C & D, & DV letter questions, and what now?
Date: Sun, 04/20/2008 - 19:20
1. Impact Cash - Responded to the BBB complaint and not surprisingly, disagreed with it. They said I've been referred to their "special accounts" department. I then received an email and a phone call (at home) message from a "special account" collector. She was not rude, but I emailed her back stating that I was only going to pay the principal, disputed the illegal fees, and was willing to communicate with her via email only, to work out a reasonable payment schedule. I also gave her the "cease and desist" business, and said that if they ever called me at work or continued to attempt to collect on the illegal fees, that I would be forced to complain to the AG of her state, and the FTC. It's been about three business days, and haven't heard anything more.
2. United Cash Loans - No response yet on the BBB complaint. No phone calls, letters, emails. Nothing. My contact at the ODFI sai that the owner is in England and owns several PDL's and there's not much he can do because they're offshore. They refuse to comply with Oregon law.
3. Total Lending - They responded to the BBB claim and disagreed, of course. My response to their response was very firm, but I did offer to pay the principal amount only. No response. I also got an email saying they've turned my account over to a CA called AIS (I do have the contact information), but I haven't heard from TL since. I've had no contact with AIS to date.
4. Eastside Lenders - No response yet, although I filed with them last. I offered to pay the principal amount only in my complaints.
OK, so as far as DV letters go... I've looked at the "do-it-yourself" examples on this site. But they seem to be tailored to collection agencies. Do I just send it to the one CA so far, and any other CA's that may come up, or do I do it with the original PDL's as well? The examples ask the CA to return the debt to the original lender, so I'm not clear on this one. Also, the example talks about reporting to the credit bureaus, and none of them have done this yet as of a couple days ago (I checked with all three credit bureaus). Also, since I am only disputing the fees, do I still ask for the entire debt to be validated, even the principal amount I'm offering to pay back?
Same thing regarding the C & D letters. Do I send them to just the CA, or also the original PDL? The examples are to a CA.
Because certified mail is expensive, can I send the DV letter and the C & D letter together, in the same envelope?
I am still holding the FTC complaint card and the AG complaint card close to the vest. That way, I can use it as leverage in "negotiations" if I haven't filed them yet. I referred to them in a couple of the letters as " ... that would force me to take the more drastic measures of filing complaints with the Attorney General of the state of ...., and the Federal trade Commision." "But I would like to resolve this amicably, etc..."
Any advice on how to proceed at this point would be much appreciated. :D
Gold, most of the DV letters floating around in the threads hav
Gold, most of the DV letters floating around in the threads have a c&d clause in them so you would not have to send out two letters...The DV letter goes to the CA. You really do not want the CA to return the debt to the original creditor, with the pdls, the CA will not be able to validate the debt, which is better for you. I would be willing to share the letter I used for the CA's with my pdls. Just pm me. The DV letters worked in my favor. As for the AG, I filed with my state AG and I also filed with whoever regulated the pdls in the state the pdl was located in. In some cases I think it helped.
OK, but what if the debt is still with the original PDL? Do I s
OK, but what if the debt is still with the original PDL? Do I still send a DV letter? If so, how do I word it differently than in the examples? How do I word the C & D letters differntly than in the examples on this site if it's with the original creditor? Please see my questions in the initial post.
I got a call today at work and at home from United Cash Loans, and they were VERY rude, saying I signed a contract, blah, blah. I told them they were illegal, and they said I signed the contract. I asked him not to call me at work and he said "you can send in a cease and desist letter for that". He was very rude and I told him this conversation was over. I also told him that I would agree to repay the principal amount only, but he cited the contract again. I told him the contract was null and void, and he made a sarcastic remark. Really rude guy.
Hello you little devil! You are most certainly correct. Unite
Hello you little devil! You are most certainly correct. United Cash Loans is part of MTE.
Gold, As for the cease and desist all you need to put is this....
I prohibit you or your affiliates from contacting me via telephone at my place of employment or my home telephone number. I also prohibit you from calling my references listed on my loan. Once I inform you of this, you must stop the telephone contact immediately or you will be once again breaking the laws of the state of YOUR STATE.
If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
Thanks. OK, on United Cash Loans, do I send the C& D letter to
Thanks. OK, on United Cash Loans, do I send the C& D letter to the UCL address, or to MTE's address?
Do I send a DV letter to UNL/MTE, or is that just for a CA? If so, what do I say in it if their the original creditor? The examples on this site are for a CA.
