Payday Loan Question
Date: Tue, 12/15/2009 - 15:34
I scanned through looking for an answer before posting something redundant.
My question is regarding a payday loan. I live in NY state and the bank was Eagle Financial. Last year I called them to have them debit the 200 i borrowed out of my account and back to them right on time. They never did and my error was that I didn't check my bank account to confirm they took it back. A year went by, the confirmation number they gave me long ago tossed out. A dent collector CMK & Associates called me out of the blue and said they've been trying to reach me (at old addresses, even though my current info was on the payday loan i applied for). The guy threatened me with being charged with fraud and being fired from my job and owing thousands in interest and other charges. I settled on 250 and it's being debited from my account on 12/24.
Has anyone heard of CMK and are they weirdos? The debt is valid (Even though THEY didn't take the money when I called and told them to) but I am pretty annoyed that I have to shell out 250 and deal with abuse over the phone. I have a new baby and a 3 year old and I frankly don't really have the money to dish out, but will do so instead of paying my rent. I have two wage garnishments and I obviously have money issues that I'm attempting to clean up and my hands are full. I guess my question is.. can they just call and talk garbage to me over the phone? It almost seems like extortion. I'm hoping they only take the 250 and nothing more. I intend to leave the 250 in my account and take the rest of my paycheck and close my checking account. I know it could be way worse than 250.. but still. I'm SO strapped.
No they cannot threaten you with arrest or any of the things the
No they cannot threaten you with arrest or any of the things they say! Find yourself an attorney that will sue them and only get paid when you do. These are egregious violations of Federal and State laws. Be aggressive! Fight back! You can do this on your own by sending a cease and desist letter to the collector along with a debt validation letter, but if you have an attorney there is nothing better. They must stop contacting you and they will because it is not worth their time to deal with a lawyer. Most collectors will pay the settlement out of court and move on to softer targets as they are basically scavengers. It is their cost of doing business! Go get em!
Can I do that even if I've already scheduled to pay them? What
Can I do that even if I've already scheduled to pay them? What I'm wondering is if I can take the step back and call them to tell them they can no longer debit my account for the money.
I want to add, I know it's the right thing to do to pay a debt I owe, but they totally screwed me. I counted the hours until I had to pay it back (a week) and I called them to debit the money and they never did it. It's so odd to me. I've never taken out one of these loans before and my debt is mostly medical bills and credit cards that I've unfortunately lived off of when I was younger. I thought this would be easy.. (I've read what some people go through WRT taking out these payday loans).. but this is absurd. I checked with my bank back to 2008 and no debit was taken from the company. There was 200 taken from an ATM it looked like, and I must've thought that was them debiting. My mistake.
At this point I'm kinda broke. Can I just take jotted down notes of my phone conversation to a lawyer with no money and start something? These people need to pay for harassing people like that. I can only imagine the more broke, old, helpless, scared people they've dragged down. This guy told me I'll be paying a thousand if I don't pay the 250.. and now he has my debit info and is gonna take it from my checking account on the 24th.
I seriously feel violated. Ugh. Thanks for the reply. = )
An update for anyone interested. I sent an email to these people
An update for anyone interested.
I sent an email to these people listing all of the wrongdoings and laws broken when their employee was dealing with me over the tele. I also called and revoked permission to debit my account. The guy was really rude and mean and I told him to shut up and confirm that my request would be honored. He asked for my lawyers name and number. I told him if he wants to press further he can meet my lawyer .. in court.
