California help
Date: Thu, 07/01/2010 - 12:07
My name is Kelly. I am located in California and I have three outstanding loans from internet companies:
1.) Ace Cash Services:
Original amount borrowed: $400
Paid to day: Unsure - I have closed that bank account and they have refused to give me an accounting history. I am sure it is close to or exceeds the amount originally borrowed however.
2.) Ameriloan:
Amount: $350
Paid to date: $185
3.) Instant Cash:
amount $350
unsure how much has been paid back. They have referred this account to a collection agency by the name Accounts Receivable Management (ARM) located in Florida.
I have closed the bank account that was originally used in the loans. What can I do to stop the harassment at work and on my cell phone?
In order to stop the harassment you need to send them a cease an
In order to stop the harassment you need to send them a cease and desist letter via fax or certified mail.
More info
Quote:
Originally Posted by OVLG Attorney In order to stop the harassment you need to send them a cease and desist letter via fax or certified mail. |
Are the loans legal? What are my rights with each of these lenders? I know they have loaned me more than the amount allowed by law? What can I do to get these settled without having to pay double or triple the amounts?
Hang on Kelly, I will do a little research and get back with you
Hang on Kelly, I will do a little research and get back with you, with answers to your questions. :)
Instant Cash in the only legal lender you have, they are license
Instant Cash in the only legal lender you have, they are licensed to lend in your state and are listed in the licensee data base.
http://www.corp.ca.gov/FSD/licensees/default.asp?flag=1&srchtyp=contains&licstatus=active&busname=instant+cash&id=&lictype=&city=&state=&zip=
The rest of your lenders are NOT licensed to lend (as required) to your state residents. More info to follow.
Quote:Originally Posted by ShazzersHang on Kelly, I will do a li
Quote:
Originally Posted by Shazzers Hang on Kelly, I will do a little research and get back with you, with answers to your questions. :) |
Thank you so much! I will check back in a few hours or sometime tomorrow.
Well, ARM is a horrible collection agency to deal with, but you
Well, ARM is a horrible collection agency to deal with, but you do have rights, so I am going to walk you through them.
Have you ever received a letter of collection via the mail from ARM?
If you haven't, then you need to tell them the next time they call, they are required to send you a dunning letter (letter of collection) via the mail within 5 days of their first initial contact with you, 5 days, that is a federal law (FDCPA) see the link below about the FDCPA!
http://www.fair-debt-collection.com/index.html
From now on, I want you to keep records of ALL communication between you and ARM. Keep a journal by you phone, when they call note the time of day and date they called, ask for the name of the person calling, also ask for an employee ID, they may not have an employee ID but it doesn't hurt to ask, you want to get as much information as you possibly can so that you can keep accurate records of your communications. Make sure that the representative knows you are keeping track of all the conversations you have with them, and what the conversations consist of. Keep notes about the conversation, what you say, what they say, if there is any threats or harassment, keep accurate records!
Once you have told them you will not discuss this alleged debt over the phone until you receive a letter of collection via the mail, make notes of it, and tell them not to call you again until you receive a letter of collection through the mail. If they continue to call you, immediately file a complaint against them with the FTC:
https://www.ftccomplaintassistant.gov/
In this complaint, note that you informed this debt collector not to call you again until you received a letter of collection in the mail on such n such a date, you will have all your notes to refer back to so that you can file a detailed complaint. This will also protect you if the debt collector tries to say they sent a letter, when in fact they didn't, because you will now have proof that you filed a complaint.
IF and when a letter of collection comes, you will then need to send them a debt validation request, certified, return receipt requested, that is VERY important, ALWAYS send any communication certified, this also provides you with accurate records and PROOF! Once that letter is sent and they receive it, and you receive a green card with their signature, they can NOT call you or make ANY collection efforts again until they validate this debt!
As far as the unlicensed lenders, CLICK HERE to find out how to
As far as the unlicensed lenders, CLICK HERE to find out how to deal with illegal lenders.