logo

Debtconsolidationcare.com - the USA consumer forum

Just a Little update on my situation

Date: Thu, 02/21/2008 - 08:09

Submitted by tayw27
on Thu, 02/21/2008 - 08:09

Posts: 15 Credits: [Donate]

Total Replies: 29


MY PREVIOUS POST W/UPDATES

I had 4 online PDL's, I am a resident of New York and came across this site trying to find info on one of the lenders.

With the advice from so many of you I first closed my bank account to stop them from continuing to rob me. I then sent the wage assignment revoke letter to Payday2go because they where the first to contact me with the BS after not being able to get into my account. They then proceeded to send my payroll department wage assignment paperwork, I then sent them the letter letting them know that they are illegal in my state and I was only willing to pay the principle amount due which they then agreed to, and early this week my payroll department let me know that the wage assignment paperwork that they sent in was denied after being reviewed by my companies lawyer.

Here is a break down.......

MTE Financial Debited my account $90 today for a $300 loan i was given on 12/19 The New Problem

NLS CASHADV10 has debited my acct today and has done so every 2 wks since 10/30 for a loan of $250 so to date i have paid $304. I havent heard a thing from them since I closed my bank account

866-742-0413 Payday2go debited my acct $75 today fro a loan of $300 on 12/18. These where the ones who sent my payroll dept the wage assignment, which I revoked prior to them sending it in. I then sent them the letter letting them know that there illegal and that I will only be paying the principle balance that I owe, and thay have complied.

Credit Protection Loan debited my acct $430 and $71.49 for a loan of $430 on 12/11.....I havent heard anything from them since I closed my bank account.



Now I received a call on Tuesday from a woman regarding the MTE loan and she seemed to be an outside representative of the company or at least thats what she said. She informed me that $600 was due but she was willing to settle it for the amount of $360, and I had to let her know if I could pay by 2pm that day. I at that point told her I would call her back once I reviewed my info regarding this loan and she said that I must call her back before 2pm or else they would proceed with sending the wage assignment paperwork to my employer. I then printed up the same letter that I used with the above PDL and faxed it to MTE & the woman who called me which was 2 separate locations. Then today I received an email from MTE that states.



We have received and reviewed your correspondence regarding your complaint with the company.


While the information that you have collected may apply to companies that have physical locations in your state, it is our opinion that it does not apply to our internet business model. This is based on sound advice from our legal department. In addition, the Legal Disclosures provided for customer reference at our website state the following:


Regardless of where you may be viewing or accessing this site, you as the borrower are responsible for complying with any local statutory obligations that may exist in your state or area with respect to this transaction. The Federal laws governing this consumer loan agreement may differ from the laws of the state where you reside. If you do not want to enter into a consumer loan agreement with us under our terms, then you should apply for a loan at a provider located in the state where you live.


Based on the information supplied in your complaint, it is evident that the information derived from some sort of form or template, as it does not apply to your particular loan. It is strongly advised that consumers do not fall prey to the contributors of this type of information, as it is not always true, nor does it apply to every circumstance. Often, the information actually incriminates the consumer for not abiding by the laws of the state that they live in. Additionally, any contradiction to a consumer’s signed loan agreement can actually put them in default. While it is appealing to a consumer to find what appears to be an "easy way out" of their debt, there is no such thing if the debt is substantiated by a legal, signed contract. Using information containing legal jargon that you have not actually researched in an attempt to threaten a company into writing off a balance that you know you owe can actually be harmful to you as a consumer.


The money was lent to you by our company in good faith with the understanding that you would abide by the terms detailed in your loan contract, just as we upheld our end of the agreement by crediting the funds to your account in a timely manner. The Loan Note and Disclosure that you e-signed and thereby agreed to is very detailed and clear so as not to cause any confusion to you, the borrower, and meets all the Truth-In-Lending and Reg Z requirements as prescribed by Federal statute.


While we appreciate your offer to pay the amount that you feel responsible for paying according to your own terms, your option of settling the account has already expired. Your account was sold to an outside collection agency for handling on 2/8/08. At that time, we relinquished all rights to the account with regard to accepting payment or making arrangements with you. Any arrangements that you make will need to be made through the outside collection agency handling your account.


Thank you for your time and consideration in this matter.

Respectfully,

Compliance Department

CC/file

Sorry about the long post guys, but what should I do about this????


