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 Posted: Thu Sep 07, 2006 9:12 am Subject: Xpress Cash/Will Schlappi |
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I have once again received another email (see below) from this guy at Xpress Cash and he has repeately avoided my validation letters regarding this debt. I don't show anywhere from previous cank statements that I actually received this loan. He just isn't getting it. What further action can I take and what further action can he take against me. I live in Texas and they can't garnish wages and such. I am just tired of receiving these emails.
| Quote: | HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
WARNING: PLEASE DISREGARD THIS ACTION MEMO IF YOU HAVE SETUP AN ARRANGEMENT OR HAVE PROVIDED FULL PROOF OF YOUR BANKRUPTCY AND OR LIST OF CREDITORS!!!!!
Note: I have responded to you with very detailed information relating to the debt owed. I don’t possess all the necessary payment information to prevent further action. Please respond or more fees will be added and further actions will be taken! Not responding will only make matters worse.
I have sent you this email already and have all the necessary information ready to collect the balance in full. Please contact me ASAP! This is a very serious matter and can’t be held up in this office any longer. Please respond before COB 9/15/06.
Date to respond by: 9/15/06
Reference # 87123-******
Status: Level 5 Delinquent
From: Will Schlappi
Account Manager ECP CD
When we set up the accounts and issued the loan it was with the understanding that payments would be made, but unfortunately at this time we show that there has been nothing that has been paid out from your bank account and you have actively stopped any attempts we've made to retrieve our funds. We have contacted you various times in various ways (e-mail, letters, phone) trying to re-establish contact with you and work this out in good faith. We have been acknowledged only with your silence, false promises, or outright refusal. Please touch base with me before (24) hrs if you want to resolve this so I may make any necessary adjustments. After this date, extensions and missed/late fees will begin to accumulate once more. A very serious review into this matter will begin on 9/15/2006, but you do have until the date shown above before necessary actions are taken against you. Please respond to this email so that I may help in preventing further action and more fees accumulating on this account.
Thanks,
William Schlappi
Legal Department
Reconcile Consultant/Bad Check and Recovery Unit
PD6 Ventures/Express Cash
Phone: 1-800-859-6439 ext 246
Fax: 1-866-323-6555
wschlappi(at)dmsmktg.com |
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SHbear
Joined: 01 Mar 2006
Posts: 65
Debtcc Points: 2719
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| Posted: Thu Sep 07, 2006 9:21 am Subject: |
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File a complaint with your AG's office. I don't know the pdl laws in TX. I live in OH and I've dealt with Xpress Cash/PD6 Ventures, but the AG's office has already contacted them, they told the AG's office that I was a customer in good standing and don't understand why I'd file a complaint. I e-mailed them because they told the AG's office they would contact me to resolve the dispute. They haven't that's why I e-mailed them, no response yet. I'd file a complaint and save your e-mails from them.
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WHEREAMI
Joined: 26 Aug 2006
Posts: 5317
Debtcc Points: 71258
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| Posted: Thu Sep 07, 2006 9:33 am Subject: |
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They should be able to send you something proving you took a loan with them. When I got a loan with them I received my documents in the mail. On my bank statement it read PD6 Ventures Zurich/Loan Shop. Since they love sending you so many emails, they should attach a copy of your loan docs with the exact date the funds were deposited so you can look at your bank statment for the exact date they claim to have made the deposit. You should try calling the individual in the email and tell him as soon as they fax or email or send you something with the date of the deposit and so forth, then you will make payment arrangements. Until then you are going to file a complaint with the Attorney General and forward a copy of all your requests you've written to them as well.
_________________
ILLINOIS LICENSE SEARCH / CONSUMER CREDIT / GUIDE TO PAYDAY LOANS
http://www.idfpr.com/dfi/ccd/ccd_licensees.asp
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http://www.paydayloaninfo.org/state_detail.cfm?id=IL
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PinkLady
Moderator
Joined: 15 Jun 2006
Posts: 1447
Debtcc Points: 20296
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| Posted: Thu Sep 07, 2006 10:39 am Subject: |
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SHbear, I just came to know that Texas law require written agreement and notice to be served when any contract is signed. Get this information confirmed with your state attorney general before you exercise this point legally on the loan company.
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Christina
Joined: 13 Jul 2006
Posts: 443
Debtcc Points: 6429
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| Posted: Thu Sep 07, 2006 12:34 pm Subject: |
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I emaied him back telling him that Texas law requires a written agreement and that I need to see proof of this supposed agreement. Also, I told him that he legally isn't suppose to be emailing me to collect the debt. He told me that they are not a collection agency and none of the fdcpa laws apply to them. He then asked me my intentions and I told him they were that when he provided me with a copy of the contract that he says I signed and proof that the money was actually deposited into my account, that I would discuss further. As I stated before my closed bank account does not show a deposit by his company or any that he has listed.
Any idea what he can do next to me?
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SHbear
Joined: 01 Mar 2006
Posts: 65
Debtcc Points: 2719
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| Posted: Thu Sep 07, 2006 3:38 pm Subject: |
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Wrong!! Xpress Cash is trying to mislead you. A written contract has to be there as per the Texas laws. Creditors, loan companies are also responsible to follow the state laws. Hang on, I am searching the state laws for you about this.
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Christina
Joined: 13 Jul 2006
Posts: 443
Debtcc Points: 6429
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| Posted: Thu Sep 07, 2006 3:42 pm Subject: |
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Christina's right, I called NM's AG office about Cash Supply's statement "you go by NM laws not Ohios" Nm's AG office stated that Cash Supply is WRONG! And Ohio can enforce this as long as there's a complaint. And the part that states "you agree to follow our state laws" won't hold up either she said because they illegally lent money to a consumer in a state they are not licensed to lend in.
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WHEREAMI
Joined: 26 Aug 2006
Posts: 5317
Debtcc Points: 71258
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