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Is this legal?

Date: Thu, 04/12/2007 - 08:50

Submitted by Sassnlucy
on Thu, 04/12/2007 - 08:50

Posts: 2698 Credits: [Donate]

Total Replies: 55


Ok, this morning I got a threatening email from DMS which I haven't responded to yet. I have been getting them every day and replying to them every day but then I get emails saying I have refused to cooperate. Just now an 800# called my number and I didn't answer it. Then a minute later the same number called the general office number so I answered it. They asked for me, and I said, she is not unavailable. They said can you take a message, I said sure. She said, "Tell her we have her down as a RUNNER and she needs to call this number immediately." I can't have them calling the office and have told them this in email many times. What should I do??? I am going to get in deep poop if they are going to try to start pulling that. I could lose my job.We are getting a new boss soon that isn't going to tolerate this and my coworkers gossip so much..........they would love to hear that I am running from the law or something.


Send them a cease and desist letter. Tell them you cannot take calls at work, and to do all communication through letter. Keep all e-mails or letters that are threatening. Also keep records of when they call and what wa said, in case you need it later for proof they have threatened you..Karen


lrhall41

Submitted by Bossy4455 on Thu, 04/12/2007 - 08:57

( Posts: 5854 | Credits: )


You should have said that she doesn't work there anymore.

DMS has pretty much left me alone since they robbed me of $400.

Give them your cell phone # or something. Just make sure you tell them that she doesn't work there anymore. Or She was fired for having personal calls made to her on her office phone #.


lrhall41

Submitted by sswett on Thu, 04/12/2007 - 08:58

( Posts: 408 | Credits: )


sassy if they are not located in your state,this may assist you in dealing with them.It is a federal law that all must comply with as long as they are not in your resident state.
4.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000223----000-.html
Please place www and dot in front of it to activate it.Good luck and holler if you need me.


lrhall41

Submitted by cajunbulldog on Thu, 04/12/2007 - 08:59

( Posts: 4850 | Credits: )


Thanks everyone!!! Sarah, I agree. BS. Will a cease and desist letter work since they are the original creditor?? Should I email them again and tell them anything? I have saved all their correspondance. See, several weeks ago they agreed to settle for $140 but I couldn't pay it right away like they wanted so now they want like $535. cajun I am checking the link you posted right now. This is like the worst thing that can happen to me at the worst time, with getting a new boss.


lrhall41

Submitted by Sassnlucy on Thu, 04/12/2007 - 09:09

( Posts: 2698 | Credits: )


I am sending them this email now. Any suggestions for modifications?

Quote:

I have received your correspondence regarding my balance with your company through email, telephone, and the USPS. Your company originally loaned me $200. I have since paid $60 on 2/28/07. Therefore I do not owe you anywhere near $525, which is the amount that you offered for me to pay to ???????settle??????? this account. Your company is in violation of Ohio Rev. Code Ann. ???????? 1315.35 et seq which states that there is no rollover allowed and may only charge interest rates of $15 for every $100 loaned. Your company solicited, accepted, and transacted business with a citizen of the State of Ohio, thus you are subject to the laws of this state including the rollover and interest laws. Please see the below Ohio laws on cash advances. Also, your company is not licensed to do business in the state of Ohio.

{Ohio state laws inserted here-cut out to make this post shorter)

I would like to repay the principle that I owe ($140) and have the account under the name of Sassnlucy ???????paid in full????????. I had previously been told by ???????Tasha??????? in your company that a settlement of $140 would be acceptable. I will be willing to pay this balance in payments by money order in order to settle this account.
Please note that I am filing a complaint with the Attorney General and the FTC, and am forwarding all correspondence that I have received from your company to them.
As a reminder. all correspondence shall be in written form either through the email address,
or via The United States Postal Service. Please acknowledge receipt of this letter, and acknowledge acceptance of, and willingness to adhere to the settlement described above, in writing, within 24 hours of receipt. I also hereby revoke any voluntary wage assignments that I may have signed. I will be willing to make arrangements to pay off the principle balance on this account by money order through The United States Postal Service. Please do not attempt to contact me by telephone. I have told you this numerous times. I CANNOT ACCEPT PERSONAL PHONE CALLS AT MY PLACE OF EMPLOYMENT!!!!!! IT IS ILLEGAL FOR YOU TO CALL ME AT WORK IF I ASK YOU NOT TO! Also, my references may not be contacted. I will be happy to communicate through the mediums listed above to resolve this matter.
I appreciate your cooperation.