In your state Pay day loans are not legal. You are complying with your states laws as the letter is telling you to do.

Regardless of where you may be viewing or accessing this site, you as the borrower are responsible for complying with any local statutory obligations that may exist in your state or area with respect to this transaction. The Federal laws governing this consumer loan agreement may differ from the laws of the state where you reside. If you do not want to enter into a consumer loan agreement with us under our terms, then you should apply for a loan at a provider located in the state where you live.


lrhall41

Submitted by kashzan on Thu, 02/21/2008 - 08:22

( Posts: 5401 | Credits: )


Wow...they have some gall accusing YOU of using "forms/templates". I have seen this generic form email used by MANY PDL's :lol:

Quote:

The Loan Note and Disclosure that you e-signed and thereby agreed to is very detailed and clear so as not to cause any confusion to you, the borrower, and meets all the Truth-In-Lending and Reg Z requirements as prescribed by Federal statute.


Ummm yea, except for one small problem.....you arent a licensed lender!! :roll:


lrhall41

Submitted by volleyballmom on Thu, 02/21/2008 - 08:30

( Posts: 4143 | Credits: )


Also what should I do next????? or should I just wait it out. I really dont want them to contact my payroll people, they just went through the whole wage assignment thing with the other PDL, its quite embarrassing me to have them contact my work. Although in the letter I sent i tell them not to contact them.


lrhall41

Submitted by tayw27 on Thu, 02/21/2008 - 08:32

( Posts: 15 | Credits: )


Hey Volleyballmom I sent the woman that called from the collection agency I believe the same letter I sent to MTE. Im sure she was from the agency becasue when I questioned her about the pdl she said she didnt know the particulars she was an outside agency trying to collect on this debt


lrhall41

Submitted by tayw27 on Thu, 02/21/2008 - 08:40

( Posts: 15 | Credits: )


Don't you just love it when they accuse you of using a form letter and they do the same! LOL They all seem to use the same exact letter.

If indeed your loan was given to a collection agency, try to find out. Odds are it hasn't been and this is just another tactic to try to intemidate you/


lrhall41

Submitted by 2nband on Thu, 02/21/2008 - 08:58

( Posts: 2277 | Credits: )


Yes it will be interesting to see what they say. If anything at all. If they do send you something, look them up, even with the BBB and see what is said. Heck they might even have the same address at the pdl company.

I just thought, you can go to the BBB's main sight and do and "advanced" search and put the phone number in the lady gave you and see if anything comes up, same with looking reverse look up or googling the number.


lrhall41

Submitted by 2nband on Thu, 02/21/2008 - 09:16

( Posts: 2277 | Credits: )


Found them

Phoenix debt management is a collection company specializing in the purchase and collection of delinquent payday loan accounts throughout the United States. Our highly trained associates possess a combined twenty-five years experience in the collection industry and strictly adhere to all Fair Debt Collection Practices Act guidelines. At Phoenix Debt Management, we have a unique appreciation for the difficult situations many of our accounts find themselves in. Our approach is to work with each consumer in a helpful and respectful manner to identify the best possible solution for his or her difficult situation. We strive to be more than just a ???????collection agency??????? and work very hard to utilize fair and creative methods of maximizing our collection results. If your payday loan store has an outstanding debt you wish to recover, contact the professionals at Phoenix Debt Management to learn about our first-rate collection services.

Phoenix Debt Management
PO BOX 11127
Kansas City MO 64119
Toll Free: (866) 504-7548
[email]info@phoenixdm.com[/email]


lrhall41

Submitted by tayw27 on Thu, 02/21/2008 - 09:30

( Posts: 15 | Credits: )


Oh great..yea, PDM has reared its ugly head here a few times.

Send them this:

YOUR NAME AND ADDRESS

ADDRESS TO THE CA

DATE

Re: ACCT#

To whom it may concern:


This letter is being sent to you in response to a notice sent to me dated Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is not a request for "verification" or proof of my mailing address, but a request for Validation of Debt made pursuant to the above Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit Bureaus (Equifax, Experion or TransUnion) this action might constitute fraud under both federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you for the following:

1. Violation of the Fair Credit Reporting Act-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing of any information to credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt.


Thank you,




lrhall41

Submitted by volleyballmom on Thu, 02/21/2008 - 09:33

( Posts: 4143 | Credits: )