Quote:Originally Posted by AnonymousAn update for anyone interes
Quote:
Originally Posted by Anonymous An update for anyone interested. I sent an email to these people listing all of the wrongdoings and laws broken when their employee was dealing with me over the tele. I also called and revoked permission to debit my account. The guy was really rude and mean and I told him to shut up and confirm that my request would be honored. He asked for my lawyers name and number. I told him if he wants to press further he can meet my lawyer .. in court. |
I am really sorry to tell you this but you REALLY need to get that account closed asap, either that or go into the bank and speak directly to the manager, tell them you need a hard debit blocked placed on your account because you have learned recently you obtained a loan from an illegal lender and fear they will take more from your account then they are due. Now that you have informed these lenders you know about their status they will most likely go into your account and debit LARGE amounts of money. These are nothing more than criminals you are dealing with and will stop at nothing to steal from you, understand that your account will never be safe again. CLICK HERE to find out how to deal with illegal lenders.
shazzers is correct the only way to be safe is to close your acc
shazzers is correct the only way to be safe is to close your account.
Oh no!! I assume that would cost me money to do that. My brain
Oh no!! I assume that would cost me money to do that.
My brain is super scattered.. this is so stressful.
Quote:Originally Posted by AnonymousOh no!! I assume that would
Quote:
Originally Posted by Anonymous Oh no!! I assume that would cost me money to do that. My brain is super scattered.. this is so stressful. |
it is stressful,but the only thing that costs is stop payments,and those don't really work.see the manager to get that done.they will help you.
I owe you all a million. I'll be sticking around this forum to
I owe you all a million. I'll be sticking around this forum to learn and help others. I appreciate it so much.
This is what I'm doing tonight.. Emptying my account. I called the bank and they said a hard block just means i need to call the number on the back of my debit card ("report lost or stolen") and they'll put the block on it immediately and tomorrow i must go sign paperwork in person. She said i can write myself checks in person at the bank and that's it. So my husband is going over right now to take out our money. then i'm reporting the card stolen. is it right that they can still do something where they withdraw the money as though they're using a check?
I will go in person tomorrow to discuss with the bank manager. for tonight i'll be keeping my money stashed under my pillow.
the problem is that our paychecks are auto deposited from work on 12/24 so i can't close my account yet. i'll be over there at 9am that day to clean it out and close it for good. i would like to totally freeze everything until that day, let the paychecks go in, get them, and close it and move on.
i hope "payday loan" is the right term i'm using. it was a one-time loan for 200 bucks a year ago that i got off the internet.
Quote:Originally Posted by AnonymousI owe you all a million. I'
Quote:
Originally Posted by Anonymous I owe you all a million. I'll be sticking around this forum to learn and help others. I appreciate it so much. This is what I'm doing tonight.. Emptying my account. I called the bank and they said a hard block just means i need to call the number on the back of my debit card ("report lost or stolen") and they'll put the block on it immediately and tomorrow i must go sign paperwork in person. She said i can write myself checks in person at the bank and that's it. So my husband is going over right now to take out our money. then i'm reporting the card stolen. is it right that they can still do something where they withdraw the money as though they're using a check? I will go in person tomorrow to discuss with the bank manager. for tonight i'll be keeping my money stashed under my pillow. the problem is that our paychecks are auto deposited from work on 12/24 so i can't close my account yet. i'll be over there at 9am that day to clean it out and close it for good. i would like to totally freeze everything until that day, let the paychecks go in, get them, and close it and move on. i hope "payday loan" is the right term i'm using. it was a one-time loan for 200 bucks a year ago that i got off the internet. |
If it was a loan you obtained that requires being paid off in one lump sum then yes, it's a payday lender.
Shazzers- okay, I wasn't sure. I just reported the card stolen.
Shazzers- okay, I wasn't sure.
I just reported the card stolen. can they force the acct open or try anything else?
Quote:Originally Posted by AnonymousShazzers- okay, I wasn't sur
Quote:
Originally Posted by Anonymous Shazzers- okay, I wasn't sure. I just reported the card stolen. can they force the acct open or try anything else? |
I guess the fact that I have read where so many other members of this forum had problems with BOA makes me skeptical. They are notorious (BOA) for not being very helpful in situations like this. Probably the best thing you can do for yourself is find another bank (even better a credit union) to use. BOA isn't very understanding in these situations based on what other members have posted. Just keep a close eye on them and make them put in writing they will honor your requests. Keep a journal of who you speak with, time of day, date, etc. I would even go as far as taking a notebook along with me and writing in the notebook what they say and make them sign it. Especially if they promise you they won't force open your account.
re: forcing open my account. Ya mean the bank? i'm joining a c
re: forcing open my account. Ya mean the bank? i'm joining a credit union the first of the year.
