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Posted: Mon Dec 04, 2006 8:16 am Subject: Illegal PDL Threats

Just wondering to whom illegal pdl threats would be reported. I know that illegal threats by third-party collectors fall under the fdcpa violations, but I believe that creditors are not subject to the regulations, so how do you deal with them?

A rep from Cashnet 500 left a voicemail for me at work while I was on vacation and stated that a legal motion had been filed against me for non-payment of the pdl. The rep stated that I would receive legal papers, am being charged with bouncing a check across state lines, which is a felony, and am subject to wage garnishment. Once I receive the legal docs, I have 21 days.

Obviously, no checks were written, and it's not a felony, and although I wouldn't be willing to bet money, I am fairly certain that no legal judgements of any kind have been filed, as this loan is illegal in the first place due to the interest rate/finance charges. I have already filed a complaint against this company with the BBB, and they would not respond.

So, what can I do besides reporting this to my AG and the Dept. of Finance? Any other organizations as such that will deal with companies like this making illegal claims and threats?

Posted: Mon Dec 04, 2006 8:25 am Subject:

Are there any free legal aids in your locality that help people in such situations? Some kind of union etc. handles these types of consumer problems and they can help.

Posted: Mon Dec 04, 2006 11:46 am Subject:

I have no idea, will have to look into this. This pdl is enrolled with my Hess Kennedy program, but from what I can tell, Hess Kennedy have not contacted any of my creditors to advise that I'm using their services for debt settlement, so I'm being harrassed.

Posted: Mon Dec 04, 2006 1:18 pm Subject:

SAVE THAT MESSAGE! And find an attorney to represent you immediately. Check the attorney database at naca.net for one in your area. That could be a $20,000 voicemail message you just got.

The only way it seems debt collectors will ever learn that debtors are people is if debtors start enforcing their rights. How much is the loss of your dignity and person-hood worth? I dunno, but I'm guessing a jury would be outraged at this conduct, and assign a penalty in the same range.

The law, of course, only works in terms of dollars. There is no real way the debt collector can compensate you for the fear and mental distress caused by their threats. Just the same, you can hit them where it hurts and hope that it becomes financially unprofitable to make such threats.

Posted: Mon Dec 04, 2006 2:17 pm Subject:

Sam, Tiffany is talking about the creditors. All you are saying is applicable on debt collectors. But the issue here is with the creditor doing unfair practices but unfortunately, they are not under any restrictions mentioned in fdcpa. How to deal with that?

Posted: Mon Dec 04, 2006 2:20 pm Subject:

Save that message and you can use it as evidence later on. I used a msg of that sort in a demand letter I sent to UCL. You can see it on my blog

Posted: Mon Dec 04, 2006 2:35 pm Subject:

Ah, I didn't realize Cashnet was the creditor. You can still sue them for harassment and invasion of privacy, but you don't have the teeth of the fdcpa, and you would be in state court.

Posted: Mon Dec 04, 2006 2:42 pm Subject:

That IS unfortunate and that is what creditors are taking the advantage of. They don't come under any strict federal laws except if someone files a civil case and the creditor is given a formal warning. No damages paid by the creditor and the person's money went into the court costs and attorney fees.

Posted: Mon Dec 11, 2006 3:07 pm Subject:

Well, they are still calling every few days and leaving voicemail messages at work asking me to call. But, all messages since the threatening one are just asking me to call. Obviously, I haven't received any "legal papers" as was mentioned on the message I posted about, because they are full of it.

I have contacted Hess Kennedy about this but have yet to receive a reply. They are supposed to be representing me and contacting my creditors to advise that I am working with them, but it doesn't appear as though they've contacted anyone yet and it's been almost 5 months now.

Posted: Mon Dec 11, 2006 3:11 pm Subject:

Talk to your settlement company and make them aware that your account is already in 5 months default. Besides, you must have put the fees in the new account they asked for. You have to check with the company on how long you have to wait for the negotiations to begin.

Posted: Mon Dec 11, 2006 6:08 pm Subject:

Tiffany,

What state do you live in? I can give you a couple pointers on this one. Feel free to pm me.

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