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Debtconsolidationcare.com - the USA consumer forum

Payday loan collection harrassment

Date: Thu, 02/01/2007 - 17:13

Submitted by reckupjd
on Thu, 02/01/2007 - 17:13

Posts: 3 Credits: [Donate]

Total Replies: 112


I need to know my rights. I received a call at 4:50pm on Feb. 1st, 2007 saying Henry Jay was an investigator and was filing check fraud charges against me first thing in the morning if I didn't pay $575 ASAP for a payday loan. I asked for the information and why I wasn't contacted earlier and he had no response. He just kept telling me that I would have my license showing a warrant and I needed to take care of it within 10 minutes. I live in MN. What are my rights? I can't find any information on this company (either the payday loan or the collector) but I have the phone number for the collector.


10 minutes? Wow, they're really tightening up on their deadlines. Usually the threat is "you need to pay us by 2 pm".

You are not guilty of check fraud. You are not going to be arrested, "processed", "downloaded", and you will not have any warrants on your license. You cannot be arrested or jailed for defaulting on a payday loan. If you could, almost all of of us on this forum would be in jail right now. Many of us here have been in your shoes - some deeper into the payday loan mess than others - but we've all found our way out, no matter how deep we were.

Can you give us some basic info on this company, and yourself, and we'll see what we can do to help you get this taken care of.

What company is this you're dealing with - how much was the loan for - how much have you paid - and what state do you live in? With that info, we can offer you some helpful advice.


lrhall41

Submitted by SUEBEEHONEY70 on Thu, 02/01/2007 - 17:31

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No one is coming to arrest you. They are throwing hot air. You have the legal rights to verify the collection company and their authorization to collect on your debt. First check if they are licensed in your state. All CAs must be licensed in the state where the borrower resides.

The debt collection company must also validate the account received from the loan company. If you haven't received anything in the mail, send a DV letter through certified mail with return receipt requested. They will be forced to give you the legit info and confirm about their authorization. It is your right to refuse any payments until you get confirmed about the collection practices of the CA.

Know more about your rights in this article.

http://www.debtconsolidationcare.com/handle-collectors.html


lrhall41

Submitted by Johnson4485 on Fri, 02/02/2007 - 11:32

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I am at work and I just received a call, from some collection agency named PMI. They said I took out a payday loan in 2001 for 390 that went to a bank account I had, and Now I owe the money or risk being sued for the full amount which includes legal fees and other fees, which would total over 1000.
They then come back and say I was given the loan in 2002. So I asked them to give me some more info. such as, the lender, the agreement, the correct date I applied for the loan, and the date the loan was funded. they are refusing to send me this info, and are threatening to sue. They said we have your bank account number, your work info and your SSN.. I said those things are all over the internet since I applied for other loans and credit cards before...

what rights do I have. I mean 6-7 years ago. I really don't even remember getting a loan back then. And if they provide me any le4git info, I will gladly pay..


lrhall41

Submitted by on Wed, 09/24/2008 - 08:55

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You might want to change banks since they claim to have the info and might auto-debit account. Of talk to the bank and ask them if there is some way to stop an debits from being made.

SOL might have expired depending on what state you live in.

Also, was the loan from a store front or internet?

If they call back get their contact info so you can send them a DV letter.


lrhall41

Submitted by on Wed, 09/24/2008 - 09:08

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I got a call tuesday from a place called check resloutions (representing checkngo online) they told me something very similar about how if I didn't make arrangments they would file charges with the county I live in have me served at work as a bad check writer and possible arrested..... if I didn't agree to pay them immediatley.... I am curious if this is legal to leave a message on my cell about if I didn't respond I would risk being arrested and possible other legal actions they left the message ending saying I had been served... I know they can't garnish my wages (I am in texas) but do they really have this kind of authority or is it just the tactics of the collection agency... is it legal to leave messages like that? the loan is over 2 years old... granted I didn't pay it, but I really am in no position now to pay it either.. help thanks :roll:


lrhall41

Submitted by on Fri, 09/26/2008 - 11:23

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what is a cd letter? i have several messages as stated before that i have saved....my loans is three years old and i can not get any info either i live in ohio what do i do?


lrhall41

Submitted by on Sun, 11/09/2008 - 08:26

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i got a call at work from a middle eastern type voice saying if i didnt' pay up i was gonna be arrested tomorrow morning, well that was 4 years ago i did the loan thing..since then i went thru bankrupcy, his number was 714-598-4207 i believe gave me a case number and everything, although the person he put me to sounded just like the person that called me.


lrhall41

Submitted by on Thu, 02/12/2009 - 20:14

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Unlucky Wrote:
Quote:

what is a cd letter? i have several messages as stated before that i have saved....my loans is three years old and i can not get any info either i live in ohio what do i do?


