logo

Debtconsolidationcare.com - the USA consumer forum

Westbury Ventures & Legal Action

Date: Sat, 04/21/2007 - 16:42

Submitted by TLaster
on Sat, 04/21/2007 - 16:42

Posts: 4 Credits: [Donate]

Total Replies: 15


In April 2005, I took out a payday loan with Express Cash/Westbury Ventures for $300. I ended up getting in over my head with payday loans because I was trying to get bills taken care of and my bank account ended up getting closed due to overdraft charges for the charges the payday loan companies were trying to withdraw. I was never contacted in writing by Westbury concerning the loan after my account closed and I honestly forgot about it. On April 19th 2007, I started receiving emails from a James Featherston from Westbury Ventures stating that he had specific information that he would use to get reimbursement for his company if I did not call him and setup a way to repay the loan. I have recently been a target for identity theft so being as I was getting contacted by someone asking for my personal information out of the blue and over the internet, I sent a response asking for proof. He sent an email back with my name and address and some other common information. I know for a fact that there are websites that you can get that info from a public records website so I asked him for copies of the contract and that if I were going to pay anything, it would be through money order with a certified letter. The next email I received stated that I had a chance to print a copy of the contract when I took out the loan and that I was to note if I didn't make immediate arragements for payment, he had the information to insure reimbursement for his company. I have not had a checking account since 2005. He has a contract from me in writing with my old bank account information. I recently opened a checking account with my husband at a new bank and I have NOT sent this company any of my information nor do they have anything from me giving them access to the current checking account information, but they withdrew $200 out of said account on April 20, 2007. I was in the process of verifying the information of this company and was corrosponding with them through email. I've printed it all, contacted my bank to put a stop payment on anything from this company and plan file a police report against them on Monday for unauthorized deductions. Is there a possibility that I can really do much about this?


I did contact my bank. I put a stop payment on any debit coming from that company and the bank said that I can file criminal charges against them. I saw something on another post that all Westbury has to do is show the bank the original contract saying that they have my signature that says they have the right to debit my account but that contract only concerns the Bank of America account and not the new one. The thing that makes me most mad was that I was willing to resolve the matter after I verified the company but they didn't seem willing to help. I know for a fact that they aren't licensed in Texas so I'm hoping that's going to help.


lrhall41

Submitted by TLaster on Sat, 04/21/2007 - 17:33

( Posts: 4 | Credits: )


This site sooooo ROCKS! Over half the ammunition I'm going to use against these jerks has come from the information that has been given in other posts on this site. I'm going to bury these morons. I just got off the phone with my attorney, which so happens to be the City of Dallas's attorney also and he's majorly ticked. Says I've got about 20 different charges I can slap them with and he's going to be contacting the attorney general's office to raise h*ll about these companies. I love it! You guys have no idea how much you've helped.


lrhall41

Submitted by TLaster on Sat, 04/21/2007 - 17:48

( Posts: 4 | Credits: )


Ha! Definitely! I've never been so excited to see Monday coming up. I emailed Westbury to inform them they are in violation of Texas usury laws, licensing requirements and the interest rate cap. I got one back a minute later stating that they didn't have to be licensed b/c they aren't located in Texas so I sent him back a PDF'd copy of the 2005 SUMMARY OF STATE PAYDAY LOAN ACTS1. Shockingly, I've yet to hear anything back. >:)


lrhall41

Submitted by TLaster on Sat, 04/21/2007 - 18:51

( Posts: 4 | Credits: )


I just got off of the phone with a very helpful employee of Bass and Associates. They were not only extremely friendly, but also honored my wishes to not call me at my job. They stated that they are bound by law to respect my employment and that they would never even consider calling me if I ever default on a loan. They are astonished to the fact that they are under investigation for violating the consumer laws. I too am very sad to hear that they are being accused of harrassing consumers and threatening them with arrest. How many liars can there be?


lrhall41

Submitted by on Sat, 04/21/2007 - 19:24

( Posts: | Credits: )


I just got off the phone with both the Office of Consumer Credit Commissioner and the Texas Secretary of State's office. Westbury Ventures/Expresscash/LTS Management Services, LLC is not licensed in the state of Texas at all. I was told by the OCCC to contact the Secretary of State's office b/c they could be listed as a credit service organization, they aren't. So, any contracts with them are void according to Texas law.


lrhall41

Submitted by on Mon, 04/23/2007 - 15:25

( Posts: | Credits: )


Sorry, the last comment:

So, any contracts with them are void according to Texas law

was supposed to be a question. I called them again today to specify and they wouldn't tell me anything other than it was a question for an attorney. There was an article in the Dallas News today on the loophole concerning Credit Services Organizations. I may be repeating myself but if Westbury isn't licensed and they're not listed as one of those credit services organizations in Texas, does that technically mean they're violating Texas lending laws? Confused....


lrhall41

Submitted by on Tue, 04/24/2007 - 16:52

( Posts: | Credits: )


Wish that texaslawyer was here, he could give you an indepth answer. But if they aren't licensed I would say, yes they are violating Texas law, and from what I've read in the Texas Finance Code, you can sue them. They haven't posted a bond, are unlicensed and trying to collect a debt. They said that it "was a question for a lawyer" because they couldn't or wouldn't give you an answer.


lrhall41

Submitted by Law Student on Tue, 04/24/2007 - 18:31

( Posts: 1182 | Credits: )