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Illegal PDL Threats

Date: Mon, 12/04/2006 - 07:16

Submitted by Tiffany99
on Mon, 12/04/2006 - 07:16

Posts: 1058 Credits: [Donate]

Total Replies: 10


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?


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.


lrhall41

Submitted by Sam Glover on Mon, 12/04/2006 - 12:18

( Posts: 161 | Credits: )


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.


lrhall41

Submitted by Flying Cats on Mon, 12/04/2006 - 13:42

( Posts: 479 | Credits: )


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.


lrhall41

Submitted by Tiffany99 on Mon, 12/11/2006 - 14:07

( Posts: 1058 | Credits: )