CLICK HERE to find out how to deal with illegal lenders. There is a sample letter link in that post, it will explain a C&D letter. I just want to make it clear that the original creditor does not legally have to abide by a Cease and desist order, it only applies to a third party CA.


lrhall41

Submitted by Shazzers on Thu, 02/12/2009 - 20:19

( Posts: 17344 | Credits: )


I HAVE PAID OVER HALF THE LOAN BACK IN THE LAST COUPLE MONTHS THE GUY KEEPS CALLING ME FROM ACE CASH EXPRESS AND SAYING I HAVE TO PAY IN FULL OR THEY WILL NOT EXCEPT ANY MORE PAYMENTS ... AND WILL TAKE ME TO COURT .. THEY KEEP CALLING ME AFTER I SENT THEM A LETTER TO STOP THE CALLS THE LETTER WAS SENT CERTIFIED MAIL .. MONTHS AGO WITH A PAYMENT ..... WHAT CAN I DO :( :( :?: [color=Red][/color]


lrhall41

Submitted by on Wed, 02/25/2009 - 18:55

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Have you tried contacting their corporate office? It seems to me that once they accepted your payments its like they accepted your terms. I would definitely try communicating with them at the corporate level. Keep in mind Ace is a legal licensed lender but debt is a civil matter not criminal.


lrhall41

Submitted by kfstaff24 on Wed, 02/25/2009 - 19:06

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PDL collections seem more out of control than ever. During tax time, it usually heats up because they're trying to get a piece of people's returns but from the posts I'm reading this seems worse than ever.

Putting aside whatever we think about pdl's in general, there were always some companies that treated people like animals in collections and others that were more professional. Just look "back through time" at the threads that have built up here over the past few years and see what I mean. There are dozens of threads about the SOB's at Cash Today and Ameriloan, for example, but there are others that hardly get mentioned including some big companies with big loan portfolios. Now it seems that even those are getting nasty, and storefronts - most of which used to be pussycats compared to the internet lenders - are out-of-control too.

I don't know if its the economy, or if these guys are getting squeezed by all the states getting more strict on licensed lenders and more aggressive in going after unlicensed ones but . . . you almost get the sense that a lot of them are getting ready to go out of business and are trying to grab as much as they can as fast as they can before they do . . .

Of course, I may be looking too hard for a silver lining . . .


lrhall41

Submitted by FreakyFriday on Wed, 02/25/2009 - 22:47

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I received a call from a close friend today and he told me that a Nelson & Hirsch Associates contacted him looking for me. I called them and they told me it regards a fraud case from a payday loan place in St. Louis, MO for $520. The company was calling from Georgia. The loan was taken out in 2002 and they had all the right information. I didn't pay it back then and haven't since then. It is 2009 and this is the first I have heard of it in around 6 or 7 years. Being scared like I was of fraud charges and it going on my record, not to mention jail time I gave over my debit card number to my bank in Idaho in which I live now and all the info that goes along with my card. (Current Address, three digit security number, and debit card number) I arranged 3 payments starting in 5 days for $175 a piece. Getting to the end of the call I asked if I was being charged with fraud and they said no. After getting off the phone I am now concerned that I have been strong armed into paying this back. I plan on paying this back, but now wasn't really an opportune time of course (as it never is.) I am a student and have limited income. Student loan residules would pay this back in August of this year, but that is still months off. I'm worried now that I have made a mistake in believing that this is a criminal case and I may be found guilty of fraud and go to jail. This charge of course would ruin my future career. Is this a debt collection strategy or this a fraud case? Have I been suckered into believing I am in grave danger of jail and fraud charges? Please help as I can not afford to retain an attorney's advice.


lrhall41

Submitted by on Wed, 03/18/2009 - 15:29

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Honestly, you have been strong armed into paying back your loan. At this point, you have given them everything they need to process the payments and the only way to stop them is to close the account.

Now, were you REALLY planning on paying this back in August or is that your story because the found you? Get it done and go on with your life since you will not have to lose sleep about it any more.


lrhall41

Submitted by PDLOwner on Wed, 03/18/2009 - 15:45

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First off, please cancel your debit card immediately. Even if they found you or however you was planning to pay it back do not let them bully you into paying anything. You have to do whta is sensible to you. Arrangements can be made.

