collectino agency legit, internet paydayloan not....
Date: Mon, 08/16/2010 - 11:17
Question.... Can a collection/law agency come after me if the actual payday loan is not licensed in the state of florida but the collection agency that says they bought the loan over 2 years ago is licesned??
they say they have a 2 year old payday loan where our check bounced and we never paid. He gave us less then 24 hours to pay it plus $1000 of finance fees or he will have to "download"us into the system for charges of fraud, falsifying documents and other check stuff. I know we did use them 2 years ago and if we owe them i am willing to make payments but not for $1300 in 24 hours and after i check my bank staments and stuff!
I checked and his business is Legal Business Enterprises LLC. They are registred in Florida. But the payday loan was EME Marketing and I cant find them registered in Florida. Can the collection agency still pursue me since they are licensed? Or do both the payday loan and colleciton/legal agency have to be licensed? HE said he bough tthe loan, does that over ride the state the original eme was in?
Thanks for any help!
lol Gees, I haven't heard this line of BS for a long time "They
lol Gees, I haven't heard this line of BS for a long time "They will download you". That's a bunch of crap. I will return shortly with more information for you.
EME Marketing is an Internet lender, correct? Was there a check
EME Marketing is an Internet lender, correct?
Was there a check involved?
They aren't licensed to lend in your state, nor are they registered as a CSO.
After you answer these questions I will return with more information for you, so you can plan a course of action.
Have you ever received a dunning letter (letter of collection) v
Have you ever received a dunning letter (letter of collection) via the mail from this collection agency? If not, they are required by the FDCPA (which is a federal law) to send you a letter of collection via the mail, within a 5 day period after they first contact you. This is what i would do, if I were in your situation.
I would tell them you can not talk about an alleged debt over the telephone, and inform them they have 5 days to send you a letter of collection in the mail. In the meantime, you are going to jot down, date, time of call, name of employee and notes about the conversation so that you will have a record of all communication between them. Then, if they call again, threaten you, or ANYthing, file a complaint with the FTC (link in my signature) against them with details of your communication, also file a complaint with the BBB, and make sure you state in the complaints you file, the date and time you received this call, whom it was from, and the nature of the threats, also note that they were informed you had NEVER received a letter of collection and did not admit or deny to owing any alleged debt.
Next step, if you receive a letter of collection via the mail, your next step will be to send them a 'debt validation' letter, certified (nothing else will do), return receipt requested. You will have 30 days from the day you receive this letter of collection to send them this debt validation request, do not wait to send out the request, do it right away. The chances of them validating this debt are slim to none, which means they will NEVER be able to sue you. You MUST keep accurate records of any and all communication with this collection agency, and follow through with the debt validation.