| Author |
Message |
|
|
 Posted: Mon Aug 27, 2007 1:39 pm Subject: PDL Cash Direct Express GECC and Alliance Assett Management
|
|
|
Please tell me that ARE this dumb....
Some of you may rememeber me being here in the Feb-Apr time frame. You were of great assistance in riding me (or rather my wife) of 17 pay day loans. However, this has just come up and I can't figure if I should be pissed or overjoyed!
GECC DBA Cash Direct Express credited my wife with a 300 dollar loan on 9/27/06. By 2/16/07 she had paid 1000.00 in return. SC law only allows 45 bucks interest and no rollovers...I filed a complaint with the SC Atty General.
They sent the collection to PDL Recovery. I sent PD the certified cease and decist, cited SC law. Several days later I received a letter from GECC (apparently a form letter they use except the last paragraph changes reflecting the individual borrowers circumstances... I have seen several copies posted here) indicating PIF.
About 2 weeks ago someone tried to hit my frozen bank account with a 95 dollar collection. Obviously, as the account was frozen, nothing went through. Then my wife starts getting nasty calls from Alliance Assett Management at work. 5 total as of today. Each time she directed then not to call her at work under fdcpa. They continued to do so. Today I called them back after she gave me permission to speak with them.
They were trying to collect a debt that I already have a PIF letter on.... My response to the collector was ...
Here is the SC Atty General complaint number..
Here is SC Law cite about pay day loans
Here is the name of the person who issued the PIF letter
Talk to your superiors and advise them and GECC that they have violated the FDCPA at least 5 times by recontacting my wife after notice not to do so at work, and also attempting to collect a debt which has already been marked off as PIF. Let your superiors know that I expect them to return to me with an offer of significant substance in order for me not to forward this issue to my attorney. Each of the FDCPA violations incurs a maximum penalty of $10,000.00 per violation and you have committed at least 5 of them.
Certified letter to follow.... 
Larry G
_________________
Register today to encash debtcc points.
|
|
Lrgroel
Guest
Debtcc Points: 100
|
|
|
 |
|
Posted: Mon Aug 27, 2007 1:53 pm Subject: addresses...
|
|
|
If anyone needs addresses for GECC, Cash Direct Express, PD Recovery or Alliance Assett Management I have them...
_________________
Register today to encash debtcc points.
|
|
Lrgroel
Guest
Debtcc Points: 100
|
|
|
|
Posted: Mon Aug 27, 2007 1:57 pm Subject:
Latest Blog Post : http://frogpatch.yesdebtfree.org |
|
|
Send that letter! You will never hear from them again. Do not be suprised if they sell it to another bottom feeder though!
|
|
frogpatch
Moderator
Joined: 09 Apr 2007
Posts: 3714
Debtcc Points: 30909
|
|
|
|
Posted: Mon Aug 27, 2007 3:10 pm Subject:
|
|
|
That was a wonderful response:) Frog is right you wont' hear from them again:)
ladybug
|
|
ladybug
Joined: 29 May 2007
Posts: 2759
Debtcc Points: 24754
|
|
|
|
Posted: Mon Aug 27, 2007 7:15 pm Subject: reply
|
|
|
larry, you are awesome! You go, my friend!
|
|
cannr
Moderator
Joined: 07 Jun 2007
Posts: 9374
Debtcc Points: 124815
|
|
|
|
Posted: Tue Aug 28, 2007 6:49 am Subject: GECC
|
|
|
By chance was it Mike Rosario who called your wife? He is pretty persistent.
|
|
motomom716
Joined: 17 Oct 2006
Posts: 143
Debtcc Points: 2117
|
|
|
|
Posted: Tue Aug 28, 2007 6:59 am Subject: Settlement
|
|
|
So many of them are just trying to get money from people. I have a settlement in works with one PDL and today got an email from the same company offering me a different settlement. I called to see if the new offer was better. Worth a try, but it was not.
|
|
motomom716
Joined: 17 Oct 2006
Posts: 143
Debtcc Points: 2117
|
|
|
|
Posted: Tue Aug 28, 2007 7:46 am Subject: reply
|
|
|
The SAME pdl sent you two different "settlements"? You've got to be kidding. I do believe these pdl's have a huge communication problem! 
|
|
cannr
Moderator
Joined: 07 Jun 2007
Posts: 9374
Debtcc Points: 124815
|
|
|
|
Posted: Tue Aug 28, 2007 12:55 pm Subject: Settlement
|
|
|
Yes before I could get my settlement into the company I was emailed with another offer.
