Payday One and National Credit Adjusters,LLC

Have you ever received a letter of collection from this collection agency? I can tell you one thing, do not admit to owing a debt to a voice on the phone, and don't trust a word they say because I have dealt with them and they are lower than low. Tell them you can not discuss finances over the phone and you are exercising your rights under the FDCPA by telling them they are required to send you a letter of collection within 5 days of their first initial contact with you, if they continue to call you without sending the proper documentation you are going to file a complaint against them with the FTC.

If and when you receive a letter of collection, you will have 30 days of which to send them a certified (and make sure it's certified because you will need proof, especially from NCA) validation letter, they won't be able to validate this debt if it's illegal, all collection efforts must stop until the debt is validated. If they continue to call, document it, and file a complaint every time they call with the FTC.

I did just receive a letter from them yesterday. The letter stated they purchased this account from Pay Day One and they have a vested interest in collecting. So sounds like at this point, I need to request validation of the debit. Thanks for the tip on sending certified, I will make sure to do so. Can they legally pursue me if the debt wasn't owed to them, if some how they are legal?

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Shazzers-I too have just been contacted by NCA for a payday loan- i stopped payments on my loan with Ashland Enterprises. I only owe them $50 in principal at this point before I had to close my account due to payday trap and working with my legal lenders first. I did not answer the call and a real scratchy sounding woman named Jeanette(?) left a message to call her back. I am in California and I am not very familiar with collection agency laws or licensing etc, could you point in the right direction so that I can educate myself?

Do I need to speak to them at all or should I just wait to get a letter in the mail? I'm not very good on the phone with collection people and get scared very easily eventhough I know I'm in the right so I though maybe I should just ignore the calls and wait for the letter. What is your advice?

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So i just opened my email and NCA sent the collection letter via email this evening. I will of course send a validation letter but had a couple of questions:

I don't dispute that I owe more principal $50 but now they are asking I pay $640 and "adjustments" may have to be made depending on when they receive payments??? Also, the letter states that they now own the debt and not collecting for the PDL so they have the vested interest. I had to fax in the documents for the original loan with my signature to the original PDL, do I have a leg to stand on at this point? I know Ashland is not license in California. Can I add on the validation that I only want to be contacted via mail or do they have to speak to me in person regarding this?

Thank you so much!

Pfffffffft. Just tell them NO WAY. They can't collect interest, oh no. Under Section 808 Unfair Practices of the Fair Debt Collection Practices Act under the Consumer Credit Protection Act, federal law prohibits a debt collector from collecting any amount (including any interest, fees, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

If a debt collection agency owns your account, and you did not expressly enter an agreement to pay interest and fees to that collection agency, than they cannot charge you anymore than what the already existing balance is.

NCA appears to be a vexatious litigant. I did a search on them for court cases here. They sue a lot but seem to win only when the other guy doesnt show up. Tell them (in so many words) to xxxx xxx in a validation letter and ask for the original contract. Since they have a "vested interest" in this (who would buy a debt they have no proof is valid?) and they are charging fees (the FDCPA allows collection fees if and only if authorized by the original contract), this all points to them having a copy if they're legit.
Watch your language!

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Can you provide me with a sample debt validation letter I can use for National Credit Adjusters?

http://www.debtconsolidationcare.com/letters/sample6.html

Below are sample letters for follow up. I used those follow up letters when I didn't receive a response for the debt validation letter. It never went to court.
http://www.debtconsolidationcare.com/letters/

I sent a DV (within the originaln 30 Day period) letter to NCA and sent the letter certified, return receipt requested. Today I received the return receipt with a signature. Where can I find information on what they are required to send me in a DV letter?
Also I didn't specificy in my letter that I needed a response within a specific time frame, how big of an error was this on my part? Is there an average time frame to received a response?

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The case of "Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court", could easily be used as an example if a debt collection agency does not fulfill the requirements, but a lot of people fail to rebut what they receive.

Thanks for the help Shazzers. So sounds like we are basically at a stand still until I hear back from them with some information. If I understood your response, I can rebute or question or ask for additional information if I don't receive everything needed in the original response? For example, itemitzation of how the debt attempting to be collected was calculated, etc?

Everything in quotes in my above post should be included in the validation letter, and yes, if they do not provide the proper validation, you can send a follow up letter.

If they are legit do they typically provide this information within 30 days? Or is there a timeframe?

There is no time frame they have to meet in order to reply to a debt validation request, my best guess is you will probably never hear from them again. One scenario might be they will try to send you something like an affidavit signed by one of their employees stating you owe xxxx amount of dollars, an affidavit is not admissible in a court of law and is not proper validation.

I know that payday one has been a lender that there's been a lot of question over for KY residents. Are they a pdl company or a internet loan company? This agency is actually collecting for them. I read something before from the department of financial institutions which indicated that they we not legal/licensed to lend in KY period.
It's been almost 30 - days since I've requested the validiation of the debt, guess we'll see if I receive a response.
I'll keep you posted. Thank you for the heads up regarding the affidavit. I appreciate your help with everything.

I am pretty sure they were issuing loans to KY residents illegally, but the only way to know for sure is to contact the DFI.

Thanks for keeping us updated!

Curious to know if how this was resolved? I paid my NCA debt, and they still sold my account over 2 years ago. I have received phone calls both a year ago and today from "law firms" stating that I still owe this debt. I have the PIF letter from NCA, however, the "law firm" claims NCA didn't sell them the debt, PayDayOne did. I contacted PayDayOne, and they said that they did not.
This "law firm" accused me of lying about paying it. I did contact a lawyer on this, and he said if I have informed them of the mistake, and NCA is in agreement that it was sold in error, they cannot continue to harass me. I tried to give them my lawyer's information for further communication, and Jason Collins, a worker of this supposed "law firm" asked me if I was getting my legal information from the bottom of my couch.
I told them if they continue to threaten me, I will take further legal action, and they said what they are doing is perfectly legal and I am in the wrong here. So frustrating!! Be careful of dealings with NCA. My account has been mishandled on 2 separate accounts, and has caused me so much stress. Document, document, document, and record all conversations with them! Don't let them put you through this too!