Shazzers- You're right. Thanks for giving me a hand with this.
Shazzers-
You're right. Thanks for giving me a hand with this. I'll open a new account at the local credit union tomorrow afternoon and have my paychecks rerouted to there beginning the first of the year. There's nothing I can do IRT closing my account until the 24th, as my employer is fixed to send my pay there on that date and I can't update it until my next pay cycle. I guess I'll go to the bank tomorrow and insist nothing come out of my account until I come in to close it on the 24th when I take out my paycheck.
I assume once I close it, it's closed? I vaguely recall seeing that someone closed their account only to find the bank still honoring these "lenders" request for money.
I got an email back from LMK & Associates after I demanded confi
I got an email back from LMK & Associates after I demanded confirmation that they won't debit my account:
(Letterhead, with their and my address, claim #, etc)
"This letter is to inform you that our office will close this account as unpaid and is under review with the Sr. Council. This will therefore close the above mentioned account as "UNPAID".
However, no payments will be run on your debit card and all of your information will be destroyed."
and that was it. I assume it's over now...(although I intend to keep the hard block and close my account in a few days when I can do that)
Has anyone gotten a letter and STILL had them mess with their account? I just imagine them doing that to me and then making up tons of checks to run through because they hate my guts. I'm hoping I scared them because I told them in writing they were reported to the BBB and others and then I listed their offenses of PDL laws and said that if they agreed to leave my account alone and confirm they would, I would not press charges. I also said I'd get a notary for the next letter. : P
Answering your question
Hello
i recently got a call from cmk through my girlfriend who i put down as a reference when i applied for a loan through eagle financial. She called me and gave my the number. I called and they told me i owed the loan amount, plus atty fees and court fees. I told him i paid my loan off through a collection agency. They told me i have to verify it. I found the letter stating that i'm paid in full. I called them the next day and them the account number and the amount i paid. They told me that the account isn't correct. I told them i have a letter stating that i'm paid in full. He told he doesn't know about the letter and i will have to settle this matter by 2.m. Or they will proceed to sue me. I called the place that i orginally paid the bill to. They told me has far as they know my debt is paid in full. She also suggested i fax the letter to them and write a leter to seize and desist. So i know what you are going through. Also i called me about one year after the loan.
Quote:
Originally Posted by anonymous hello there, i scanned through looking for an answer before posting something redundant. My question is regarding a payday loan. I live in ny state and the bank was eagle financial. Last year i called them to have them debit the 200 i borrowed out of my account and back to them right on time. They never did and my error was that i didn't check my bank account to confirm they took it back. A year went by, the confirmation number they gave me long ago tossed out. A dent collector cmk & associates called me out of the blue and said they've been trying to reach me (at old addresses, even though my current info was on the payday loan i applied for). The guy threatened me with being charged with fraud and being fired from my job and owing thousands in interest and other charges. I settled on 250 and it's being debited from my account on 12/24. Has anyone heard of cmk and are they weirdos? The debt is valid (even though they didn't take the money when i called and told them to) but i am pretty annoyed that i have to shell out 250 and deal with abuse over the phone. I have a new baby and a 3 year old and i frankly don't really have the money to dish out, but will do so instead of paying my rent. I have two wage garnishments and i obviously have money issues that i'm attempting to clean up and my hands are full. I guess my question is.. Can they just call and talk garbage to me over the phone? It almost seems like extortion. I'm hoping they only take the 250 and nothing more. I intend to leave the 250 in my account and take the rest of my paycheck and close my checking account. I know it could be way worse than 250.. But still. I'm so strapped. |