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Ameriloan

Date: Sun, 01/30/2011 - 05:43

Submitted by floridagirl
on Sun, 01/30/2011 - 05:43

Posts: 40 Credits: [Donate]

Total Replies: 10


I have defaulted on many ( 9) payday loans all illegal in Florida. I sent the letters stating they owe me $$ and revoked ACH priveledges. One lender marked account settled in full. I asked for a email that referenced the account but they never responded. AMERILOAN has called trying to collect. I told them they owe me and I owe nothing and they must sent me a debt verification letter which they said they don't have to since they are internet based. I said they must to comply with FDCP act. I also spoke with an attorney who verified everything that I did. I told ameriloan that I spoke with an attorney and the guy accused me of not speaking with a real attorney. I told the guy I only had to pay the principal balance and he said ok I owe 350 I said I already paid that and they owe me money. I finally said goodbye and hung up. This also happened with 500 fast cash and he said his supervisor would call me right back never heard from them. I filed with the BBB,FTC against eastside lenders. They filed there standard response with the BBB and I said that this was unacceptable. I had requested they not contact me at work and they did. I stated to the BBB in my rebutle that they violated FDCP act. So we will see what happens next.

Please let me know what may happen next?? I see these people call and don't leave messages.????

My attorney said he can send letters if they harass me.

Thanks for any input.

florida girl


If Ameriloan is the one who called you, they are not required to comply with the FDCPA because that only applies to 3rd party collectors.

You're right, they aren't legal. No sense in arguing with them, it will get you nowhere. The more you talk to them on the phone, the more they will call you.


lrhall41

Submitted by Shazzers on Sun, 01/30/2011 - 08:56

( Posts: 17344 | Credits: )


They aren't legal in FL. They didn't follow the law to begin with or they would have acquired licensing and they wouldn't charge an exorbitant amount of interest, so, I would expect anything out of them except harassment and bogus threats. [URL=http://www.debtconsolidationcare.com/paydayloan/illegal-pdl-dealings.html]CLICK HERE[/URL] to find out how to deal with illegal lenders. [URL="http://www.debtconsolidationcare.com/paydayloan/internetpdl-list.html"]READ THIS![/URL]


lrhall41

Submitted by Shazzers on Sun, 01/30/2011 - 20:12

( Posts: 17344 | Credits: )


I have a loan with Ameriloan that I defaulted on as well. I'm in Pennsylvania.

I sent them C&D letters as well as ones stating I will pay the principal back but on my terms. They never responded to the letters and still call me on a regular basis, especially at work. I have filed complaints with the BBB, FTC and my states AG. They didn't respond to the BBB complaints and the AG stated they are investigating the case. I send the AG updates of each time AML calls me at work, which seems to be getting less and less.

They were for a while calling my place of work every day. That has slowed to about once a week now. I used to tell them every time they are violating the FDCPA because I cannot take these calls at work. They don't seem to care, so every time they call now, I just hang up in their face.

I have told one representative I will only start paying them back once all the harassment has ceased, but that probably didn't get noticed either as they don't seem to want to hear anything on the phone except when you're going to pay, and on their terms.

I suggest you ignore their calls and hang up when they do. The frequency of calls I get has dwindeled and I hope will soon stop.

Ken


lrhall41

Submitted by Kenneth Barhight on Mon, 01/31/2011 - 08:15

( Posts: 55 | Credits: )


Just reiterating what Shazz said but if AMERILOAN is calling you for money that you owe to them, the FDCPA has nothing to do with them. FDCPA applies to 3rd party collectors. If the original lender is trying to collect, they don't have to follow FDCPA. Now, seeing as how this is an illegal lender to begin with, I suggest you be as ruthless as they are :)


lrhall41

Submitted by OhioGal1 on Mon, 01/31/2011 - 10:40

( Posts: 5253 | Credits: )


Here is a question I have never seen asked on this forum.

What happens if you don't make payments to an illegal lender? I always see in the forums that you have a responsibility to repay the principal. I also read that these illegal lenders would never show their face in court, so what happens if you never start repaying the principal? Will they take you to court or turn you over to a CA to recoup their original investment or just keep harassing you until you pay?

Just curious.


lrhall41

Submitted by Kenneth Barhight on Mon, 01/31/2011 - 12:25

( Posts: 55 | Credits: )


They might turn it over to a collection agency, so it's important that you don't ignore collections. Some CA's are unaware they have purchased an illegal debt, and some know but don't care. CA's are hoping the debtor doesn't know their rights and will just pay them, or they hope the debtor will ignore it and hope it goes away, because if it's ignored, they can go to court and get a default judgment against you, that is if you don't exercise your rights and dispute it.


lrhall41

Submitted by Shazzers on Mon, 01/31/2011 - 12:38

( Posts: 17344 | Credits: )