cash advance usa
Date: Sat, 07/05/2008 - 15:33
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You should be aware that writing fraudulent checks can come with both civil and criminal penalties, such as possible jail time and fees.
We helped you with credit and you have neglected to settle the debt in a timely manner!! Your outstanding balance with us is $275 ! It is of great importance that you understand we transfer customers to our out source Legal Agency that will affect your check writing privileges and additionally land you into legal trouble if you do not comply with the payment plan set up!!
All of your information listed below can and will be transferred to several COLLECTION AND LEGAL AGENCIES:
Social Security Number
Address
Home Phone Number
Work Phone Number
Fax Number
Work Supervisor
Relatives phone numbers
Friends phone numbers
Bank information
Your name is in the report that will be sent to our COLLECTION AGENCY!! To avoid the sharing of all your personal information to various legal agencies for collections you must send us your first payment of ONLY $40 in form of a Money Order by July 7th, 2008!!
You can also pay through a Checking or Savings Account to make automatic debits only on dates you wish to be charged, JUST EMAIL ME BACK OR CALL ME AT MY TOLL-FREE NUMBER!!!
Send your Money Order or Cashier's Check to:
Cash Advance USA
PTY 741
P.O. Box 025724
Miami, FL 33102
Fax a copy of the Money Order to our toll free fax no: 1-877-520-4308, with your ssn to assure the payment money order has been purchased and will be sent out.
PTY 741 P.O.BOX 025724 MIAMI, FL 33102
Phone: (866)840-0440 / Fax: 877-520-4308 Email: legal (@) cashadvanceusa.com
Confidentiality Notice: This message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
reply
one question,how much was your one payment?also save that
e-mail.threatening to give out your personal information is
illegal.if i were you i would file BBB,AG,and FTC complaints.
print that email and send it along with your complaints.since it
sounds like they are the original creditor validation doesn't
apply,but they are from the looks of it illegal,so file those
complaints asap.
Actually if they are going to turn the account over to the colle
Actually if they are going to turn the account over to the collection agency and all of that info they listed was part of the loan application, then it is not illegal to turn that info over unfortunately. and Paul is right, if its the original creditor, they dont neccesarily have to validate.
HOWEVER, this email is full of some very empty threats-notice how they capitalize Collection Agency and Legal Agency to try to signify the importance. There is no "legal agency" that affects your check writing privileges, there is however telecheck (NOT Checksytems)which may make it so your check isnt accepted at certain places...but then just dont write a check anymore. Also, I am not 100% certain but I would check into the bad check laws for Minnesota. They note "civil and criminal penalties"..usually its one or the other....they have no idea.
I don't think they can sell your account to several collection a
I don't think they can sell your account to several collection agencies at one time. However, whoever they sell it to can sell it to someone else, etc. So eventually, it could end up going through several different agencies.
cash advance USA
dont they have to provide me with a complete account ledger history if I should so request? I think it is unfair that they should say that I owe a certain amount if they are not able to "provide" documentation
Yes, they definitely need to respond to your debt validation let
Yes, they definitely need to respond to your debt validation letter. Did you send it within 30 days of your first communication from them?
alias, the original creditor does not have to validate a debt an
alias, the original creditor does not have to validate a debt and are not bound by fdcpa guidelines.
Oops, sorry! I didn't reread the original post! But wouldn't
Oops, sorry! I didn't reread the original post!
But wouldn't the original creditor still need to furnish an account history statement if requested?
They arent bound by any law, such as the fdcpa, to do so unless
They arent bound by any law, such as the fdcpa, to do so unless Minnesota has its own collection laws that bound OC's to do so.
So basically, they don't have to follow any laws regarding colle
So basically, they don't have to follow any laws regarding collection practices? I'm not sure I understand how that works. I would have thought that if you ask for validation of a debt, they had to provide it. I may have been mistaken, but I want to make sure I know the laws for certain when I'm talking to these people. :)
reply
you are right guest.OC'S don't have to validate,but CA'S do.plus
threatening to give there information to multiple parties is
against the law.can't do that without the person's consent.
giving your info to a CA,nothing wrong with that.giving it to
multiple CA's,JDB'S or anybody else violates the privacy clause
in each contract that seems to be nowadays.
Quote:So basically, they don't have to follow any laws regarding
Quote:
So basically, they don't have to follow any laws regarding collection practices? I'm not sure I understand how that works. I would have thought that if you ask for validation of a debt, they had to provide it. I may have been mistaken, but I want to make sure I know the laws for certain when I'm talking to these people |
If they are the original creditor, they do not have to follow the fdcpa.
Quote:
you are right guest.OC'S don't have to validate,but CA'S |
I think I have been saying that....
Quote:
threatening to give there information to multiple parties is against the law.can't do that without the person's consent. giving your info to a CA,nothing wrong with that.giving it to multiple CA's,JDB'S or anybody else violates the privacy clause in each contract that seems to be nowadays. |
In their email, the contradict themselves many times, however, if they are going to send the info that you placed on your loan application, for collections, then it is not against the law. There is no distinction between JDB's and CA's.
Your state may have specific collection laws around original cre
Your state may have specific collection laws around original creditors....good idea to check.
cash advance usa
So I am confused....Basically since you are saying that they dont have to prove anything to me at this point they can say I owe whatever and I just sit here? I dont want to pay a cent until I get this ledger I want to make sure we are on same page which we are not at this point they are saying I have paid nothing and my bank statement reflects otherwise.
You have the right to request a payment history with them. Botto
You have the right to request a payment history with them. Bottom line if they are unwilling to provide it and are claiming you paid less file with AG, BBB, and FTC. Send all information supporting your claim, and this hopefully will force them validate at this point. Trust me they are keeping track of your debits, they are just trying to get more money out of you. If they do not reply to the complaints with validation or correct balance then they are SOL :evil: If they take it that far, then I would hire an attorney?
Is Cash Advance USA LEGAL :?:
What about small claims court? You could do that for a $275 debt
What about small claims court? You could do that for a $275 debt. The thing is... they probably wouldn't show up, so you would automatically win. :D
Jen
It will cost them more to sue or even take legal action.
It will cost them more to sue or even take legal action.
You do have everyright to ask them to prove the amount that they
You do have everyright to ask them to prove the amount that they say you owe, but what everyone is trying to say is that the fdcpa act does not apply to an original creditor. Essentially you have everyright however to ask them to prove it tot he same standard to which a judge might hold them to in a civil suit.. which brings me to another issue. they appear to be threatening both civil and criminal action.. that is not going to happen, they may be able to use civil check collection laws to recover the money but there is no state in the US that will allow criminal charges on a defaulted PDL... Their threats appear to be an attempt to intimidate you and that would not hold up in court if it went that far.. keep building your documentation, its your word against theirs... and in court it is the preponderance of the evidence that prevails...or he(she) with the biggest papaer trail wins (most of the time)
