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Help/Advice Needed

Date: Fri, 10/19/2007 - 09:46

Submitted by anonymous
on Fri, 10/19/2007 - 09:46

Posts: 202330 Credits: [Donate]

Total Replies: 17


Posted: Fri Oct 19, 2007 9:43 am


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I have recently defaulted ona payday loan with an online company called Fast Cash. My loan was for $700, I was making payments, but lost my job, had some family health issues and my home went into foreclosure. I am slowly digging myself out of all of this. In July I closed my bank account as everything was bouncing in my account and I couldn't afford any more NSF fees. Since that time I have not heard from anyone concerning my loan until 10/8/07 when I received a rather rude message from a woman named Investigator Bangs with A.S. & Associates, she basically said that I was in BIG trouble and she needed to speak to me, the original meesage did not seem legit as she dropped the phone was stumbling over her words, laughing etc, so I disregarded it. She then went on to contact my Aunt & Uncle and advised them that I had used there name as a reference for employment and it was urgent that I contact her as she had some important information for me. I called her last night at 6PM and was advised that I needed to pay $705 by noon today or she would file an affidavit and I would be served at my place of employment with court papers. First off, the do not have my employment information, but can they serve me with papers? how worried should I be? I have never received any written notification regarding this debt. Please advise.

Thanks-
Tina


She is using an illegal scare tactic. Get the name and address of her company and send her a letter to cease and desist calling you and also a letter requiring the debt to be validated under the fdcpa. I will post a sample letter for you to use as a template. Do not wiorry no one is serving you with papers at this point. Here is a link to an old thread about them.
http://www.debtconsolidationcare.com/forums/asa-call.html


lrhall41

Submitted by Frogpatch on Fri, 10/19/2007 - 09:53

( Posts: 5381 | Credits: )


Here is the sample letter!
Your name and address

Quote:

Their name and address

Attn Mr Bottom Feeder

Re Acct # XXXXX

Dear Mr. Feeder.

I received a call (or letter) stating that I owe your company $XXX on the above account
Please be advised that this is the first communication that I have had with your company regarding this matter by phone, mail or otherwise.

Please be advised that pursuant to the Fair Debt Collections Act, 15 USC 1692G Section 809 that this debt is disputed and validation of this claim is required. To validate this claim I require the following:
>What the original debt is for
>The amount of the original debt.
>How you arrived at the amount you say I owe
>The interest charges applied to the original debt.
>All payments received regarding this debt with the original creditor including the date and amount of each payment., This requirement was established by the case Fields vs. Wilber Law firm, Donald L. Wilber and Kenneth Wilber USCA-02-C-0072, 7th Circuit Court, Sept. 2004
>Any penalties associated with the original debt and the reason or reasons for those charges.
>Proof that any interest charged does not exceed that allowed by law in the State of xxx
>Provide me with any papers that say I agreed to pay what you say I owe.
>Proof that the collection agency owns the debt or has been assigned the debt.
>Proof that you are licensed to collect in the State of xxx
>Proof that your client is licensed to operate a payday loan business in the State of Florida. (If applicable)
>Proof that your company is legally permitted by the original lender to collect that debt.

Furthermore at this time I am advising you that I am not to be contacted by your firm or any of its affiliates, subsidiaries or clients by any other means other than the United States Postal Service. Also you are not permitted to contact my employer, friends, acquaintances or family regarding this matter. Also any agreement of ACH withdrawals from my account and any agreement of wage assignment are hereby revoked.

If your office can and does provide all the information that I have requested I will require a minimum of thirty days from the receipt of that information to investigate its validity and to retain counsel if necessary. During this thirty day period all forms of collection must cease.

Furthermore if your offices fail to respond to this validation request within thirty days from the date of your receipt all references to this account must be deleted from my credit file and a copy of such deletion request be forwarded to me immediately.


lrhall41

Submitted by Frogpatch on Fri, 10/19/2007 - 09:58

( Posts: 5381 | Credits: )


goudah is trying to put notations on the other threads to direct all responses to one main thread. This person has multiple threads going. I wonder if maybe one of the other threads was made the "main" thread? Crap! :shock:


lrhall41

Submitted by cannr on Fri, 10/19/2007 - 11:34

( Posts: 9317 | Credits: )


Shtcake67- I dealt with a "Greg Patton" from this company- He told me the same speech. He said I had no intention of paying this back. He sent me a fax letter 5-7 days later which wasnt accurate that I owe $570.00 on a 250.00 loan. I filed complaints with the BBB and the State Attorney General's office of my state IN and I also filed with the FTC. I havent heard from them since. This was in May.

This is a scare tactic- They wont send you papers. Follow Frogpatch's letter. I did. I also sent it Certified Mail. To this day they have not sent me anything stating what I legally owe. Also, send a cease and desist letter as well. I paid several rollovers to National Money Store...That is what AS&Associates was calling me for. I'm not sending them another dime until I get an accurate statement. In fact, I dont think I should have to pay them a dime more. I believe I have overpaid.

Figure out what you have paid back so far. What state are you in? Dont worry...everyhing will be OK...we are here to help you


lrhall41

Submitted by Tweety71 on Fri, 10/19/2007 - 12:05

( Posts: 2061 | Credits: )


Thanks for all of your help and advice, the letter is going out in today's mail :O)


lrhall41

Submitted by on Sat, 10/20/2007 - 06:53

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