Thing is, with the original creditor, they have every right to c
Thing is, with the original creditor, they have every right to call you about your debt. They can't harrass you, but you cannot tell them they cannot contact you by phone and that they must comply. You do have the right to have them not call you at work.
Also, be very careful - It's treading dangerous waters when you
Also, be very careful - It's treading dangerous waters when you imply that if the pdl doesn't do what you want, you will report them to the AG. It could be considered extortion, and put you in a far worse place then you already are in.
You should report them right away to the AG. The AG needs to know about these companies, and the more complaints they get, the more likely they are to take action against them. It shouldn't be a bargining tool, it should be automatic when a company breaks the law.
OK. Thanks for the advice G. I'm learning as I go here. So if
OK. Thanks for the advice G. I'm learning as I go here. So if it's the original creditor, I can only tell them that they cannot call me at my place of employment, but not anywhere else (they can continue to call me at home, cell, or call my references/frieds etc.)? Thus, I should only refer to calling at work in the C & D letter if it's the original crditor, but if it's a CA, I can request them not to contact me via phone anywehre?
BTW, I just got an email from Impact cash saying they are willing to settle for the principal amount of $200 because they received my BBB complaint. I asked for a "reasonable" payment schedule, but they haven't responded yet.
Unfortunately, regarding the issue of possible extortion, I did already use the AG and FTC references as possible future actions I may take if they continue to try to collect on the illegal fees with all four of the above.
You can also request they not call your references, but I'm not
You can also request they not call your references, but I'm not sure what the law says about that one . . . . I do know that you can request they not call you at work. But they are allowed to call you at home or such, just not excessivly or with the intent to harrass.
If it's a CA, then the fdcpa applies. With that, you can request no phone calls at all.
I would just go ahead and file with the AG . . . . That way if they were to possibly try to say it's extortion, you can show that you had already filed the complaints. Plus, the complaints are important - The more complaints they get, the more likely they are to do something about the problem.
Thanks G. Wow, this morning has been the morning for the PDL's.
Thanks G. Wow, this morning has been the morning for the PDL's. I've heard from every one of the above. I just made arrangements with the CA (Phoenix debt management collecting on behalf of AIS collecting for Total Lending). I made a $50 payment over the phone (with a credit card, not going to give out the checking information!). They charged a $10 processing fee as well! I have the 2nd and final payment for $160 to be sent via Western Union on May 3rd - with another $10 processing fee!- and then I will be done with Total Lending. So they are taking the $210 remaining principal instead of the $300 they were saying I owed, and she assured me that TL agreed to accept the $210 and cannot come back and say I owe them the $90 or more than that since they now own the debt. She also said that once I make the final payment she would send a PIF letter and that they would put in writing that I would not be reported to any of the credit bureaus or a check reporting agency.
I just need to hear back from Impact Cash regarding the timing of the payments to pay back the $200 principal.
UCL looks like it could get ugly based on the phone call I got this morning. They concern me. I have not heard good things about them to say the least.
Finally, Eastside Lenders called me at work and home today, even after I asked them verbally - twice - not to call me at work ( I know, I need to get a C&D letter out). I called back and it was going well until she told me the amount due and then I tried to explain what I was going to pay, and she hung up on me! I called back and got the same lady. I said I was trying to get the moneygram information. She said she would email it to me and then immeditaely hung up on me again. She did send it to me. But then it said balanced owed $505!!! My stance was that the first loan I took out with them, I payed off and payed $150 in illegal fees. I took out a new loan for $300, of which I've made no payments on because I closed my bank account. So my claim is that I owe them $150, not $300 - the $300 principal on the 2nd loan less the $150 payments in illegal fees on the first loan. How did they get to $505!!! Regardless, I'm only sending them $150 and sending out a C & D letter right away and filing the complaint with teh AG. She was claiming, of course, that they are in Delaware and that the contract says that their law prevails and that I signed the ocntract, blah, blah.
So, I guess my first order of business is to send out C & D letters to UCL and Eastside. Impact Cash and TL look like they will be resolved amicably, although Impact hasn't gotten back to me to confirm that a payment schedule is acceptable.
Oh, anyone have an address to send a C & D letter to United Cash
Oh, anyone have an address to send a C & D letter to United Cash Loans? Is it the UCL address or the MTE address?
Thanks. :D
is that true about the previous loans? I paid close to a thousan
is that true about the previous loans? I paid close to a thousand for two of the three companies i owe.. i was just gonna let it go..