|
|
motomom716
Joined: 17 Oct 2006
Posts: 143
Debtcc Points: 2117
|
|
|
|
|
AnthonyLemons
Debt Samaritan
Joined: 17 Feb 2007
Posts: 1825
Debtcc Points: 18434
|
|
|
|
Posted: Tue Aug 28, 2007 1:01 pm Subject: Not mike Rosario
|
|
|
The name of the collector was Adam Blaha not Mike Rosario
_________________
Register today to encash debtcc points.
|
|
Lrgroel
Guest
Debtcc Points: 100
|
|
|
|
Posted: Thu Aug 30, 2007 3:10 pm Subject: Even after that they sent the collections letter
|
|
|
AAM Collectins letter arrived today... my response certified goes out tomorrow... Alliance Asset Management, Inc
330 Georgetown Square, Ste 104
Wood Dale, Il 60191
Dear Sirs:
I am in receipt of your collection letter, regarding acct# 001065067, dated 8/24/07. Please be advised that this collection action is in dispute.
On 9/27/06 my account was credited by GECC in the amount of $300.00. My account was also debited as follows: 10/13/06 -$90.00, 10/27/06 - $90.00, 11/10/06 - $90.00
11/24/06 - $90.00, 12/8/06 - $90.00. 12/22/06 – $141.00, 1/5/06 – $125.00, 1/19/07 - $119.00, 2/2/07, $95.00 – 2/2/07, and $80.00 on 2/16/07. In case your mathematical skills fail you that totals $1000.00 returned on a $300.00 dollar loan in five months.
On 5 occasions in the previous two weeks I was contacted by your office at my work number. On each of these occasions I directed you not to call me at work. As these calls continued you have violated the Federal Fair Debt Collections Practice Act on at least 5 occasions. I am sure that you are aware that violations of the fdcpa are enforceable in any court of competent jurisdiction for $10,000.00 per violation. On the last of these occasions I directed Adam Blaha, your agent, to speak with my husband regarding this matter. My husband called him back and advised him of the above.
Mr. Blaha also was told at that time that this action was in dispute for several other reasons. GECC is not and has never been licensed in South Carolina to provide Pay Day loans. Additionally, SC law is very explicit in its terms regarding deferred presentment instruments:
S.C. Stat. Ann. 34-39-110 et seq. refers to pay day loans
Loan Terms:
Maximum Loan Amount: $300
Loan Term: Max: 31 days
Maximum Finance Rate and Fees: 15%
Finance Charge for 14-day $100 loan: $15
apr for 14-day $100 loan: 390%
Rollovers Permitted: None allowed
This means that the maximum amount GECC should have collected against this loan was $345.00. As they collected $1000.00 against this loan, meaning they overcharged based upon SC statute by $655.00.
Further, SC statute also deals directly with foreign loans as follows:
SECTION 34-29-220: Foreign loans. “No loan made outside this State in the amount of or of the value of seventy-five hundred dollars or less for which a greater rate of interest, consideration, or charge than is permitted by Section 34-29-140 has been charged, contracted for or received, shall be enforced in this State and every person in any way participating therein in this State shall be subject to the provisions of this chapter”
Mr. Blaha was also advised of a previous recovery attempt regarding this same account by PD Recovery dated March 7, 2007. They were also advised at that time of the applicable SC Statutes and a pending complaint with the SC Consumer Protection Division of the States Attorney General’s Office. That complaint number is 759194812 dated March 12, 2007.
In response to this complaint I received a letter from Tracy Calloway, Customer Relations Supervisor of GECC dated April, 9, 2007. According to that letter the $95.00 address in all of this communication was marked as “Paid in Full.” Although I am not specifically able to cite law on the issue, I am certain there are applicable statutes concerning attempts to collect a debt that is not owed at all! Embezzlement comes to mind!
In closing my husband advised Mr. Blaha to contact his superiors and GECC and decide what substantial offer they might prefer to proffer directly before he involved our attorney regarding this continued and flagrant violation of the FDCPA. Please be advised, I await your proffered offer which I will expect to receive within ten days. Should you choose not to respond to this communication in that time I will forward all records to my attorney for relevant action.
I am further advising you that I am invoking my rights under FCDPA that you cease and desist any and all collection efforts regarding this account. Any further action you or GECC make to attempt collection on this account will result in immediate legal action as permitted by FDCPA.
Sincerely,
_________________
Register today to encash debtcc points.
|
|
lrgroel
Guest
Debtcc Points: 100
|
|
|
|
