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 Posted: Thu May 08, 2008 10:38 am
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Payday Loan Yes called me at work today, told our receptionist why she wanted to talk to me. She said it was about a loan that "we" took out. Then she thought she called me cell phone. Anyhow, she left me a voicemail (at work) tellng me that she was calling from the litigation department and my file was going to be "turned over". She never said to who. I sent them a cease letter on April 23, as a matter of fact, faxed it to their company. I never heard from them until today. Legally, are they allowed to still call me? Especially at work giving out personal information?
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Bayley5
Joined: 22 Feb 2008
Posts: 104
Debtcc Points: 1972
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Posted: Thu May 08, 2008 10:47 am
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no they cannot,in fact they disclosed that
information is a FDCPA violation,much less
the fact that they continue to call at all.
once they receive that letter they have to
stop all collection action until they validate.
if nothing else they should not call you at
work.this is a complete bottm feeder pdl.
i would file AG comlaints ASAP.
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paulmergel
Debt Samaritan
Joined: 24 Jun 2007
Posts: 1742
Debtcc Points: 7397
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Posted: Thu May 08, 2008 11:06 am
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I already sent a letter about them to the AG. The AG sent me a follow up letter telling me that they are investigating them. I just faxed PDLY another letter, with my original letter attached as well as the fax transmittal from last time that it went through okay. Right now I am working with one company at a time to pay them off. That's all I can do.
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Bayley5
Joined: 22 Feb 2008
Posts: 104
Debtcc Points: 1972
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Posted: Thu May 08, 2008 11:10 am
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Unfortunately PDL Yes is the originator of the loan and they often do not follow the cease and desist part of any letter sent. And since they are the origionator of the loan, they are not obligated to follow the FDCPA. They are just trying to scare you into paying them. They should not be giving out your personal information however, they are an illegal / unlicensed company lending money at extremely high rates of interest, they have not abided by the law thus far, I guess they are not going to start now. Please do as Paul says and file with your state regulating agency. If they call, let the calls go to voicemail and reply via fax or email. Try to keep all communication written so you have documentation, also keep a log of calls so you can list each and every time they call on your complaints.
_________________
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
Moderator
Joined: 03 Aug 2007
Posts: 3904
Debtcc Points: 11761
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Posted: Thu May 08, 2008 11:13 am
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i would look into taking action against them.this not about you owing or not,this is about them ignoring a C&D letter.i see at least 2 FDCPA violations,one disclosing information to a outside party,two continuing to call after getting your C&D letter.you could seek 1,000.00 per violation.
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paulmergel
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Joined: 24 Jun 2007
Posts: 1742
Debtcc Points: 7397
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Posted: Thu May 08, 2008 11:33 am
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Hey guys, not trying to step on any toes here but, original creditors are exempt from following FDCPA. PDL Yes is the original creditor in this situation. I also believe even if you are sent to in house collections, they are exempt as well. FDCPA is for third party collections.
http://www.debtconsolidationcare.com/settlement/about22720.html
_________________
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: 3904
Debtcc Points: 11761
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Posted: Thu May 08, 2008 11:35 am
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So, there is nothing I can do to protect myself?
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Bayley5
Joined: 22 Feb 2008
Posts: 104
Debtcc Points: 1972
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Posted: Thu May 08, 2008 11:37 am
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you are correct roxy,but if requested a creditor must obey a do not call work demand.
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paulmergel
Debt Samaritan
Joined: 24 Jun 2007
Posts: 1742
Debtcc Points: 7397
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Posted: Thu May 08, 2008 11:38 am
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BAyley, Cajunbulldog is really good with this stuff so I went to him...he sent me this information and also said that your state may have it's own laws in refrence to these issues...
| Quote: | There is also a U.S. federal law regarding telephone harassment if the lender is not in the same state as you.
Prev | Next
TITLE 47 > CHAPTER 5 > SUBCHAPTER II > Part I > § 223
§ 223. Obscene or harassing telephone calls in the District of
Columbia or in interstate or foreign communication
This is the code for the federal law.Here is the url to read up on it.
http://www4.law.cornell.edu/uscode/
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I did not get a chance to check out the law but wanted to post it before I got called away (I am at work). This hopefully can help you. I was also googling about the company giving out your personal info. I know everytime the credit card agency sends me a bill, they send me something about privacy so I was trying to find something for you.
_________________
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: 3904
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Posted: Thu May 08, 2008 11:41 am
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Paul I know, but I also knew I read something about the phone call situation on the site so I went to Cajun. He helped me alot when I had CA issues with my pdls. I know there is also something about the personal information but I can not put my fingers on it. I can not for the life of me remember where I read it...those blond(e) moments come at the worst times. 
_________________
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: 3904
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Posted: Thu May 08, 2008 11:45 am
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hey,you will see soon, i too am a blond.i just am maybe thinking too much because i actually had cc companies tell me they don't call peoples work because it can get them in trouble.these pdl's just think they are above the law.
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paulmergel
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Joined: 24 Jun 2007
Posts: 1742
Debtcc Points: 7397
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Posted: Thu May 08, 2008 11:52 am
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I clicked on the link and there was a bunch of stuff that came up, but I didn't know what I was looking for. You guys are always so helpful.
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Bayley5
Joined: 22 Feb 2008
Posts: 104
Debtcc Points: 1972
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Posted: Thu May 08, 2008 12:01 pm
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Bayley, I will try to look at it on my dinner break and see what I can come up with.
They do think they are above the law and that they can do what they want. I am all for a whistle in the ear or a fog horn 
_________________
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: 3904
Debtcc Points: 11761
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Posted: Thu May 08, 2008 12:08 pm
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No problem. Thank you all. You guys are fast to help! I really appreciate it.
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Bayley5
Joined: 22 Feb 2008
Posts: 104
Debtcc Points: 1972
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Posted: Thu May 08, 2008 3:49 pm
Latest Blog Post : http://needhelpwithbills1966.yesdebtfree.org |
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Your account has been turned over to an outside collection agency. You will
need to contact the agency in order to take care of your account. The number
to reach them is 1 800 920 1300. They will be able to assist you with any
questions or concerns that you may have.
Thank You
This is an e-mail I got from our "good friend" Tim Atkins today letting me know that they have turned my account to an collection agency. I called the number and it sound like they were a marketing company. I was just wondering is this a scare tactic or what? I refuse to be scared any more.
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wssu91
Joined: 31 Mar 2008
Posts: 223
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