Second how much was the actual loan with these people and what is the name of the PDL company?

Third a debt is a civil matter not a criminal offense. You will not go to jail for fraud. Did you switch bank accounts due to location??


lrhall41

Submitted by Cool_Abyss on Wed, 03/18/2009 - 16:01

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Honestly, this caught me by surprise. I had no idea what it was about until I was reminded of the dates and the loan. So, yes, now that I have been checking my credit and trying to keep it in order, I would like to pay this loan back, but the best time for me would be August since that would be student loan residule time. Otherwise, this will be almost impossible to payoff in the time allotted. Should I notify my bank to refuse any debit card withdrawals for this amount and on these dates? Should I call company and ask if I can pay with check? This company does not have a website (That I have found). Nelson & Hirsch Associates out of Georgia.


lrhall41

Submitted by on Wed, 03/18/2009 - 16:18

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I did not find Nelson & Hirsch Associates in the GA database as a PDL. Nelson & Hirsch Associates are a third party CA. I do agree on repaying the loan back for that is the absolute right thing to do.

On the other hand, you need to send them a debt validation letter first requesting they validate that $520 before any payment.

Here is what I found on them on this forum.

http://www.debtconsolidationcare.com/collection-agencies/nelsonhirschassociates.html


lrhall41

Submitted by Cool_Abyss on Wed, 03/18/2009 - 16:34

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I recently got the same call and handed over my information as well because I to was to it was fraud. I'm wondering are we being scammed!! My loan was from 2006 and I'm just now hearing from some about this loan.


lrhall41

Submitted by on Tue, 04/07/2009 - 14:13

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today april 7 2009 i received a call from Ace cash i got a loan online in jan then i lost my job they even called my ex-husband and i didn't give out that information. They are threating me to pay $518 from $300 that i borrowed or they will "cause me more trouble" I don't want my ex called anymore he is a pain in the ass already. what can i do. i want to make arrangements but they said they can't i have to pay all....help i live in texas


lrhall41

Submitted by patricehackney on Tue, 04/07/2009 - 15:00

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Ace Cash is registered as a Credit Service Organization in Texas. If you have an attorney then you can try that route. If you do not have the luxury of hiring an attorney I would call ACE CASH corporate office. Do not deal with the local branch a$$ wipes..LOL!

Be honest and explain you have a past due loan with a local branch. Let them know you are became unemployed and all you can afford is $45-$55 monthly payments untill the total loan balance is cleared. I am not too sure of your income so adjust the repayment plan where it is affordable. Hopefully they will be willing to take small payments.

You can be proactive and try to settle this throught the corporate office, which may look better upon you as a customer. ACE CASH is a Licensced lender and they can file a civil suit for their loss. Hopefully they will not waste anytime on this because of the small balance and work out a repayment plan with you.

Best of luck and keep us posted :wink:


lrhall41

Submitted by Cool_Abyss on Tue, 04/07/2009 - 15:41

( Posts: 2936 | Credits: )


I RECEIVED A CALL FROM SOMEONE WHO STARTED CALLING MY SISTER AND ME,I GOT A PAYDAY LOAN THREE YEARS AGO FOR 200 DOLLARS ,I MADE TWO PAYMENTS I HEARD FROM THEM ON5-23-09 SAYING THE FEDS WOULD PICK ME UP IAM NO LONGER WORKING,ALSO SAID HAD TO TALK BEFORE THE TAPE RUNS OUT.I EXPLAINED THREE YRS.AGO I COULD NOT FINISH THE LOAN,CAN THEY ARREST ME? THEY SAID THE FEDS WILL PICK ME UP


lrhall41

Submitted by on Sat, 05/23/2009 - 09:45

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no.that is an emptythreat by a bottomfeeding CA or JDB.debts are civil matters not criminal ones.file AG,FTC complaints.also file police reports.what they did was against the law.to summarize file complaints because you won't be arrested for owing a debt.


lrhall41

Submitted by paulmergel on Sat, 05/23/2009 - 10:56

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i AM HAVING TROUBLE WITH A COLLECTION AGENCY FOR CHEC N GO CALLED THE LIEN CENTER. CALLING ME ON MY JOB AND HARASSING ME ABOUT A DEBT. tHEY ARE TELLING ME THAT THEY ARE GOING TO HAVE MY PAYCHECK GARNESED. CAN THEY DO THIS. AND WHAT ABOUT HARRASHING ME AT WORK.


lrhall41

Submitted by on Wed, 06/17/2009 - 08:33

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They can garnish your wages with a court order, but it has to go through the court system first. Also, if you signed a wage assignment when you obtained the loan they can take some of your wages. All you need to do to stop a wage assignment is send them a letter revoking it, send it certified return receipt requested, then show a copy of the letter to your payroll department.


lrhall41

Submitted by Shazzers on Wed, 06/17/2009 - 08:36

( Posts: 17344 | Credits: )


ok still a little confused and i have been reading the site all day lol.

