Loan Point USA
Date: Mon, 01/10/2011 - 08:52
Hi, I have dealt with them before and I agree, they are NASTY. I
Hi, I have dealt with them before and I agree, they are NASTY. I will return with some suggestions and more info shortly.
First of all, under Section 808 Unfair Practices of the Fair Deb
First of all, 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 NCA has stated they do), 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.
Secondly,Loanpoint USA has an address in DE and Utah, but they do NOT have a license in either of their states, so, they are an unlicensed/illegal lender, this means NCA can NOT collect on this debt because it is NOT enforceable in a court of law, however, you won't be able to tell them that because they are bottom feeders and care not.
I would be most happy to guide you through the process of making NCA go SPLAT but I need more info in order to do that.
What state are you in?
What is the date of the letter you received from NCA?
Was the mini miranda warning on that letter of collection?
I am in Michigan, The date is January 3, 2011. What is the mini
I am in Michigan, The date is January 3, 2011. What is the mini miranda warning?
i would be interested in knowing how to deal with them also... i
i would be interested in knowing how to deal with them also... i have an account with loanpoint usa. BBB has sent me a reciept saying they have just sent them my complaint so i expect them to turn the account to collections sooner rather than later.
As you know shazzer i am in TN and what is the mini miranda law?
They must state on their letter of collection something to this
They must state on their letter of collection something to this effect:
This is from a debt collector, you have 30 days to request validation and dispute this debt, if you do not respond within 30 days it will be assumed you admit to owing this debt. blah blah blah.
Most debt collectors are hoping that you will throw the letter t
Most debt collectors are hoping that you will throw the letter to the side somewhere and never dispute the debt. You need to exercise your rights and send them a 'debt validation' letter within the 30 day window, read the link below:
http://www.expertlaw.com/library/consumer/fair_debt_collection.html#6
I am researching the Michigan Collection Practices Board to see
I am researching the Michigan Collection Practices Board to see if NCA is licensed.
I couldn't find a license for NCA but not every business is requ
I couldn't find a license for NCA but not every business is required to be licensed in MI.
how about TN? from what i read it seems like collection agencies
how about TN? from what i read it seems like collection agencies need to be licenced in TN to do collections do you know if thats correct or what their laws are on out of state collection agencies?
Quote:how about TN? from what i read it seems like collection ag
Quote:
how about TN? from what i read it seems like collection agencies need to be licenced in TN to do collections do you know if thats correct or what their laws are on out of state collection agencies? |
The licensing authority for TN. is the Collection Service Board, Division of Regulatory Boards and Department of Commerce and Insurance. I searched the licensee data base and National Credit Adjusters is licensed in TN. Their license number is 706. If they (NCA) fail to abide by the FDCPA I would also file a complaint against them with the license authority, as well as the FTC. For future reference.
Yes they do have the mini-miranda rights on their letter. I have
Yes they do have the mini-miranda rights on their letter. I have 30 days to dispute it. What is the best step to take first? I know that as soon as I send the letter I will get calls and messages etc at work. I have dealt with these people before.
Actually, once you send the letter to request validation ALL col
Actually, once you send the letter to request validation ALL collection efforts must cease. If you like, I will help you write a letter, just make sure you send it certified, return receipt requested, and it must be done BEFORE the 30 days are up/
Quote:Yes they do have the mini-miranda rights on their letter.
Quote:
Yes they do have the mini-miranda rights on their letter. I have 30 days to dispute it. What is the best step to take first? I know that as soon as I send the letter I will get calls and messages etc at work. I have dealt with these people before. |
Here's the deal, if they DO call you during the validation period, they could be subject to a fine by the FTC, BUT, you REALLY REALLY need to follow up with complaints if they call you during the validation period, I will be more than happy to help you, but only if you will follow through with complaints to the FTC, your state attorney general and your state collection agency regulator, should they break the law and proceed to call you after they have received the validation letter.
Do you want me to help you write a validation letter? If you do,
Do you want me to help you write a validation letter? If you do, I will, but I need to know that you will follow through on complaints if NCA attempts to contact you after they receive the validation letter, I also need to know that you will send the validation letter certified, return receipt requested. It's important that you follow through if I take the time to write a letter. Deal?
You're welcome, I will work on the letter and post it here, you
You're welcome, I will work on the letter and post it here, you can fill in the blanks when you use it (your name, etc.).
Your Name Your Address Your Phone # Creditor's Name De
Your Name
Your Address
Your Phone #
Creditor's Name
Department
Creditor's Address
Date
Dear (Insert Name Of Creditor)
I received your letter of collection dated (insert date). Pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g, I hereby inform you that I dispute the alleged debt associated with account # (insert account number), LoanpointUSA being the original holder of this debt.
Per the FDCPA (Fair Debt Collection Practices Act) I am officially requesting that you properly validate this debt, I am entitled to receive the following documentation:
???Explain the nature of the alleged debt - that is, what the money I allegedly owe is for;
???Please provide an explanation of how you calculated what you allege that I owe;
???Please provide me with copies of any contracts or documents which form a basis for the alleged debt; and
???Please provide me with the name and address of the original creditor.
