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Cashland is suing me

Date: Tue, 10/07/2008 - 09:49

Submitted by kporter90
on Tue, 10/07/2008 - 09:49

Posts: 58 Credits: [Donate]

Total Replies: 16


Cashland has filed suit against me. I was paying them through Town and Country. T & C sent me an email a while back showing the payments they had made and how Cashland did not send them back. Doesn't that mean they have accepted the arrangements and can't sue me?


I am curious how long it took for Cashland to file suit. I currently have a loan out that will default soon and I am wondering if they will work with me to pay it back and how long I have to do that....I wonder if they will take installment pymts after the check doesn't go through?

thanks for any advice on this.... :)


lrhall41

Submitted by cheek.la on Tue, 10/07/2008 - 10:26

( Posts: 86 | Credits: )


I got the papers from the court last week. I filed my answer this past Friday. I don't know if T&C have been notified since I included them in my answer. Should I let them know also, or let the attorney for cashland do it?


lrhall41

Submitted by on Tue, 10/07/2008 - 11:46

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Storefronts are different from internet lenders. They're licensed (usually) in your state, are holding a dishonored check and it's a short drive to the small claims court. Very few of them actually sue, though, and I'm real sorry it happened to you kporter.

Settlement and consolidation companies (I believe T&C does consolidations rather than settlements) aren't law firms and don't represent you in court. (Even the ones that claim to be law firms usually have a disclaimer in the retainer that says their representation doesn't cover court appearances.) You did the right thing answering the complaint since Cash Land would have gotten a default judgment otherwise. I'm not sure what defenses you have but most small claims courts will try to mediate the case before the judge hears it so maybe something can still be worked out. You should make sure T&C knows about the case too, and not rely on the court to send them anything. They're a pretty reputable company and even though they can't go to court for you they may be able to negotiate something for you with Cashland's attorney before you get there.


lrhall41

Submitted by FreakyFriday on Tue, 10/07/2008 - 13:39

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FreakyFriday - if the account has been in consolidation and payments have been made, why would they take someone to court? I know with credit card consolidation, the creditor accepts a proposal from the consolidation company and that is how they get repaid. I didn't think that collection activity continued in that case.


lrhall41

Submitted by cntrygirl63 on Tue, 10/07/2008 - 13:45

( Posts: 55 | Credits: )


Without knowing the details of this particular case, it's tough to answer exactly why Cash Land did it. With consolidation you put money into a pot and the consolidation company whacks it up pro-rata to the creditors. But there is no requirement that the creditors accept it. Many don't if the share they are offered is some small amount like $5.00 per month. And if they don't accept it, they're free to proceed anyway they legally can.


lrhall41

Submitted by FreakyFriday on Tue, 10/07/2008 - 16:15

( Posts: 490 | Credits: )


I would also contact T and C and ask for copies front and back of their cancelled checks to Cashland on your behalf. Showing these checks will show that A. they cashed them and B. they have accepted your arrangement. Make sure your name is in the memo section of the check, so it's proof that the payment was to settle your account. Bring copies of these checks to court to show to the judge.


lrhall41

Submitted by kscornell on Tue, 10/07/2008 - 17:38

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I used to work in the Collections office at Cashland. They have various reasons for filing suit from length of time the debt has been out..number of times you have promised to pay and did not etc. At Cashland they do not work with debt consoliation companies . They will cash the checks but that does not mean they have accepted it as an arrangement to satisfy the debt. My advice...go to court and tell the judge plan on paying. Worst case scenario they will garnish your check to get payment.


lrhall41

Submitted by on Mon, 10/20/2008 - 08:43

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well,if your company cashed the checks and didn't even put it towards the balance.i don't see any judge that would rule in your favor.it could probably be dismissed .the suit.then i would file a countersuit against you.


lrhall41

Submitted by paulmergel on Mon, 10/20/2008 - 08:59

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Cashland does not accept payment arrangements with ANY debt consolidators. I is not an acceptable payment arrangement. I mean come on.. you took out the loan and was going to have to pay it back 2 weeks later. $25 a month is not and will never be acceptable. They do put the money towards your balance but if your balance is $250 or more they can sue you at any time they want. I worked for the collections and the legal dept there. Trust me... they can and will sue you whether your using T&C or not. If the account is being handled by a debt consolidator, that is one thing that they look for to send it to the legal dept. They can and will garnish your check and put liens on property. Don't take out a loan u cant pay back on time and u wont have that problem...I heard all the excuses from people on a daily basis... I didnt care what excuse u had.. if you dont pay, youw would either be sued or passed along. We called people every single day and if you make them mad they will call you every day at 8am every morning or at 855pm every night. Legally they ARE allowed to call you on your home number, cell nmber, work number, your mothers number, your neighbors number to get ahold of you. Thing is they can call those numbers everyday 1 time a day on each number.... but if they are calling for a reference then they can only call once unless given permission to call back or they suspect the reference has new info on the debtor...


lrhall41

Submitted by on Fri, 11/07/2008 - 21:02

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Ok let me chime in here. T & C is a good company, HOWEVER, they really can't do anything for you that you can't do for yourself. For PDLS, I found that they really didn't help. They said they worked with the PDL, however what they meant was "they would send them payments" The PDLs most of them (store front especially), won't work with them, as the post 2 up says, they will cash your payments, but they will continue to call and call and call until you break....If you don't break they will take you to court. As far as your credit cards go and T & C, again they will make your payments for you, but the payment amounts are not really that much lower than you are already making, the creditors normally do reduce the interest rates, but you are paying T & C about 10% of your total debt a month so they can "mail your payments" for you.

I had to figure this out the hard way. I ended up taking all my extra money and paying off my PDLS ASAP, let my credit cards go, and now....Well I'm about to file Chapter 13 to take care of the rest. WHAT A MESS!

Save your money and do it yourself...


lrhall41

Submitted by lmale on Wed, 11/12/2008 - 19:36

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You will not find a website for T&C on the web, they don't have one.

Lmale is right about T&C, everything they do, you can do. All what they really do is mail out payments to your pdl. Some PDL will work with them, some will not. I am still using them and after looking back I should of done it myself. Even using T&C, there is still work you should do. I always ask them for a list of payments they made and their account balances. I audit them once a month to make sure they are doing everything correct. So, in a since, I should of done this myself but I had way too many pdl. T&C will not prevent you from getting sued. I had one PDL take me to small claims but always had it delay as a check came every month. But, T&C was very helpful to me when I signed up with them. I saw T&C as the only way out of my mess.


lrhall41

Submitted by Ryan_N on Thu, 11/13/2008 - 05:56

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