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Cease and desist

Date: Thu, 02/04/2010 - 15:52

Submitted by Matt Taylor
on Thu, 02/04/2010 - 15:52

Posts: 5 Credits: [Donate]

Total Replies: 13


Howdy all, I will try and give all the required info so that you can help me. I live in Kentucky where my (ex)!-girlfriend took out two payday loans for 255.00 each from CashTyme and Check into cash. These were drawn on our joint acount. We have since broke up and they have begun contacting our place of employment and contacting the people she has put on their Closest relatives list demanding that she ( ergo) I - as it is our joint account - pay up. She has moved back to CA and I am still in KY but want to keep my bank account, however, my question is this: I guess I will pay them but will a cease and desist letter work for a company that has not employed a collection company. I believe that the person calling identifies themselves as an employee of cashtyme and/or check into cash. Just wondering if there is a way to get them to stop harrassing me until I can pay them back - or best case my ex sends me the money to put into our account to cover the consistently bouncing checks she wrote them.
They say to [EMAIL="*@#$%"]*@#$%[/EMAIL]! in one and and wish in the other and see which fills up first, which is where I think i am on her sending me any money ;(

Any help is appreciated.
Thanks,
M


Thanks for the info. But that doesnt seem to stop them from harrassing the people she put down as contacts which includes my family members and my work. Can a cease and desist letter at least stop that? I have heard that those are not effective when it is not a third party collection company.
I appreciate the help,
Matt


lrhall41

Submitted by Matt Taylor on Thu, 02/04/2010 - 17:49

( Posts: 5 | Credits: )


i would sent it, i am not even sure if these loans are legal! someone more familiar with your state laws will know that. is this bank account closed? if it is not, i would recommend it, it is the only sure way to stop them from getting your money.
they have no right to harass her contacts (or her, for that matter). I would refuse to speak to them and send them a cease and desist letter asap.


lrhall41

Submitted by bea2ls on Thu, 02/04/2010 - 18:28

( Posts: 3840 | Credits: )


Quote:

Originally Posted by Matt Taylor
they are storefronts. I plan on sending a c and d letter certified mail today. Anybody have a link to a couple samples tailored to payday loan places?
thanks again,
Matt

You do realize that cease and desist only applies to third party collectors, however, once you have told the original creditor not to call you at your work place they must abide by that, but they can call you at home.


lrhall41

Submitted by Shazzers on Fri, 02/05/2010 - 07:22

( Posts: 17344 | Credits: )


You can send them an ACH revocation, in the letter make it clear that you are not responsible for the loan and forbid them to debit any monies from your account, then take the letter to your financial institution and show them you have revoked these lenders rights to debit your account any longer, per the EFTA law.


lrhall41

Submitted by Shazzers on Fri, 02/05/2010 - 07:24

( Posts: 17344 | Credits: )


Thank you for the advice. I got the cesse and desisit letters done and I will go my my bank on monday to revoke the debit authority. Will post results when finished. Again, you guys are awesome. Thanks for all the help. FYI, my bank is Republic Bank in Louisville, Ky. I guess we will see how they respond.
M


lrhall41

Submitted by Matt Taylor on Sat, 02/06/2010 - 05:38

( Posts: 5 | Credits: )