HERE GOES!!!

Ez Money Loan (EZ Corp) - store front - original loan amount around $600, the agency calling me threatening litigation and fraud is Leiman, Ross & associates (NY) they say the amount is $1053.00 - I said i would send them a letter of validation and they said fine they would answer it in discovery (they make it sound like they are taking me to court)

I can not remember how much I have paid so far since i was trying to pay it off and they kept saying oh' you can renew it.

I reside in Texas.

So my question is what do I need to do to resolve this, I don't mind paying it back but refuse to pay all the outrageous fees. Also they collection peeps said I was already past my timeframe to get validation?? I find that hard to believe, if you call me up wanting money its only right to give me paper work (original loan amount etc) and itemized charges.

I have already files a complaint with the FTC for the fraud issue, the refusal to validate before court, and the threatening of pulling my credit report to gain info on me. The FTC advised I also call the Attny Generals ofc and file complaint as well I will be doing that tomorrow as well as sending the letter of validation via certified mail.

I also have one through the Cash Store (cashstore.com) went in the store - original loan was for $1200 its been over 3 yrs so don't remember how much i paid on it.

Needing help in texas!!!


lrhall41

Submitted by enchantress1213 on Wed, 06/17/2009 - 15:16

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Ive been receiving collection calls from a Bernstein Shapiro and associates about a payday loan I took out back in 2005 I believe. They are threatening to take me to court and charge me for court fees. I live in California. It was an online payday loan. They are harrasing my references, any advice?


lrhall41

Submitted by on Wed, 07/29/2009 - 18:56

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I had a lady call and leave a message on my parents phone saying they are searching me out for a payday loan and that they had a bad check and i was going to be arrested for writing this check. When i called the number they left I asked for them to send me the information and she said that they did not have to as they are attorneys. I siad then i want information about this and they would not give it to me. the threatened to send me a summons to my address on the check, which was a address for 2 1/2 years ago and I do not live there. Do they have to send information about the debt they are collecting and do they have to abide by the same rules as a debt collector.


lrhall41

Submitted by on Tue, 08/11/2009 - 19:47

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Yes they do- a debt collector attorney goes by the same laws as collection agencies. Although from the sounds of it, it does'nt sound like an attorney or a legal CA. Several violations there. Never pay a CA without debt validating them and getting written proof that you owe the debt.

Do you know what pdl this is for? and what state are you in?


lrhall41

Submitted by resqume1 on Wed, 08/12/2009 - 07:03

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I received a call from a collection agency in Florida with the number 904-418-5000 (Brock Lane) who says I need to pay back a $500.00 loan I took out with Advance America in 2004 or he would file charges against me for writing a bad check. Can he do this?


lrhall41

Submitted by on Fri, 08/14/2009 - 12:30

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Since they have changed so many laws in Ohio now on the way the payday loans work, I am worried because I was not able to pay one back and now they are threatening to prosecute me and put liens on my new car and garnish my wages. I have offered to make payments to them but they are refusing. I do know they can garnish my check eventually if they take me to court. But in Ohio now, we do not write checks anymore and they try to do a ACH debit now and call it a short term loan. Can anyone help???


lrhall41

Submitted by on Fri, 08/21/2009 - 10:17

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Like unlucky betty, Bernstein, Shapiro and Associates is harrassing my brother. I've called and left them a message giving them my phone number and address, and I've also mailed them a letter asking for a validation of the debt. I have yet to actually speak to anyone, though, and they told my brother it was in regards to a "fraud case". If it is in regards to a payday loan, it was one that I took out years ago through an online company. My question is - as far as statute of limitations goes does it go by the state I resided in when I got the loan (I've moved since) or the state it was taken out in? Also, if they actually did sue me (from my google searching on them, it's not an actual law firm but a collection agency - I'm considering contacting my Attorney General's office as well as Georgia's state bar association if this is actually the case) who would have jurisdiction? Thanks to anyone who knows!


