Internet's first get-out-of-debt community - 144,000 members

Dibro

can't remember if it's from payday yes or payday loan yes, but I had loans out from both of these companies. In both cases I have paid back far more than I borrowed and also in both cases I sent out cease and desist letters, etc.

Are they allowed to call me at work if I have already sent them notification that they are not to do so? What can I do about this? Should I call them back? My account is closed and my money is safe, but I would like to nip this contact in the bud if I can.

Any suggestions?

NJ troubled · Posted: Mon Aug 11, 2008 3:45 am Subject:

I am about to follow in your footsteps, so I too am interested in any answers you get. Good luck!!

Posted: Mon Aug 11, 2008 4:02 am Subject:

Dibro, did you revoke wage assignments with them? If you have, and gave a copy to your employer then don't worry about it, these are empty threats, there isn't a thing they can do to you legally. Don't even bother calling them back, they will just continue making empty threats in the hopes of scaring you into giving them your new account number, or sending them more money. They can't garnish your wages unless they have a court order, and they need to sue you first before they can get a court order. A wage assignment is voluntary, and you can revoke that at any time. Two entirely different things. Wink

Posted: Mon Aug 11, 2008 4:14 am Subject:

As I understand it, the C&D letters do not apply to the original creditors, as far as calls go. Sadly, they can call you at work and at home.

If the account gets turned over to a collection agency, resend the C&D letter and demand to be contacted via mail only.

Posted: Mon Aug 11, 2008 4:23 am Subject:

Yes jt, it's true that a C&D letter doesn't actually apply to the OC, however, there is no law stating you can't send them one, so I have always advocated doing so for the simple fact that some of these pdl employees seem to be dumber than door knobs anyway, and just may adhere to it. If for some reason a pdl turns an account over to a CA, most of the time it's an in house CA, nevertheless, I would FIRST send them a validation letter BEFORE a cease and desist letter, but the likelihood of a pdl collector (especially one of an illegal company) following the law is next to nil anyway. Payday Yes is operating illegally, so they or any of their affiliates will undoubtedly not follow the law in any case. Confused

Dibro · Posted: Mon Aug 11, 2008 4:36 am Subject:

Yes, I revoked wage assignments, but I havent given it to my employer, I'd really hate to get them involved.

Posted: Mon Aug 11, 2008 4:36 am Subject:

Ah, thank you for clarifying that Shazzers Smile

Just to update, I have only had one call from the 2 companies I'm dealing with since the C&D letters were faxed to the original OC. The one call I did take I asked if the dunning letter was mailed and they claimed it had, but nothing in my mail as of yet.

Posted: Mon Aug 11, 2008 4:41 am Subject:

My wife gave her HR the letter even though they said htey wouldn't do a garnishment without a court order. However, some employers will.

I know its not something you want to discuss with your employer, but you need to keep your money safe.

Recently I confided in a friend about our PDL problems and he told me he had once gotten himself in the same boat. When he defaulted, they did the wage assessment and he had no idea it could be revoked.

Posted: Mon Aug 11, 2008 4:41 am Subject:

Posted: Mon Aug 11, 2008 4:47 am Subject:

who knows? this may not be the first time your employer has recevied the W/A revoke letter and be completely understandbale with it.

Dibro · Posted: Mon Aug 11, 2008 4:50 am Subject:

So do I do this through the HR office? Can I do it by e-mail? ugh!

Posted: Mon Aug 11, 2008 5:09 am Subject:

If it was me I would go in person.

Dibro · Posted: Mon Aug 11, 2008 5:41 am Subject:

I just checked...it's paydayloan yes. They are illegal, right?

Posted: Mon Aug 11, 2008 5:51 am Subject: reply

yes they are illegal.oh another thing,if you tell a creditor even the original creditor they are not to call you at work.they must obey that,so a limited C&D stating that is good to send.