I seriously doubt they will listen to this but I have to try. I'm reading up on that right now, cajun, thanks!


lrhall41

Submitted by Sassnlucy on Thu, 04/12/2007 - 09:28

( Posts: 2698 | Credits: )


If they are doing this you need to get in contact with the person at the AG's office and give them thse correspondances from this company to let them know they continue to harass you. I think you stated earlier that you did file a complaint. I know when I received just one call and notified the person assigned my complaint he contacted them immediately and they stopped harassing me, and eventually settled me as PIF. And it was this very same company, DMS. But if you do not notify the AGs office of this harassment they will not know and will not help.


lrhall41

Submitted by WHEREAMI? on Thu, 04/12/2007 - 09:33

( Posts: 5263 | Credits: )


Steelers, this is the only pdl place I had not reported because they were going to settle with me. This just started this past week or so. I am filing a complaint right now. I though that since they said they would settle with me, that a complaint would not be necessary. Guess I was wrong. Thanks Steelers for your advice.


lrhall41

Submitted by Sassnlucy on Thu, 04/12/2007 - 09:38

( Posts: 2698 | Credits: )


Quote:

They cannot give that kind of info out to anyone..You are a runner? Where the he_ll did you run too? Also, "please stop with the law" sounds like they are admitting they know its the law but want you to stop using it????


Yeah and all the legal crap about release forms just to release me copies of emails with paydown requests that I already had???

Poor thing. I wonder how she can sleep at night.


lrhall41

Submitted by Sarah R. on Thu, 04/12/2007 - 09:52

( Posts: 151 | Credits: )


Update-I sent that email and within minutes a supervisor called my line AGAIN then when I didn't answer called the general number and asked for me. When I said Sassnlucy isnt available she asked to be transferred to my voice mail. She left her name and # and a case # and said I have until tomorrow to call back to avoid further action. Then she sent me an email stating the same thing. My heart is racing. I can't get fired because of this place.


lrhall41

Submitted by Sassnlucy on Thu, 04/12/2007 - 10:10

( Posts: 2698 | Credits: )


Well if you think you can stomach it(I know i get all nervous with these people) call back...let her say what she has to say and when she makes illegal threats, let her know that OH is a one party consent for tape recording and you just recorded her and will be sending your complaint to the FBI as well as the AG.


lrhall41

Submitted by Leah on Thu, 04/12/2007 - 10:14

( Posts: 2322 | Credits: )


I am sending a letter to the supervisor that emailed me now. Please proof read it for me-I don't want to get charged with extortion.

Quote:

Dear Collections Manager:

I have received your message on my work telephone regarding my balance with your company. I CANNOT ACCEPT PERSONAL PHONE CALLS AT MY PLACE OF EMPLOYMENT!!!!!! IT IS ILLEGAL FOR YOU TO CALL ME AT WORK IF I ASK YOU NOT TO! Any further calls to my employer will be considered harassment and I will contact the FBI and local authorities.

I have responded to each email and phone call I have received, and have not ignored them as per the many emails I have received from your company so please do not accuse me of doing so.

Your company originally loaned me $200. I have since paid $60 on 2/28/07. Therefore I do not owe you anywhere near $525, which is the amount that was offered for me to pay to ???????settle??????? this account. Your company is in violation of Ohio Rev. Code Ann. ???????? 1315.35 et seq which states that there is no rollover allowed and may only charge interest rates of $15 for every $100 loaned. Your company solicited, accepted, and transacted business with a citizen of the State of Ohio, thus you are subject to the laws of this state including the rollover and interest laws. Please see the below Ohio laws on cash advances. Also, your company is not licensed to do business in the state of Ohio.

