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collection agencies and illegal PDLs

Date: Thu, 10/08/2009 - 20:28

Submitted by anonymous
on Thu, 10/08/2009 - 20:28

Posts: 202330 Credits: [Donate]

Total Replies: 9


Hi everyone
just a quick question - how do you deal with collection agencies that collect for illegal PDLs? I got two calls from separate agencies, they both seem rather shady, they both immediately threatened a lawsuit, calling themselves 'law associates' companies etc. However, they do collect for 2 PDL loans I had, however both those loans were from illegal (unlicensed) PDL companies. I asked for debt validation, first I was told that just by asking for it I admit they have a right to collect, and then they said they will send it. 6 weeks later - still nothing. In fact, I did not hear from them yet at all. Still, how to deal with them? The collection agencies are most likely legit, though not too 'professional', but the PDLs were not. Any advise? Thank you.


There are even some legit companies who do not follow the FDCPA (Fair Debt Collection Practices Act). The best thing you can do is arm yourself with knowledge about the FDCPA, this way you will know how to respond when these idiots call you making all kinds of threats they have no intention of falling through with. Google the FDCPA and learn your rights. Also, don't hesitate to file complaints about collection agencies who don't follow the FDCPA.
According to the FDCPA, after this collection agency called you they had 5 days to send you a dunning letter (letter of collection) via the mail so you could exercise your rights. Read about it at the link below:

"http://www.expertlaw.com/library/consumer/fair_debt_collection.html#6"


lrhall41

Submitted by Shazzers on Thu, 10/08/2009 - 20:38

( Posts: 17344 | Credits: )


I am not sure what state you are in but also contact the BBB. I live in Ohio and took out an internet laon with Eastside Lender, a Deleware company. So, according to Ohio law out of state internet PDLs are illegal. I told ESL and their collectors I am filing a compalint with the BBB and Ohio AG. The local BBB forwarded my complaint to appropriate BBB office. ESL stated I owed them over $700 for a $300 loan. I offered to pay the $300 plus two NFS fees (total $350). Once ESL received the paperwork from the BBB and AG they graciously accepted my offer and put it in a letter.


lrhall41

Submitted by wchambe641 on Thu, 10/08/2009 - 21:32

( Posts: 129 | Credits: )


Hi,
I live in PA and the PDLs are PayDayMax and e-Payday-Loan, and the collection agencies are Evans Law (from Buffalo) and I forgot the name of the other one (it's from TX). Anyway, I paid the principal to the PDLs on the loans, then just let them know I am done with them (in a nice way, thanks to this site -:) Now, the agencies want even more than I borrowed, but, as they explained, they are willing to settle for half, which would basically mean to pay the principal AGAIN. I refused and asked for debt validation (again, thanks to this web site). Heard nothing from them yet. Thanks for your advise guys.

BTW, e-Payday-Loan and PaydaMax are illegal - aren't they?


lrhall41

Submitted by on Fri, 10/09/2009 - 06:17

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Just got a message from my neighbor - obviously, he was contacted by One of the agencies with a message for me. So the silence was broken in a way I certainly did not expect. so they did not send the debt validation, instead send messages for me through my neighbor. But at least I know that the collection agency is just as shady as the PDLs.... Well, I guess official complaining is in order. Still, how do you get them off your back if they are so persistent and annoying?


lrhall41

Submitted by on Fri, 10/09/2009 - 10:39

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Quote:

Originally Posted by Anonymous
Just got a message from my neighbor - obviously, he was contacted by One of the agencies with a message for me. So the silence was broken in a way I certainly did not expect. so they did not send the debt validation, instead send messages for me through my neighbor. But at least I know that the collection agency is just as shady as the PDLs.... Well, I guess official complaining is in order. Still, how do you get them off your back if they are so persistent and annoying?


You need to file a complaint with the FTC, let them know that this collection agency violated the FDCPA by continuing to attempt to collect during the validation period, make sure you let them know they have NOT validated the debt.


lrhall41

Submitted by Shazzers on Fri, 10/09/2009 - 11:10

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Thank you Shazzers, I definitely will do so. I am not going to tolerate this kind of practices.
BTW, I checked the PayDayMax and e-Payday-Loan legal status on several of the messages on this forum, and everything suggests they are indeed illegal lenders. I need to be sure they really are, so I do not fight this from a "wrong angle". Where can I find that info? Thank you.


lrhall41

Submitted by on Fri, 10/09/2009 - 11:25

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You can find our if the PDL lender is legal or not is by contacting your state's attorney general. In Ohio online out of state lenders are illegal as the lender needs to be present when the borrowers signs the paperwork.
"No person not located in Ohio shall make a short-term loan to a borrower in Ohio from an office not located in Ohio.", Ohio revised code 1321.36


lrhall41

Submitted by wchambe641 on Fri, 10/09/2009 - 21:59

( Posts: 129 | Credits: )


When I was dealing with CA's over illegal PDL's I listened to what they had to say and let them show their hand so to speak and simply told them this. You are trying to collect a debt from a lender that is not licensed to lend in my state and that I was taping the call and I wanted their license number to collect in my state. They hung up lickity split never to be heard from again. That was a year ago this month.


lrhall41

Submitted by kfstaff24 on Sat, 10/10/2009 - 07:50

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