Having a breakdown again.....

By the way, Cashnet called my cell phone twice today, within 4 minutes of each other. I called them back right away. I asked them nicely not to call my cell phone but they said they have the right to for their collections. I told them they are more than welcome to call my home but not to call my cell but insisted that is their right.

Sass,
I cannot offer much in pdl's except that they are original creditors so fdcpa does not apply to them. If your state has any rules for dealing with creditors,maybe you can check into that. I would file with the Attorney general and office of Financial institutions for your home state to see if you can get a little breathing room.

I already filed with the AG's office. A few days ago I spoke with a gentleman from Payday Avenue that wanted almost $460 for a $200 loan. I emailed them again and told them they were illegal, etc and to only contact me by USPS or email. He called my house yesterday and left a message, and another one today. He said, I did get your letter, and we have no access to email or the USPS so I will continue to call you regarding this. I don't know what to do. I can't afford to pay Payday Avenue in one shot like he insists. He said there is no other option.

Sass,
Please check your state code to see if there is a section for harassment by telephone. If it does exist,put him on notice. He calls after that,fill out police report and let the law deal with him. Now,take a deep breath and relax.He is stressing you to bleed money from you.Remember rule number one. You need enough money to feed you and keep roof over your head.After that,it is entirely up to you who gets what.

Cashnet500 is one of the worse ones to deal with. They are really mean and evil people. Hang in there and things will get better. They will eventually leave you alone.

Hang in there Sass*if they really wanted their money they would accept your offer of $50 a month..Be strong and do not let them intimidate you...

I'm not so much worried about Cashnet as I am Payday Avenue. Cashnet said whatever I sent them would be applied to my account, even though they didn't find my terms acceptable. I don't know what to do about Payday Avenue. I want to make them payments but they won't let me and won't put anything in writing.

When I defaulted on PaydayAvenue and they found out that my payroll wouldn't honor the wage assignment, they did call wanting the balance in full on my following payday. Well, of course, that didn't happen, and then about a week or two later, they sent me an email with a settlement offer. They claimed I originally owed $621 on a $400 loan, but they were willing to settle for $337.

They sent you an email??? They called me today and said they don't have access to email or USPS!!! How did you pay them, did you split the payments or did you have to make it all at once? They only loaned me $200. Maybe they will settle with me.

The last time I spoke with them, I told them I'm including them in my Ch 13 bankruptcy.

Quote:

I wish I could do that. I filed bankruptcy in 2002. I guess I am stuck with these people harassing me.

I filed bankruptcy in 2000 and it was discharged in 2001 so I think about filing chapter 13 all the time but then I am afraid I will get this really high monthly payment that I cannot afford either way...I just dont know what to do right now

I thought that you could only file once every 10 years?

I think it's 7 years . . . . . It stays on your credit report for 10 years . . . .

Oh that makes sense, thanks. No Chapter 13 for me then. I would do it just to get Payday Avenue off my butt. I don't know what to do about them and it is making me physically sick.

It is every 7 years but if you have filed a chapter 7 you can't refile a chapter 7 for 10 years

I forgot to mention that. I think there are a few other exceptions too.

Well I filed chapter 7 in 2002. My life is looking more and more bleak. I can't make all these payments in full that they are demanding. I don't know what to do anymore. It seems like I am back to where I was a couple of weeks ago when I found this forum.

Lucy,

First of all, don't get down on yourself because you are in a better position than you were a couple of weeks ago. Right now, I would concentrate on getting the money together for T & C. They will be able to handle things from there. They deal with these lenders all of the time. I dealt with Cashnet and Sonic (aka Payday Avenue) when I entered into consolidation with them a long time ago. They are just trying to intimidate and scare you right now. Don't let them do that to you. It's not worth losing sleep over because things will get better for you. I would send each a letter, fax, e-mail stating that you cannot take these kinds of calls at work.

I am with Mishele...If they think they can shake you they will...I heard back from the AG office here today in OH about my complaints and they say it takes up to 90 days to get it completed (whatever they do) but I felt better knowing that the AG is on my side on this one..I will keep you posted of anything new that I hear

Lucy,
They said they have no access to email?? That is a total crock!! They're an internet lender, of COURSE they have access to email!!!! After all, how did they communicate with you??
And speaking of Cashnet, Langhorne just negotiated a settlement for me with them, paying $150 to be marked PIF.

6 years. From the time I filed alone after my separation to the time I filed with my hubby had to be 6 years in between.

My BK attorney had told me that it only has to be 4 years from the time a Ch 7 has been discharged and then a Ch 13 can be filed. I think he said it is either 6 or 8 years in between filing two Ch 7's. I'm assuming all BK laws are the same in every state. Maybe not, but I'm in OH.

Everyone, thank you for your kind words. You all are wonderful. Brownsugar, I am in Ohio too. I don't think I have enough debt to file chapter 13 really because isnt that just a repayment plan? All I have are these pdl, 4 low balance credit cards, and a car payment so I would have to make payments anyhow, right?

So Payday Avenue works with T & C? that is a relief!!! And yep, Payday Avenue are such liars, saying they don't have access to email or snail mail. They didn't call today, thank God. They are probably "downloading" my file to the local authorities LOL. You guys all make me feel so much better. I'm so glad I found this place. Oh and Leah, when I heard back from the AG and they said it could be 90 days till i got an answer, One Step Cash emailed me like 2 hours after that and said they would mark me PIF so it may not be 90 days. Which company did you hear back from them on? Thanks again everyone!!

For a Ch 13, I think your total debt has to be at least $7000. Yes, a Ch 13 is a repayment plan.

Thanks for the info. But if I can't pay my bills as it is, how would I pay them if I was in chapter 13? Just asking because we have 2 car payments because last year I decided stupidly that I just had to have a newer car and we are having horrible problems making both car payments. To top it off I have a perfectly good van that is paid off just sitting in my driveway. I don't want to sell it in case one of our cars gets repo'd.

Bankruptcy laws are federal now.

Lucy - Hang in there. Let T&C do their jobs, many on this site have used them with much success.

I would concentrate on paying what has to be paid. Rent or mortgage, electric, water, food, etc. Have you called either of your car companies? They may let you defer a payment and add it to the end of your loan. If you haven't already I would call them and see if something can be worked out.

And if the worst happens and one of the cars get repo'd, yeah that will suck, but it isn't the end of the world. It's a super stressful situation, but you aren't alone. We've all been through similar situations . . . .