(laws cut out to save room in this post)

I would like to repay the principle that I owe ($140) by making payments that are feasible to me by money order and have the account under the name of Sassnlucy ???????paid in full????????. I had previously been told by ???????Tasha??????? in your company that a settlement of $140 would be acceptable. I in no way am being uncooperative nor am I ignoring communication from your company.

Please note that I have filed a complaint with the Attorney General and the FTC, and am forwarding all correspondence that I have received from your company to them.

As a reminder. all correspondence shall be in written form either through the email address, or via The United States Postal Service. Please acknowledge receipt of this letter, and acknowledge acceptance of, and willingness to adhere to the settlement described above, in writing, within 24 hours of receipt. I also hereby revoke any voluntary wage assignments that I may have signed. I will be willing to make arrangements to pay off the principle balance on this account by money order through The United States Postal Service. Please do not attempt to contact me by telephone. I have told you this numerous times. Again, I CANNOT ACCEPT PERSONAL PHONE CALLS AT MY PLACE OF EMPLOYMENT!!!!!! IT IS ILLEGAL FOR YOU TO CALL ME AT WORK IF I ASK YOU NOT TO! Also, my references may not be contacted. I will be happy to communicate through the mediums listed above to resolve this matter.

I appreciate your cooperation.

Thanks, guys. You all are such a help to me I can't thank you enough.


lrhall41

Submitted by Sassnlucy on Thu, 04/12/2007 - 11:12

( Posts: 2698 | Credits: )


That response sounds great.

I wouldn't worry about being charged with extortion, you aren't threatening anything. Just stating that you've filed complaints is the truth. The only way it could be considered extortion is if you say "If you don't do what I want then I will turn you in" or something to that effect, and even then it's a stretch to claim extortion. But it's better to be safe then sorry!


lrhall41

Submitted by goudah2424 on Thu, 04/12/2007 - 11:40

( Posts: 7935 | Credits: )


the saga continues...here is what I just got from the "collections manager"

Sassnlucy, you do not have a balance of $525 you have a total owed of $380.00 at this point, we have tried several times to try and get this taken care of with you on a voluntary basis you continue to try and get out of paying this debt. As soon as your first payment was maid you closed your account that is considered Neglect on your part, you continue to try and threaten my company and employees with the Law and now you want to try and threaten me with the FBI, all we have ever asked for was for you're to handle your end of the contract that's it. No one will have the need to contact your employer if you take care of this matter.

Just last week, I was told I owed $525.Look at this, they emailed me this last week!!!!!

Note: I have responded to you with very detailed information relating to the debt owed. I don????????t possess all the necessary payment information to prevent further action. Please respond or more fees will be added and further actions will be taken! Not responding will only make matters worse

SETTLE ACCOUNT IN FULL $525 received by 04/17/2007

I am offering to settle ANY account if $525 is received today through 4-17-07, ONLY by check by phone or MoneyGram; no matter what the balance was previously. You MUST take advantage of this (1) time offer before 4-17-07 to process it accordingly and settle account in FULL.

When a person intentionally neglects to pay back money loaned to them on good faith, it is an unacceptable act of deception. Because our Collections Department has NOT been able to obtain the slightest amount of cooperation from you to resolve this very serious matter, we have changed the status of your account to ???????Refusal to Pay/Intentional Neglect.???????


lrhall41

Submitted by Sassnlucy on Thu, 04/12/2007 - 12:10

( Posts: 2698 | Credits: )


Send everything you have all the emails to the AG, and the banking institution...and send them a copy....How can they blatantly lie to you like that??? And they cannot require you to pay by check by phone or money gram....Send that beyotch an email and copy that email stating what thebalance is andl et her eat her words!


lrhall41

Submitted by Leah on Thu, 04/12/2007 - 12:12

( Posts: 2322 | Credits: )


Tell her that she is the one threatening you and taht you do not have to tolerate it! Tell her that you are more than willing to play hardball with them but that you are only paying what you legally owe by OH state law and they can accept that or try to take you to civil court and see how fast they get their butts reamed by a judge here....


lrhall41

Submitted by Leah on Thu, 04/12/2007 - 12:22

( Posts: 2322 | Credits: )


