okay guys (shazzer, paul, ohiogal) now what???
Date: Thu, 12/09/2010 - 15:24
Submitted by Valerie Jackson
on
Thu, 12/09/2010 - 15:24
Total Replies: 7
Respond to their letter stating that Eastside is not licensed to
Respond to their letter stating that Eastside is not licensed to lend in Ohio so the contract is invalid, therefore does not validate the debt.
yep that,and there form letter stating they are based in delawar
yep that,and there form letter stating they are based in delaware so delaware law prevails are their two basic tactics.they are full of it of course,and you should respond as ohiogal1 advised.
What constitutes validation of debt, well, that is a very gray a
What constitutes validation of debt, well, that is a very gray area of the law. If you do a search of the FDCPA on debt validation you will find a lot of ( what seems to me) contradictions. I have posted some information I located at credit info on what I believe most definitively describes what actually constitutes debt validation, IMO.
[QUOTE]What does a debt collector need to provide as debt validation?
- Proof that the collection company owns the debt/or has been assigned the debt. (Bob is legally entitled to collect this particular debt from you.) This is basic contract law. It is very difficult to get a judgment without a direct contract between collection agency and the original creditor.
- At a minimum, some account statements from the original creditor. If you really want to get sticky, you can pin them down on the amount of the debt by requiring complete payment history, starting with the original creditor. (How the heck did Bob calculate this debt? What fees/interest Bob has tacked on to this debt and how he determined these fees?) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
- Copy of the original signed loan agreement or credit card application. (Your contract with Joe establishing the debt between you.) However, account statements from the original can fulfill these requirements.
[/QUOTE]
actually i wasn't commenting on that as much as eastsides conten
actually i wasn't commenting on that as much as eastsides contention that once again delaware law prevails over ohio law.it's really pathetic don't you think?
so shazzers, do you think responding by stating they are illegal
so shazzers, do you think responding by stating they are illegal in ohio where i reside and therefore makes contract invalid is not way to go?? I actually believe this collection agency is a "part" of eastside...
are you talking about Alliance Asset by chance? I just started g
are you talking about Alliance Asset by chance? I just started getting calls from them but havent answered them yet. I too have issues with Eastside and would like to hear the steps in regards to this collection company. I dont answer phone and im assuming they will send letter.
Quote:so shazzers, do you think responding by stating they are i
Quote:
so shazzers, do you think responding by stating they are illegal in ohio where i reside and therefore makes contract invalid is not way to go?? I actually believe this collection agency is a "part" of eastside... |
That's what I would do. I would simply tell them that Ohio law requires payday lenders to be licensed by the state of Ohio, and since Eastsde lenders is not, they are attempting to collect on an illegal debt! I would also add that they are not complying with the Fair Debt Collection Practices Act and you are going to file a complaint against them for non-compliance.