I further request that you take the following actions:
???Please contact any credit agencies to whom you have reported this alleged debt, and inform them that I am disputing the debt.
Under the FDCPA laws, you are required to cease ALL collection efforts with me until this debt is properly validated, if you fail to follow the law, non-compliance of my requests could result in serious legal suits and hefty fines. I WILL file complaints with the following organizations; Federal Trade Commission, the Michigan State Attorney General, Better Business Bureau, and the Michigan Collection Practices Board. I will be keeping a written record of all communication attempts made by your company and intend to report it promptly if you do not adhere to the law.
Except as specifically outlined herein, I am requesting that you cease all contact with me about the alleged debt. Any further contact should be strictly in conformity with the FDCPA: It should be limited to providing me with the documentation requested in this letter, informing me that you have ceased collection efforts on the alleged debt, or stating that you are taking a specific action in relation to the debt such as commencing a collection lawsuit. Any further contact should be made in writing, and should be submitted to my home address by mail.
Sincerely,
Your Name
I have been recieving calls from "A California Law Firm" they st
I have been recieving calls from "A California Law Firm" they state I owe American Payaday Loans. That I have committed wire fraud and other crimes and they will be sending law enforcement to arresst me in themorning and I will need a lawyer and bail money. They have called from 661-727-3076 ext 4318 lady last name of Jones. They also call from 916-639-5000 about the same thing. I have never borrowed from them. Who are these collection people, they speak with heavy middle eastern accent and refuse to give me the company name I borrowed from they just say American Payday is the parent company and own 5000 payday loan companies. What should I do.
Quote:I have been recieving calls from "A California Law Firm" t
Quote:
I have been recieving calls from "A California Law Firm" they state I owe American Payaday Loans. That I have committed wire fraud and other crimes and they will be sending law enforcement to arresst me in themorning and I will need a lawyer and bail money. They have called from 661-727-3076 ext 4318 lady last name of Jones. They also call from 916-639-5000 about the same thing. I have never borrowed from them. Who are these collection people, they speak with heavy middle eastern accent and refuse to give me the company name I borrowed from they just say American Payday is the parent company and own 5000 payday loan companies. What should I do. |
What state are you in?
Well, unfortunately, when you apply for a payday loan online you are pretty much sharing your information with the whole world. Most Internet payday lenders are criminals, they sell off your information to other Internet criminals. There an article on this forum that explains how they operate, READ THIS!
Shazzers I have the letter all set to go. Now do I send this to
Shazzers I have the letter all set to go. Now do I send this to them and wait for a response?
Oh no, don't wait, send it right away, make sure you send it cer
Oh no, don't wait, send it right away, make sure you send it certified, it is very important you get a receipt once it has been received by them!
And then I will just wait for a response for them or is there a
And then I will just wait for a response for them or is there a point where I will file a complaint with anyone in regards to purchasing an illegal loan. Or do I just wait to hear back from them and hope that they don't call.
Doren, after you receive the green card with their signature tha
Doren, after you receive the green card with their signature that they received the debt validation letter, let me know if they try to call you, because if they do try to call you it means they are violating federal law (FDCPA) and that is when you will file complaints. If they should call before they have received the letter, tell them you can't talk to them until the debt is validated, then hang up.
can you give me the website for louisiana to see what pdls are l
can you give me the website for louisiana to see what pdls are legal and the laws for pdl
paydayloaninfo.org/state-information/26 http://www.ofi.state.la
paydayloaninfo.org/state-information/26
http://www.ofi.state.la.us/
Sent the letter out on 1/14/2011 to them. I will just wait for n
Sent the letter out on 1/14/2011 to them. I will just wait for now and see it I get the green card back. Can they refuse that?
Sure they can refuse the mailing, but they can't collect until t
Sure they can refuse the mailing, but they can't collect until they validate which they might have a bit of a hard time doing if they refused your mail. If they try to collect, that is a 1. Hold your ground. They need to validate properly by US Mail before any attempt to collect and if you sent in Shazzer's sample letter with the cease contact other than by US Mail part, it is a violation for them to call you even if they end up validating (except maybe just once to confirm receipt of your letter. They can't say pay up, etc...).
From the research i have done it seems as though Loanpoint USA d
From the research i have done it seems as though Loanpoint USA dont have a license in UTAH under their own name but Geneva Roth which i guess is their parent company does. What stance does this give Loanpoint are they legal or not??? any thoughts
Geneva Roth is a sister company, not a parent company. The answe
Geneva Roth is a sister company, not a parent company. The answer is no, they can not change the laws to accommodate their business.
Sorry to be dumb about this . So if their sister company has a l
Sorry to be dumb about this . So if their sister company has a license to
lend it doesn't cover them too? I mean they are a separate entity
in the licensing law? It's that right?
Received the green card signed back last week. Now I will just w
Received the green card signed back last week. Now I will just wait for validation. Is there a time frame in which they have to validate?