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Payday Loan Debt Validation

Date: Tue, 11/16/2010 - 07:46

Submitted by J L B
on Tue, 11/16/2010 - 07:46

Posts: 329 Credits: [Donate]

Total Replies: 15


I sent the debt validation last week. I tracked the letter and it was delivered yesterday. How long does the CA have to respond with the documents requested? Secondly, I know the loan was illegal. What do I do IF they provide an agreement between them and the PDL, the internet contract, and a payment history? I can't find a good answer on what to do then? I did find that ARM of Florida is licensed in FL and therefore can collect in my state.


skydvr is more knowledgeable in this area, I am going to forward this post to him.

I will say one thing though, the chances of them even responding to the debt validation request in slim to none. Also, now that you have a date they received this request make sure you journal ANY phone calls you receive from them attempting to collect on this debt because the FDCPA states ALL collection efforts must cease during the validation period, they can't even report on your credit report during this period. You can sue them if they do, for up to $1000.00!


lrhall41

Submitted by Shazzers on Tue, 11/16/2010 - 07:52

( Posts: 17344 | Credits: )


Awesome! I have an excel spreadsheet on a flash drive. I have already documented each contact. I also cut and pasted the information from USPS.com into the sheet. I figure I won't hear anything but wanted to be prepared. Is the validation period the time between the CA receiving the letter and me receiving any response? Or does it end when they provide the proof I requested and continue until that point indefinitely?


lrhall41

Submitted by J L B on Tue, 11/16/2010 - 07:55

( Posts: 329 | Credits: )


Quote:

Is the validation period the time between the CA receiving the letter and me receiving any response? Or does it end when they provide the proof I requested and continue until that point indefinitely?

The validation period remains in effect until they send you a response with proper validation, this is skydvr's area of expertise and he can advise you with more accurate information, I have already sent him a PM with the link to your topic. He hasn't been well lately so I am not sure when he will sign in and respond, but you can be assured that he will as soon as it's possible.


lrhall41

Submitted by Shazzers on Tue, 11/16/2010 - 08:00

( Posts: 17344 | Credits: )


hiya--

first things first, with an illegal payday loan you are still responsible for the original amount of the loan. Not the interest, not the fees, but the original amount that they put into your checking account. If you have already paid that much, then whatever you paid over that amount you can make a case to get back if you sued them.

The thing to do right now is to wait. See what they respond with. If they continue trying to collect without validating, go look for that attorney--dont wait. If they send something for validation, be sure to let us know what they sent you. We'll go from there as far as what to do next. But youre doing great with keeping those records. Make sure to document EVERY contact.....


lrhall41

Submitted by skydivr7673 on Wed, 11/17/2010 - 04:41

( Posts: 2036 | Credits: )


Okay they sent me a letter stating that I had taken out a loan of $500 and paid back nothing. Now remember this is Mynextpaycheck which says they aren't but they are Paychecktoday. I had already overpaid Paychecktoday by like $3000. I have detailed records of how I know they are the same company. Including e-mails from a collections person with the Paychecktoday phone number in her signature when she should have been acting on behalf of MNPC.

They sent me the letter then a copy of the screenshot with my "typed" signature.

What now?


lrhall41

Submitted by J L B on Wed, 12/01/2010 - 06:03

( Posts: 329 | Credits: )


hang on a second.you're in VA.ARM is licensed in FL,but does that mean they can collect on you in VA?either way file AG complaints against both the lender and ARM.send your AG all the info you have.bottom line this collector is trying to collect using a different d/b/a.don't take it lying down.even if an attorney won't help your AG will.


lrhall41

Submitted by paulmergel on Wed, 12/01/2010 - 06:45

( Posts: 15514 | Credits: )


Does anyone have a good template to respond to the CA telling them that the contract is not valid because 1) it does not contain an actual signature and 2) that it's invalid in the state of VA?

Skydivr any help? Exactly what was sent:

1) Letter on ARM of FL letterhead stating deposit amount, fee amount and balance
2) Pages 3,4,5,6 of 7 from MNPC box checked next to "Yes, I agree to all the terms of the Loan Agreement" and my typed name in a box

I just noticed it says 8/31/2010 at 12:00:00AM I'm sure I wasn't on the internet taking out a loan at midnight, EVER.


lrhall41

Submitted by J L B on Thu, 12/02/2010 - 12:08

( Posts: 329 | Credits: )