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Help with Payday Loan Collections

Date: Thu, 03/24/2011 - 09:51

Submitted by BeatingtheGiant
on Thu, 03/24/2011 - 09:51

Posts: 3 Credits: [Donate]

Total Replies: 4


In 2007, I took out a payday loan for $400 from Checkmate. From what I remember I paid the loan off. I received a letter from Paul Law Office stating I owed $495 but with their fees it is $600+. I sent them a DV letter. The responded with my ss#, name, address (which was not the address used to obtain the loan because I was living in AZ at the time.) The OC, OA#, Orgin date and Charge off Date.

I asked them to send me:

What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent

They responded with per the Federal Trade Commission we are not required to provide you copies of signed contracts, account amortizations, past statements on credit card/consumer installment loans.

I would like to know if this is correct. They are not licensed in my state, I already know this. Need assistance in my reply letter.


basically what they sent you was a basic collection letter.they are required to provide proof of the debt such as statements or something with your actual signature on it.invoking the FTC is laughable as they have nothing to do collections and how they are goverened.the FDCPA is that and by just sending a basic letter and stating that is all they can send they have voilated that.just reply this way.

i have requested validation of this debt and per the FDCPA,not THE FTC you are required to provide it.what you sent was a basic dunning letter.i will not respond to further call,or letters,or emails until you provide what i requested.i will if attempts to collect persist file AG,AND FTC complaints.

that is how i would respond.


lrhall41

Submitted by paulmergel on Thu, 03/24/2011 - 10:10

( Posts: 15514 | Credits: )


Paul, thank you so much for responding. I've been reading every credit board and even read the FDCPA but it didnt mention anything about installment loans being handled differently. I could not get a clear answer from anyone. I could not understand why they were referencing the FTC and not the FDCPA. Here is my follow up letter below. Can you/or anyone give me feedback on it? Thanks

Date:

Re: Acct #

Section 809(b) "Validation of the debt" requires debt collectors to obtain verification of the debt from the creditor and mail it to the consumer.


To Whom It May Concern,

This letter is being sent to you in response to a notice sent to me on 03/15/2011. This is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is once again being requested.

This is a request for PROPER validation of the above alleged debt. In accordance with the FDCPA, I have the right to request for a validation of this alleged debt. This is asking for proof regarding this and verifying the same.

Please attach copies of the following with the reply:

1. The agreement which authorizes the creditor to collect debt on the alleged debt.
2. The signed agreement from the debtor conforming to pay the creditor.
3. The documents regarding the payments made on this account validating the amount.
4. Explain and show me how you calculated what you say I owe;
5. Provide me with copies of any papers that show I agreed to pay what you say I owe;
6. Show me that you are licensed to collect in my state
7. Provide me with your license numbers and Registered Agent


If your offices fail to respond to this request within 30 days from the date of your receipt, all references to this account must be completely removed from my credit file and a copy of such deletion request must be sent to me immediately.

I would also like to request to you, in writing, that no telephone contact be made by your offices to my home or to my place of employment, under my right according to the Fair Debt Collection Practices Act. All future communications with me must be done in writing and sent to the address above in this letter.

As per my rights please send me:

1. The agreement which authorizes the creditor to collect debt on the alleged debt.
2. The signed agreement from the debtor conforming to pay the creditor.
3. The documents regarding the payments made on this account validating the amount.
4. Explain and show me how you calculated what you say I owe;
5. Provide me with copies of any papers that show I agreed to pay what you say I owe;
6. Show me that you are licensed to collect in my state
7. Provide me with your license numbers and Registered Agent

Then I will believe this is mine. Until then consider this debt disputed.


lrhall41

Submitted by BeatingtheGiant on Thu, 03/24/2011 - 10:57

( Posts: 3 | Credits: )