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Question about payments to ca

Date: Wed, 01/20/2010 - 10:55

Submitted by islefan3949
on Wed, 01/20/2010 - 10:55

Posts: 273 Credits: [Donate]

Total Replies: 9


I recently set payments up with a ca for one of my payday loans. The amount was to be for 250 to be split up into a few payments. Looking back over my stuff I realized that I had already made payments to the original payday loan that I had forgotten about. Now my question is with the next payment that will go to the ca on friday and with what I have paid in the past the amount will be more than what the origianl loan was for, I'll still have another payment scheduled with the ca. Do I need to make this payment since the payday loan laws for my state, NY, say that only the amount borrowed will need to be paid back. The orignal loan was for 200 and I made a 30 payment to the pdl and a 75 payment to the ca. My next payment will be for 125, would that cover the balance? Do I still need to make the additional payments that I have scheduled? If I don't can they sue me or anything for the remaining 75 that I have scheduled with them? Thank you for your help.


They are illegal in my state I'm just wondering if the laws are differrent when you're dealing with the collectiona agency as opposed to the pdl themselves. If i have arrangements with the ca do I still need to make that last payment even though I have already paid over the 200 that was the original amount of the loan


lrhall41

Submitted by islefan3949 on Thu, 01/21/2010 - 08:36

( Posts: 273 | Credits: )


I would simply send them the standard DV letter and include the fact that you recently found out that the OC is an illegal lender. I would also include a statement for them to cease and desist contact with you in any form other than via U.S. mail.

You should also send that original PDL company an illegal lender letter and ask for a refund from them of any overpayment you made.


lrhall41

Submitted by OhioGal1 on Thu, 01/21/2010 - 10:13

( Posts: 5253 | Credits: )


I think you have a good chance of getting the $30 overpayment back from the OC. I'm not sure what your chances are with the CA. Although, if you demand a PIF letter from the OC, you could pursue the CA stating the account was already PIF and demand a refund. I don't know how far you'll get with that...

Another option is to sue the CA for violating FDCPA by trying to collect on a PIF debt from an illegal lender, misrepresenting themselves, etc.


lrhall41

Submitted by OhioGal1 on Thu, 01/21/2010 - 11:47

( Posts: 5253 | Credits: )


That's where you made your mistake. You shouldn't have paid the CA but, what's done is done. Just keep your documentation of payments. It's highly unlikely they'll try to sue you for an illegal loan but keep proof of your payments just in case. And tell the CA, you've paid in full as the loan was $200 and you've paid that amount. Tell them you want a PIF letter.


lrhall41

Submitted by OhioGal1 on Thu, 01/21/2010 - 12:44

( Posts: 5253 | Credits: )