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can a debt collector get me for check fraud for closing my b

Date: Mon, 03/24/2008 - 16:39

Submitted by peanut_minpin
on Mon, 03/24/2008 - 16:39

Posts: 3 Credits: [Donate]

Total Replies: 6


can a debt collector get me for check fraud for closing my bank account with a payday loan still owed?


peanut - this sounds like a scare tactic often used by PDL companies. In order to charge you with fraud, they would have to prove intent - that you INTENDED to defraud them when you took out the loan and then closed your account.

Can you post the following information about your payday loan(s) so we can possibly help you get out of the endless cycle of payday loans?

-state you live in
-names of all payday lenders you are dealing with
-amount borrowed (principal only)
-amount repaid so far (including principal, fees, interest, etc.)
-whether the loans are internet or storefront based

With that info, we can help you determine if you have already paid the loan(s) in full and whether the lenders are operating legally in your state.


lrhall41

Submitted by SUEBEEHONEY70 on Mon, 03/24/2008 - 17:47

( Posts: 4583 | Credits: )


To reply about my payday loan.
All I know is that I had a payday loan about a year or so ago from payday max and believed as far as i knew that it was paid off. I had closed my bank account because i was having continuing charges that i knew nothing about nor could the bank track were it was coming from. didn't know if it was the payday company or not. I couldn't find anyway to get a hold of them to find out if it was them or not. So i closed my account and never heard anything form them at all. Now yesterday I got a call it came from New York it said on the caller id and the guy said he was going to have a summons for my arrest for check fraud although i didn't actually right a check but i made a agreement to have money taken out of my bank that was still check fraud. I told him to send me something validating my debt. So he emailed me something which said it was payday max now is with national credit adjusters. I freaked out all day long not knowing what to do or if the could come arrest me. So i called back to make an arrangement and they answered the phone and i told them i would pay what i owe and the guy said we only deal with criminals here and then i gave him my name and he said i had 3 bad checks or really 3 bad ACH charges that couldn't go through because i closed the account. Then he said my name was on the docket to go before a judge and all this other stuff. The never gave me their name or who they were only that. Then the guy said well your young and if this wasn't intentional we can help. And he transfered me to a paralegal in the office who could help me. I am so confused. I dont know who they are or what is going on. I know they are out of new york and i know the company name but thats all i know. Im confused. I dont know if i should pay them or is this a scam or is the police really coming after me. If this is a scare tactic its working and it doesn't seem like its legal for them to do that. Please help anyway you can before there people call me back this afternoon.


lrhall41

Submitted by peanut_minpin on Tue, 03/25/2008 - 05:01

( Posts: 3 | Credits: )


for a year?suebee is right,just a scare tactic.for them to claim fraud would be difficult if not impossible to prove.especially over that long a period.


lrhall41

Submitted by paulmergel on Tue, 03/25/2008 - 05:05

( Posts: 15514 | Credits: )


The call coming from New York is also a scam. They are manipulating the numbers, because there are several payday lenders (internet, and all of them illegal) using the same phone number from "New York" - it's actually outside the country. They're hijacking phone numbers so if it's traced, it goes back to New York - and then disappears.

Trust me, I had a phone technician do it for me when an illegal PDL called my workplace every 10 minutes for the better part of an entire day - until they realized I wasn't going to fall for the "you had a $200 loan over 2 yrs ago and now you owe us $4000" trick.

Call your bank and talk to the branch manager - ask them if they can have you arrested for check fraud over this - I guarantee you the answer will be "NO".


lrhall41

Submitted by SUEBEEHONEY70 on Tue, 03/25/2008 - 09:13

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wanted to let everyone know first of all thanks for the information. Also that i called the consumer department of banking here in my state and they told me first payday loans are illegal in the state, second the company is not license in this state, and third there was no way this company could have me arrested for fraud. Which almost makes me feel relieved. The company has yet to call me today as they said they would so maybe who knows they backed off. I doubt it. The department of banking had me file a compliant on line with them and also told me to send them a cease and desist all contact letter and they will have to stop contacting me. So am in the process of that now. So i am still not completely convinced that these people are not up to something i just hope for my sake something bad don't happen. Still any help as to anything else i can do please keep writing. An again thank you everyone for everything.


lrhall41

Submitted by peanut_minpin on Tue, 03/25/2008 - 10:34

( Posts: 3 | Credits: )


peanut -

the best thing you can do here is stick to your guns with this issue. When and if that company calls again, have your state law handy and cite it to them. TELL them that PDL's are illegal in your state. TELL them that you know they are operating illegally by lending into your state. TELL them that you have filed a complaint against them with the state.

TELL them all that...then TELL them what you TOLD them. LOL :lol:


lrhall41

Submitted by SUEBEEHONEY70 on Tue, 03/25/2008 - 14:15

( Posts: 4583 | Credits: )