logo

Debtconsolidationcare.com - the USA consumer forum

Payday Loans-Collection Agencies

Date: Wed, 01/16/2008 - 15:45

Submitted by anonymous
on Wed, 01/16/2008 - 15:45

Posts: 202330 Credits: [Donate]

Total Replies: 21


I had 4 payday loans that I could not keep up with anymore. So I canceled my bank account. Now I am being contacted by collection agencies who want me to set up payments using my checking account to pay big payments. I am scared to do this - what are my options?


Never give personal banking or credit card info to a collection agency. They can clean you out all in one fell swoop and will. When I say never I mean NEVER!

Please read from a NACA lawyers site:

If you are CONTACTED by a Debt Collector:

NEVER give them your banking or credit card information. They will take much more than you authorize.

NEVER do 'checks by phone' as debt collectors could empty your bank account, you have no recourse.

NEVER send them money via Western Union.

REMEMBER: Debt Collectors have NO power and NO authority and should NEVER be trusted. They will lie and cheat you to get at your money. If it????????s NOT in writing, it????????s NOT a deal.

BEWARE: Paying a debt collector will NOT get an account removed from your credit. They do NOT have that ability.

RECORD conversations with debt collectors (where legal) so they can be held accountable for breaking the law. Is taping legal in your state: Can We Tape

1 Complaints can be handled by filing complaints with the various states bar ethics committees. Visit: Your Local State Bar

Is the debt still within your state????????s statute for collection? Statute of Limitations

Need Legal Assistance? If you require the assistance of a consumer law professional, Bud recommends you visit: http://www.naca.net The National Association of Consumer Advocates. (Tell them Bud Hibbs sent you )


lrhall41

Submitted by Frogpatch on Thu, 01/17/2008 - 06:18

( Posts: 5381 | Credits: )


I know this is probably a stupid question, BUT, what resources do you use to tape a conversation over the telephone. I am just curious because most of the time (at least in my case) these numbers come up unknown caller, so it's kind of hard to be prepared to record a coversation. What steps can a person take to be ready just in case?


lrhall41

Submitted by Shazzers on Thu, 01/17/2008 - 08:39

( Posts: 17344 | Credits: )


I wonder if my cell phone records, I know that I can record notes to myself. I suppose I need to investigate that further. I would assume anytime you tell a collector they are being recorded that sort of thing is going to happen, either they will hang up, or be nicer then they would have before they knew they were being recorded.


lrhall41

Submitted by Shazzers on Thu, 01/17/2008 - 08:49

( Posts: 17344 | Credits: )


Interesting, this is what I found for the state of Ohio: Ohio Rev. Code Ann. ???? 2933.52: Intercepting, recording or disclosing the contents of a wire, oral or electronic communication if a person is a participant, or has obtained the consent of at least one participant, is legal unless it is accompanied by a criminal or tortious intent.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Ohio Rev. Code Ann. ???? 2933.51. The Ohio Supreme Court has held that prisoners do not have a reasonable expectation of privacy in their communications, for purposes of the wiretapping law. State v. Robb, 723 N.E.2d 1019 (Ohio 2000).


lrhall41

Submitted by Shazzers on Thu, 01/17/2008 - 09:46

( Posts: 17344 | Credits: )