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apple pay day

Date: Wed, 07/02/2008 - 11:05

Submitted by anonymous
on Wed, 07/02/2008 - 11:05

Posts: 202330 Credits: [Donate]

Total Replies: 13


I took out a loan from Apple Fast Cash in October 2007. I purposely defaulted when they would not make payment arrangements. I am having quite a time with them. I have made payments however they refuse to send me a debt validation letter. They are stating that they have sold my account to a collection agency and no longer have any information on me. When i got my letter from the collection agency over $400 had been added on. Collection agency didnt add those fee's Apple did as rollover/extension but collection agency doesnt have payment or account history information. I sent the collection agency and Apple a debt validation letter it has been almost a month and Apple is being non-complient. So I filed a BBB complaint against Apple and the collection agency. Apple responded to that but said I was lying that they have attempted to contact me and that I have paid nothing but still they have no records left over since they are no longer trying to persue collections...I live in Minnesota. Apple said that I only owed 300 and I am making up the 937.50 balance i have documents to prove otherwise. I filed a attorney general letter with MN and New York and Kansas the states that Apple, Myself and collection agency are located in. The collection agency told me that they will not contact me again if Apple doesnt respond. How long do I give Apple to respond it has been almost a month? I am not sure how aggressive to be since the collection agency said I wont hear from them again if no debt validation letter comes do i drop it? Do I tell collection agency that Apple said they are not trying to persue collections that my loan was written off on 1/4/08. Indeed Apple is not trying to persue collections but a collection agency is. How doI handle this?


It's against Federal law for them (the collection agency) to proceed with collections during the validation process. If they can't or won't validate the debt and prove it's yours, and prove how they came up with the amount, then they won't have a leg to stand on in court. Just make sure you keep a copy of the validation letter you sent to them, I hope you sent it certified, return receipt requested so that you will have proof they received it? Did you send this validation letter to them within the 30 day window, or did you even receive a dunning letter from them? If so, then I wouldn't worry too much about it until they validate that debt. There isn't much they can do until they validate it, and if they don't and try to sue you anyway, take your proof to court showing they proceeded with collections during the validation process and are violating Federal Law by doing so. The judge will be forced to throw it out of court on that reason alone.


lrhall41

Submitted by Shazzers on Wed, 07/02/2008 - 11:17

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i posted the previous thread but it took nearly the entire day to post so I redid it thinking it didnt work...Please don't bump my thread I want some asssitance with this. I truly hope my payday loan never goes to court.

My debt validation was requested in my BBB complaint as part of my settlement and I did offer them a 30 day window but I wasnt sure if there was some legal time frame that they are allowed here?

Do i forward my letter from Apple to collection agency stating that my account was written off? please help


lrhall41

Submitted by on Wed, 07/02/2008 - 16:13

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thanks I wasn't sure...I am in MN and yes it is an internet loan company. They admitted to rolling over which is not ok in MN. They also borrowed me $450. MN law says $300 max. They are trying to tell me that they only now borrowed me $300. My bank statements say otherwise! I refuse to pay them a cent more without a debt validation letter because they have lied about quite a few things
1-amount borrowed
2-date borrowed
3-amount of times they rolled my loan over
4-that they turned my infor to a collection agency-somebody did!

Funny thing is when I call to get info I get accurate inofrmation when I request it on paper they cant produce. WHen I I call they tell me that they tunred it over to collections and give me address and phone yet they told BBB that I made it up and they wrote off debt...That is great if they did but I am thinking it didnt work that way from the letters that I get in mail from collections.


lrhall41

Submitted by on Wed, 07/02/2008 - 16:57

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If you have all the documentation to back you up, I would say you are good to go, let em' try to sue you, I doubt they will. And if they do, they're in BIG trouble. The collection agency still has to validate, don't give them a red cent until they do, and make sure it's proper validation. :wink:


lrhall41

Submitted by Shazzers on Wed, 07/02/2008 - 17:09

( Posts: 17344 | Credits: )


Also, You should have your response from the BBB in writing where they state they are writing you off. And with the Collection Agency not validating your debt properly..I would send a letter to the CA saying you have opted to work with the original creditor and the original creditor has written off your debt..case closed.


lrhall41

Submitted by RoxyNY on Wed, 07/02/2008 - 17:19

( Posts: 4178 | Credits: )


In my complaint to BBB I requested proof that they were licensed to lend in MN so far I have received nothing. The CA did tell me that they ordered media from Apple Fast Cash but have yet to receive anything that was 6/11/2008. The CA told me that if they didnt receive anything from them that I wouldn't hear from them again/case closed. I was sent a paper letter from BBB/CA about that. Do I tell the CA that I also filed a complaint against Apple and Apple responded saying that I am lying about everything and give CA a copy of the BBB report from Apple? Or just wait for Apple to be non compliant? I need to accept or decline the CA response and I dont know what to do? I am thinking accept under the conditions that I need to hear from them by 7/11/2008 that is a month 30 days from their original notification.


lrhall41

Submitted by on Wed, 07/02/2008 - 20:46

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Ok....here is my thought process....You have a written response from the bbb where Apple is writing you off. I would send this to the CA. Also, if Apple is not licensed to do business in any state (in MN, an internet pdl has to be licensed somewhere to be operating legally) then they are in violation of the MN laws and the collection agency has no grounds to collect. I would send the CA a letter telling them they are attempting to collect a debt for an unlicensed and illegal business according to MN law, and in addition, the pdl has sent notification to the BBB that they are writing you off. I would attach your bbb response and be done with all of them. There is not much the CA can do to you if the business is writing you off and is not operating legally. BUt if you also feel the need, you can send a second request for debt validation. I do not get why the CA is waiting for something from Apple....you have that...send it to them. I would also send all of this certified return receipt. Monitor your credit report and if it ever shows up on there you have all your documentation and proof you sent the letters for a dispute.


lrhall41

Submitted by RoxyNY on Thu, 07/03/2008 - 05:57

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roxy,you are not at all rusty.i couldn't have put it better
myself. :D 8)


lrhall41

Submitted by paulmergel on Thu, 07/03/2008 - 06:04

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