Debtconsolidationcare.com - the USA consumer forum

Please i need help with pdl

Date: Tue, 03/13/2007 - 13:06

Submitted by cristinekz
on Tue, 03/13/2007 - 13:06

Posts: 20 Credits: [Donate]

Total Replies: 16


Hi All,


Yesterday I made a post regarding the harassment my family was receiving from Allen Lewis and Associates. I did get some good feed back just about how I should review the collection laws for my state and such.

Today I started out fresh. I called the crazy lady that has been calling me from there, of course I did not reach her so I left her a voice mail message stating that today I was sending our certified mail another debt verification request along with a cease and desist letter. I also told her that I was recording the voice mail message so that I needed to, I would follow through and hire an attorney.

I not did mail the letter, but I faxed it and emailed it to them as well. This was all done my 9 am this morning. Guess what…….today at 3.40EST time my sister received a phone call from someone claiming to be Mr. Al Lewis giving her the same crazy speech as before. What do I do now??? Do I really need to hire an attorney????


Allen Lewis is not supposed to call your sister because she is not responsible for your debt. Ask your sister to write a complete C&D letter and send it to them through certified mail and return receipt requested. If they still call her, she can sue them on charges of fdcpa violations.

Record the calls after checking with your state laws. In some states, you have to take the permission of the other party before recording. In case, if you violate the laws, they will leave no chance to backfire.


lrhall41

Submitted by orake on Tue, 03/13/2007 - 14:12

( Posts: 482 | Credits: )


Have you begun the process of filing complaints with the Attorney General in your state and filing a complaint with the BBB in their state? If you advise them that you have or are in the process of doing this, that sometimes lets them know you mean business and they back off some. Definitely send all debt validation/cease & desist correspondence via certified mail/return receipt requested. Just sending an email and fax usually won't get them to comply, they can say they never received it via either method and you don't have the same proof as you do when it's sent certified.


lrhall41

Submitted by Tiffany99 on Tue, 03/13/2007 - 14:23

( Posts: 1058 | Credits: )


Last time i sent the letter i sent it certified mail and they still called. This time i will send it with a receipt requested. On the bottom of the letter i CC'd Ludi Hughes, Asst. Commissioner of NJ Dept. of Bank & Insurance and they still called.

I really can't afford it but i think i may have to get an attorney.


lrhall41

Submitted by cristinekz on Tue, 03/13/2007 - 14:27

( Posts: 20 | Credits: )


If you do get an attorney, get one that works on a contingency basis. There are attorney's that specialize in suing debt collectors and only collect if they win the case. Don't get into more debt by hiring an attorney.

Also you can just ignore allen lewis and tell your family what is going on and tell them to ignore them also. Eventually the phone calls will pretty much stop, that's what happened in my case.


lrhall41

Submitted by ramj70 on Tue, 03/13/2007 - 16:50

( Posts: 193 | Credits: )


I would definately file a complaint with your AG and if they are a member of the BBB then there as well. Once you have filed these, I would send them some kind of proof of the filed complaints. Sometimes they will keep going and going until you actually do something that can effect them. Right now they are doing what they planned, getting a rise out of you in the hopes that you just pay them so you dont have to deal with it anymore. File complaints, notify them and send them proof, then just instruct everyone to ignore the calls and not to say anything. Like people have said above, they will eventually stop because they will realize you are informed and they dont have a chance of getting any more money from you. If you happen to talk to them again, make sure you sound confident, strong, and forcefull so they realize you are aware of the laws and there is no way they are getting any more money from you. Also, let them know that you are also working with the AG to get the refund amount they owe you.. Not likely you will get a refund but this is just another way to try and get them off your back. Keep fighting, do not let them win.


lrhall41

Submitted by Brodie on Tue, 03/13/2007 - 21:19

( Posts: 18 | Credits: )


Get all witness statements compiled. File complaints with your AG and the AG from this crooked companies state. Like another member stated, use certified mail. You can use track and confirm online to see when and where that it was signed for. Never fax letters, they can say that they never recieved it. Do not pay anymore money either. You paid above and beyond what the law allows. Send them this letter via certified mail:

(Your name)
(Your address

Collection company name
Company address

(Date)

Re: Acct# 00000000

To whom it may concern:


This letter is being sent to you in response to a notice sent to me on March 8th, 2050. Please 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 Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit Bureaus (Equifax, Experion 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:

1. Violation of the Fair Credit Reporting Act-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated

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 listing of any information to 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.

REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with third parties, it will be considered harassment and I will have no choice but to file suit.

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.

Thank you,

Signature
Printed name


lrhall41

Submitted by Anthony Lemons on Wed, 03/14/2007 - 04:35

( Posts: 1828 | Credits: )


Thanks all for the good advise. I spoke with my family members last night and told them to ignore the calls and to not even pick up the phone. I never would have imagined that i payday loan could turn into such a nightmare. This is a great site with great information!


lrhall41

Submitted by cristinekz on Wed, 03/14/2007 - 08:02

( Posts: 20 | Credits: )


Calls and intimidation and such are what they use to try to get more money out of someone. I have learned so much from this site that I have been able to stand up to these people and so far, I only have one that calls quite a bit and one I have not heard from since they said my account was going straight to collections, at least so far. Hang in there! It will get better.


lrhall41

Submitted by 2nband on Wed, 03/14/2007 - 08:11

( Posts: 2277 | Credits: )