lrhall41

Submitted by on Sat, 08/29/2009 - 23:10

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After reading through all the pages, Bernstein Shapiro and Associaties is not a licensed collector in the current state I reside in nor the state that I took the loan out in. I can't find the information for the state of Georgia (where they are based out of), so what are my options since the CA isn't a licensed collecter in either of the states?


lrhall41

Submitted by on Sat, 08/29/2009 - 23:44

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Wow! This Henry Jay is everywhere. I got a call from him some years back. I only owed $75.00 on a balance, and they pursued me like it was 1 million dollars.


lrhall41

Submitted by on Mon, 08/31/2009 - 11:28

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My mom called me today to give me a number to a woman who said she was investigating drivers license fraud, so of course my mom immediately called me worried that my license might have been stolen, which of course it wasn't. I called the number and the lady was extremely rude, told me that my license was being suspended due to a pdl that I took out over a year ago. It was for 300. from cashnetusa. and was taken out in Missouri. She stated that due to the fact that it has been over a year they would not deal with my word that I would repay (I was asking for an address) but that I had to give them my bank account number...and pay them 900!! yeah right..I hung up on her, she immediately called back saying we got disconnected I told her no I had hung up on her, that if she didn't want to give me any information, just wanting my bank account info then I was not going to speak with her any longer, she then threatened to take me to court and have my drivers license suspended since I had used it for collateral. I realize I have a debt to pay and will as soon as I have a job, but for them to not even contact me for over a year then threaten me, can they even do that legally?? I am not one to buy into creditor "threats" but this has really got my hackles up. Any help on what they can and can't do?


lrhall41

Submitted by on Mon, 08/31/2009 - 12:53

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chances are if you ever had a pdl this bottomfeeder is attempting to collect.i would also be willing to guess this is an internet loan,and illegal in MO to boot.the lady(and i use that trem loosely)broke the law in stating that.driver's licenses aren't suspended or revoked for owing a pdl.i noticed that is becoming the humanoids new threat.it has no merit.i really wouldn't speak to them again.i would have anyone they call remeber the number on the caller id.then don't answer,and let it go to v-mail.you are right.don't ever give bank info to anybody like this.get something in writing,and send the payments by usps.


lrhall41

Submitted by paulmergel on Mon, 08/31/2009 - 13:00

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I got a loan with Ace Cash Express back in 2007 right after that I got injured at work and went on disability. Basically things went down hill. The other day they called my friend and left her a message saying that if I didnt call them in 24 hours I would be prosecuted for suspected check fraud. I called them back and found out that they were a company that investigates check fraud and they told me that if I didnt pay immediately they would be forced to forward the information to my county and a warrant would be issues. Well I contacted LA County Consumer Affairs and they told me that the company could only take me to court to get the money back and that wasnt considered check fraud.


lrhall41

Submitted by on Wed, 10/21/2009 - 14:46

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i live in florida...i have a payday loan that is over a yr old....i have been harrassed every day...i have been threatened...these people have told me that i would be sent to jail if i didn't pay at least $100 by 3pm...i gave the company my bank acct info an they took out the money...i have no clue who these people are they mentioned jail so i paid..they have been trying to take money that i havent authorized leaving me with a negative balance...balance owed they say is $397...mind u this was a $200 loan...i will pay because i knw i owe but the amount i propose they wont accept which is $50 every two wks...what do i do???i dont want to go to jail..


lrhall41

Submitted by on Tue, 11/03/2009 - 05:37

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you won't go to jail for owing a pdl.debts are civil matters.get that account on DEPOSITS ONLY status.then if you get direct deposit.get a live check until you can open a new account.do not give these cretins the new bank account,and don't speak to them again.they broke the law threatening jail.anyplace that does that is a scam trying to make a buck off of you.don't fall it any further.


lrhall41

Submitted by paulmergel on Tue, 11/03/2009 - 05:49

( Posts: 15514 | Credits: )


I just recieved a phone call (11:30 P.M.) threatened to have me arrested if I did not return this phone call immediately. He did not say what it was concerning or give me any information who he is calling about. I am a victum of i.d. theift and I am sure it was about a pay day loan. What can I do about the late night threat I know it was illegal but I just dont know how to deal with it. I know I have the right to know what or who he is calling for and the time is a definite problem. I have an artificial leg and I had to get out of bed and put my leg on to get to the phone and by the time I got there of course it had stopped ringing but he left a very nasty message. What can I do? This is my debt but I am unable to pay it and I have notified all my debtors but the pay day loan just are not very understanding.


lrhall41

Submitted by on Thu, 11/19/2009 - 22:29

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