I proofread everything that i'm sending in a professional capacity...otherwise, its kind of hit or miss. I generally don't punctuate or capitalize if i'm chatting, or on an informal board...but christ if your trying to get someone to pay you... come on...

she 'maid' a payment...does that mean the maid made the payment or she's a maid who made a payment? lol


lrhall41

Submitted by sswett on Thu, 04/12/2007 - 12:30

( Posts: 408 | Credits: )


Just an FYI, there have been cases, most recent in Arizona where a collector was prosecuted for extortion, he received a few years in prison, 5 years probation upon release, and has to payback the consumers over $250,000 which is what he had collected from them by using the illegal tactics. So collectors can be charged and convicted of extortion. In this particular case it was just one consumer who had enough and proceeded with the charges.


lrhall41

Submitted by WHEREAMI? on Thu, 04/12/2007 - 12:57

( Posts: 5263 | Credits: )


They are not bothering me, called 15 times today, but I'm not stressing. They can dial until their fingers fall off, it's their companies dime not mine. I have documentation of all the calls and will be forwarding the bill to the AG's office when I get it (my cell phone bill), because it shows all incoming calls received whether I took the call or not.


lrhall41

Submitted by WHEREAMI? on Thu, 04/12/2007 - 13:02

( Posts: 5263 | Credits: )


What about me sending this-any revisions? I really appreciate you all looking over these before I send them.

Ms. Hampton, please see the attached email where your employee, Martha Meza, offered to have me settle my account for $525. That is where I got the $525 figure. Your company only loaned me $200 and I have paid $60 back so how could I owe $380? I am not trying to get out of paying my debt. I want to settle this matter for the principle that I owe. I did not close my account as soon as my first payment was "maid." My bank closed it for me because it was overdrawn, which was due to FRAUD, so please stop accusing me of neglect. As for threatening you and your employees, I have done no such thing; however, I have been threatened daily by your employees and have documentation if you do not believe me.

Once again, IT IS ILLEGAL TO CONTACT ME AT WORK IF I HAVE ASKED YOU NOT TO!!! So, once again, DO NOT CALL ME AT WORK! There are laws stating that you cannot call me at work if I have asked you not to. It is also illegal to tell people at work anything about me such as your employee did today, telling my boss that I am labled a "runner." The law is on my side concerning these matters.

I want to settle this matter and have indicated my willingness to do so. You guys are the ones that are being uncooperative. I will be more than happy to make payments towards my principle balance of $140, and $30 in fees that are legal in the state of Ohio but I do not legally owe $380.

Is it obvious that I am really starting to get mad now?


lrhall41

Submitted by Sassnlucy on Thu, 04/12/2007 - 13:12

( Posts: 2698 | Credits: )


SENT!!!!! Thanks for all the input. cajun-I still have that page pulled up-just haven't had a chance to read it all yet. I am trying to look like I am doing my job while handling all this!! :)

All of you are invaluable to me and I consider you friends. I don't know where I would be without you all.


lrhall41

Submitted by Sassnlucy on Thu, 04/12/2007 - 13:30

( Posts: 2698 | Credits: )


Here we go again...I'm surprised she wrote back this fast. She has toned down a little bit....

Unfortunately we are not bound by your state laws this is an online loan, you read and gave a e-signature to this loan you read this and placed your name into the signature line amount loan was $200.00 amount of $260.00 was to have been paid in one lump sum to pay off in a two week time you did not do so you paid 1 extension fee of $60.00 best I can do is settle this for the $260.00 that will prevent further action on this debt and get this matter handled the settlement is good till 04/20/07, let me know what you would like to do to take care of this matter.

sswett-she can't punctuate for $%^&, can she???

I don't think I should settle for $260...what should I do now?


lrhall41

Submitted by Sassnlucy on Thu, 04/12/2007 - 14:00

( Posts: 2698 | Credits: )


Tell her that regardless of what state they are in, they are bound by the law in which the consumer is in and if they are not going to obey the law then they should not be lending in your state. ALso what state are they in because I gurantee you they are not abiding by those laws either. I am in a serioud mood to take someone down!


lrhall41

Submitted by Leah on Thu, 04/12/2007 - 14:17

( Posts: 2322 | Credits: )