Jun 2007
Posts: 29
Debtcc Points: 1055
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Posted: Thu Aug 02, 2007 1:59 pm Subject:
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Tlemley, this company is nasty. What state are you in again? Alabama?
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Sassnlucy
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Joined: 12 Mar 2007
Posts: 2606
Debtcc Points: 28227
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Posted: Thu Aug 02, 2007 2:03 pm Subject:
Latest Blog Post : http://frogpatch.yesdebtfree.org |
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Do not communicate with them by any other means other than sending them a debt validation letter by certfied return receipt mail. Here is a copy of the one that I use as a model against these people.
| Quote: | Your name and address
Their name and address
Attn Mr Bottom Feeder
Re Acct # XXXXX
Dear Mr. Feeder.
I received a call (or letter) stating that I owe your company $XXX on the above account
Please be advised that this is the first communication that I have had with your company regarding this matter by phone, mail or otherwise.
Please be advised that pursuant to the Fair Debt Collections Act, 15 USC 1692G Section 809 that this debt is disputed and validation of this claim is required. To validate this claim I require the following:
>What the original debt is for
>The amount of the original debt.
>How you arrived at the amount you say I owe
>The interest charges applied to the original debt.
>All payments received regarding this debt with the original creditor including the date and amount of each payment., This requirement was established by the case Fields vs. Wilber Law firm, Donald L. Wilber and Kenneth Wilber USCA-02-C-0072, 7th Circuit Court, Sept. 2004
>Any penalties associated with the original debt and the reason or reasons for those charges.
>Proof that any interest charged does not exceed that allowed by law in the State of xxx
>Provide me with any papers that say I agreed to pay what you say I owe.
>Proof that the collection agency owns the debt or has been assigned the debt.
>Proof that you are licensed to collect in the State of xxx
>Proof that your client is licensed to operate a payday loan business in the State of xxx. (If applicable)
>Proof that your company is legally permitted by the original lender to collect that debt.
Furthermore at this time I am advising you that I am not to be contacted by your firm or any of its affiliates, subsidiaries or clients by any other means other than the United States Postal Service. Also you are not permitted to contact my employer, friends, acquaintances or family regarding this matter. Also any agreement of ACH withdrawals from my account and any agreement of wage assignment are hereby revoked.
If your office can and does provide all the information that I have requested I will require a minimum of thirty days from the receipt of that information to investigate its validity and to retain counsel if necessary. During this thirty day period all forms of collection must cease. |
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frogpatch
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Joined: 09 Apr 2007
Posts: 3573
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Posted: Thu Aug 02, 2007 2:45 pm Subject:
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That letter would only apply to Third Party Collectors. If this is still the original creditor they would not be bound by the FDCRA . . . . So you may want to take that part of the letter out if you are sending it to the original company.
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goudah2424
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Joined: 31 Oct 2006
Posts: 7984
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Posted: Thu Aug 02, 2007 8:12 pm Subject: loan shop
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Sass, isn't the loan shop one of the illegal pdl's?
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cannr
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Joined: 07 Jun 2007
Posts: 9376
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Posted: Thu Aug 02, 2007 8:17 pm Subject:
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Tlemley, Did you send a PDL letter to them before you defaulted?
I had a loan with them and couldn't find anywhere that they were licensed but I can't confirm they aren't licensed in timbuktu, in which case, you would have to follow the laws there, LOL!!! 
I was actually fortunate enough to get a PIF from them.
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bflow30
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bflow30
Joined: 15 Jun 2007
Posts: 521
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Posted: Thu Aug 02, 2007 8:20 pm Subject: bflow
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You got a PIF from The Loan Shop? Good for you! I'm sure any other member having a nightmare with The Loan Shop will be glad to read that! 
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cannr
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Posted: Thu Aug 02, 2007 8:29 pm Subject:
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I did! They were actually one of the ones that happened pretty quickly for me. Not sure why, I hadn't overpaid any more than most people, probably a little less, but...they PIF'd me anyway!
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bflow30
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bflow30
Joined: 15 Jun 2007
Posts: 521
Debtcc Points: 8270
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Posted: Thu Aug 02, 2007 8:32 pm Subject: tlemley
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Maybe tlemley will read this post and see you got a PIF. There's hope! Maybe you have contact info? Or did you not need any? Just sent in your overpayment/refund letter and got it?
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cannr
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Posted: Thu Aug 02, 2007 8:39 pm Subject:
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I paid 565 on a 200 loan. I faxed one letter on 6/19 and received a PIF oin 6/20.
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bflow30
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bflow30
Joined: 15 Jun 2007
Posts: 521
Debtcc Points: 8270
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Posted: Thu Aug 02, 2007 8:52 pm Subject: bflow
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Any refund? 
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cannr
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Posted: Fri Aug 03, 2007 5:22 am Subject:
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Of course not..I have not gotten one refund from any one of my PDL's...It stinks! But at least I am rid of them. So, I guess for me,that's enough peace of mind...although, money would be great!! 
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bflow30
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bflow30
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