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 Posted: Thu Jun 28, 2007 9:38 am Subject: What to do next? |
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I live in Florida and have 4 pdls
MTE Financial (tendollarpaydayloan) borrowed 300 pd. 360.00
Cashnetusa borrowed 300 pd. 345.00
SJM Marketing borrowed 250 pd 675 (never applied for this one)
Unitedcashloans borrowed 250 pd 425
I recently closed my account and opened a new one and explained the situation to my bank and they are being very helpful in stopping anything that keeps trying to post.
I also sent letters to all four places revoking their ACH debits, I sent one on Tuesday, and then the second one I sent on Wednesday and that one included the Florida laws regarding pdls, but I still have not heard anything back from these companies. I was hoping someone out there could let me know what my next step is. I think that based on what I understood of the Fl. law all my accounts are paid in full and some way overpaid!! Please any suggestions?
Thanks
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pinkdoodles1979
Joined: 27 Jun 2007
Posts: 21
Debtcc Points: 818
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| Posted: Thu Jun 28, 2007 9:59 am Subject: |
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Cash net USA might give you a paid in full. The others are probably going to ignore you letter and start calling you with threats. Just remeber that they can't "have you arrested" or garnish your wages. Make sure you send a letter revoking any wage assignment agreement you may have made. This is voluntary and can be revoked. They cannot garnish in Florida if you claim head of household status. If you search this site by typing their names above you will get lots of info on how you can expect them to behave.
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frogpatch
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Joined: 09 Apr 2007
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| Posted: Thu Jun 28, 2007 12:50 pm Subject: |
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Does anyone one have an email for the Attorney General for Florida and whoever else I can contact to complain?
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pinkdoodles1979
Joined: 27 Jun 2007
Posts: 21
Debtcc Points: 818
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| Posted: Thu Jun 28, 2007 12:52 pm Subject: |
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You can go to http://www.myfloridalegal.com/ and there are links to the complaint forms and stuff. That is the website for the Florida Attorney General's office.
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goudah2424
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| Posted: Thu Jun 28, 2007 1:07 pm Subject: |
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I have had issues with this ARM of Florida. Do I need to file compliants with the AG of Florida then? As I have filed compliants with my state.
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Maybe not completely debt free in '08, but debt managed in '08!!
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debtfreein08
Joined: 01 May 2007
Posts: 214
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| Posted: Thu Jun 28, 2007 1:11 pm Subject: |
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You should file with the Florida Division of Financial Services @ www.fldfs.com They are the regulators for the Payday loan industry. If you are in the Orlando/ Tampa vicinity the managers name is Sam Whited for the Payday loan industry. The CEO is Alex Sink and I have heard that she is very interested in the companies that are not licensed. There was a case won in the Florida Supreme Court a few years back by a woman named Wendy Betts who was tired of all the interest so she sued a bunch of them and won. You can google her name.
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frogpatch
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| Posted: Thu Jun 28, 2007 1:12 pm Subject: |
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But, I am in Wisconsin. Will that work for me?
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Maybe not completely debt free in '08, but debt managed in '08!!
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debtfreein08
Joined: 01 May 2007
Posts: 214
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| Posted: Thu Jun 28, 2007 1:15 pm Subject: |
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Yes, many here are from other states and have filed complaints with Attorney General's in the companie's home state.
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WHEREAMI
Joined: 26 Aug 2006
Posts: 5324
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| Posted: Thu Jun 28, 2007 1:16 pm Subject: |
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Sorry I thought I was replying to the Florida person who started this. Pinkdoodles. I though I would be after Goudahs last post. Thats confusing!
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frogpatch
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| Posted: Thu Jun 28, 2007 1:37 pm Subject: |
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The Florida website is so confusing to send compliants to. Oh my god! I am freaking out! I have paid these people!
_________________
Maybe not completely debt free in '08, but debt managed in '08!!
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debtfreein08
Joined: 01 May 2007
Posts: 214
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| Posted: Thu Jun 28, 2007 1:42 pm Subject: |
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ARM is Accounts Receivable Management. Have you sent them a cease and desist letter and a validation letter? The were collectting for MTE on me. I sent a letter and never heard another word. It has been two months.
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frogpatch
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| Posted: Thu Jun 28, 2007 1:43 pm Subject: |
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Yes, I sent the letter last night.
_________________
Maybe not completely debt free in '08, but debt managed in '08!!
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debtfreein08
Joined: 01 May 2007
Posts: 214
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| Posted: Thu Jun 28, 2007 1:52 pm Subject: |
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Hopefully they will shut up after they get it.
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frogpatch
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| Posted: Thu Jun 28, 2007 1:52 pm Subject: |
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I also went onto the website and found it very confusing, what to do next?
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pinkdoodles1979
Joined: 27 Jun 2007
Posts: 21
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| Posted: Thu Jun 28, 2007 1:54 pm Subject: |
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What cease and desist letter and validation letter are we talking about and how can I get one!!
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pinkdoodles1979
Joined: 27 Jun 2007
Posts: 21
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| Posted: Thu Jun 28, 2007 1:56 pm Subject: |
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pink doodles,
this is what I sent ARM last night:
| Quote: | June 27, 2007
Accounts Recievable Management
9000 Regency Square Blvd
Ground Floor
Suite 1
Jacksonville, FL 32211
To Whom It May Concern:
This letter is being sent to you in response to noticing an entry by your company on my credit reports. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
What do I need you to provide as the debt validation.
� What the money you say I owe is for;
� Explain and show me how you calculated what you say I owe;
� Provide me with copies of any papers that show I agreed to pay what you say I owe;
� Provide a verification or copy of any judgment if applicable;
� Identify the original creditor;
� Prove the Statute of Limitations has not expired on this account
� Show me that you are licensed to collect in my state
� Provide me with your license numbers and Registered Agent
� Proof that the collection company owns the debt/or has been assigned the debt. (Proof showing you are legally entitled to collect this particular debt from me.) This is basic contract law.
� Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
� Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent
I will not hesitate in bringing legal action against you for the following:
� Violation of the Fair Credit Reporting Act
� Violation of the Fair Debt Collection Practices Act
� Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing or any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
I have overpaid both of the loans I have had with this company, including Quickest-Cash-Advance and 500 Fast Cash, and have filed complaints against you with the Wisconsin State Attorney General, the Wisconsin Department of Financial Institutions, the Better Business Bureau, and the State Attorney General of Oklahoma. I have overpaid $635 on a $300 as well as paying $500 on a $300 loan. According to the State Attorney General of Oklahoma, you have been ordered to stop lending to citizens of the state of Oklahoma, as well as any other state. Therefore, as you are not a legal, licensed lender in the state of which you reside, as well as any other state, you are not licensed to lend.
As I have paid you LEGALLY what I have owed you, including overpaying my loans with your company, I am asking you to mark my accounts paid in full, and consider the matter null and void.
CEASE and DESIST your efforts to contact me. You are not a licensed lender in the State of Wisconsin, but according to the State of Wisconsin DFI, you have to follow the State of Wisconsin collection practices. And, according to the State of Wisconsin, it is ILLEGAL for you to continue to contact me at work, if I have requested you not to, and it is ILLEGAL to contact me in a harassing or threatening manner . If you continue to contact me at work or any of my references, I will be forced to file another round of complaints, including the local police department for harassment charges, as well as filing charges with the FTC.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Best Regards, |
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Maybe not completely debt free in '08, but debt managed in '08!!
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debtfreein08
Joined: 01 May 2007
Posts: 214
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