Need Help! Being Threatened for Check Fraud
Date: Fri, 07/15/2011 - 11:57
I live in California.
I have gotten calls from a company called HBC Services Inc. trying
to collect a payday loan that they took over from Gateway Holdings
Group. And HBC is saying that I owe over $500 to them and that if I don't
pay they will take my case to the District Attorney for check fraud.
I asked them why this is check fraud and they stated because their
records show that money was deposited into my checking account and
that payments were suppose to be paid using my checking account and
they have no record of any payments.
I called Gateway which I really did get a payday loan from for $300
and to whom I had paid around $200 in refinance/extension fees before my bank account became so negative that the bank froze it a month ago.
Gateway says that they gave my account to some company and that my
loan does not belong to them anymore. BUT they do not know who they
sold it to and cannot tell me who took over it.
By the way, my payday loan was for $300 and $390 was the payoff amount, it is now $510 due to missed refinance charges! I already paid
$180 in refinance charges and $30 returned payment fee.
When I spoke to HBC, they gave me all the information that was on my
application (last four of social, bank account, and date of payday deposit,
etc) plus other info that was not such as my cell phone and previous
address. So I am assuming they are not some company that is
pretending to have taken over the debt.
Now, HBC is being nice because I am being nice to them.
They wanted me to pay $300 today and the rest of the $510 by
the end of the month. I told them that I dont get paid until next week,
so I cant pay 300 today. The lady then said that I should pay whatever
I can to show that I voluntarily want to pay and put the case on hold. I told
them that if anything I might be able to pay $50 by moneygram. She said I
could only use moneygram if I paid the original debt of $300, anything
less would have to be paid by bank account or credit card to secure that
the rest will be paid. She said that they have a timeframe of 30-45 days
to collect this, and they received my file on June 21st.
I had told them to fax to me what they supposedly mailed to me last
month. But what I received was a short letter stating an arrangement to
pay $300 today and $210 at the end of the month.
What should I do?
Can they take this case to the DA?
Is this really check fraud?
Please help!
Thank you in advance.
HBC Services
1415 HWY 85N
Suite 310-308
Fayetteville, GA 30214
It also states in the fax I got from them:
Henry, Zachary and Associates
Here is the information I have for Gateway: 1-877-618-5882 Ga
Here is the information I have for Gateway:
1-877-618-5882 Gateway Holdings Group LLC
gatewaycs@midlandcompanies.net
Here is the information I have for HBC Services:
HBC Services
1415 HWY 85N
Suite 310-308
Fayetteville, GA 30214
1-866-304-2305 ext. 114 toll free
678-369-4194 desk
The lady who I have been speaking with is
Mrs Douglas and her number is a direct number:
678-619-1933
It also states in the fax I got from them:
Henry, Zachary and Associates
You should ask them to formally validate the debt by sending you
You should ask them to formally validate the debt by sending you all the required details. You can find a sample debt validation letter from the given page: http://www.debtconsolidationcare.com/letters/sample6.html . Unless they validate the debt, don't pay them anything. Once they validate the debt, then you should negotiate with them for a re-payment plan so that it becomes easier for you to pay off the debt.
The legal maximum amount for a PDL in California is $300. ($45 f
The legal maximum amount for a PDL in California is $300. ($45 fee and $255 to you). This means that anything over that amount is illegal. What you need to do is this: find out if this company is licensed to do business in California by going to the Dept of Corporations licensing section on the state website. If nothing comes up, they are not licensed and the loan is illegal.
Even so, we do advocate paying back the principal on ethical purposes. I can also tell you from personal experience that defaulting on a PDL is NOT a criminal offense in our state, so them giving you this cock and bull about suing you, etc., is just a case of blowing smoke you no where.
Work out a payment plan (for what you owe on the principal ONLY). If they harass you, file a report with the Dept of Corporations. I did. It works!
Hi, I kept it in the family and have excerpted from the DCC Sti
Hi,
I kept it in the family and have excerpted from the DCC Sticky "Payday Loans Made Simple" for your reading pleasure. Hope it helps!
CAN A CUSTOMER BE CRIMINALLY PROSECUTED FOR FAILING TO REPAY A DEFERRED DEPOSIT TRANSACTION?
No. A customer cannot be criminally prosecuted or threatened with criminal prosecution to collect a delinquent deferred deposit transaction.
What Does this mean?
Internet based companies must be licensed by CA to lend legally.
Fees may not exceed 15% of the face value of the check.
No Rollovers are allowed.
same problem
i have same issue. I got call from fraud agent hired by nh legal and associates saying i owe 308 for online pay day loan. She said she could accept $247 by aug 31st. She would subpoena me for $4,000. I said I am living check to check and i cant afford that but maybe in two payments. She then said i have iuntil Monday to call her with my answer for the $247. She knew all my info job, new home, everything,, she even said well u seem to have a nice house from the area you live in. How can not afford $247?
do not pay this hag
threatening arrest for any debt is against the law.also threarening immediate lawsuit.btw she talked out of both sides of her mouth as she can't have you arrested for fraud,and subpena you at the same time.plus the overinflated number was just thrown out there to try and scare you into paying.do not pay as you are entitled to details in writing on any debt.anybody that threatens arrest,garnishment,or lawsuit for a pdl needs to be reported not paid.first thing you do is use any info you have on this scummy place and file a police report as again she broke the law with that call.then use the same info to file complaints with your state AG.just don't pay a voice over the phone as once again the witch broke the law with that call.last thing when you get,or apply for a pdl you give out alot of info.info that scuzz like this have.do not think for a second she can do anything but call and be stupid with the threats.
HBC Services Inc
Yes, I am having the same problem with a Miss MacIntosh from HBC Services Inc. Phone number: 678-619-4717 They call my work, my cell and continue to harrass me at work. She offered an out of court settlement for $253. and some change if I paid it with my debit card last Friday at 6 a.m. I have called the number they gave me and it goes to someone's answering machine. They say that if I don't pay them they will have me arrested for check/bank fraud. I have now closed my bank account because of this harrassment. They knew everything about me, it's scary. They said I got a pay day loan from DJR Group, and although I had inquired about a pay day, I never authorized it. Then when it was deposited into my account I tried to return it. I got the BBB involved in this and they said DJR Group is no longer in service. When I told Ms. MacIntosh of my findings, she said this was true and that was why they now have it through their company.
How can I get these people off my back?
You cannot be arrested for check fraud...pretty well shows they
You cannot be arrested for check fraud...pretty well shows they are a scam/fraud company.
FYI....the BBB is useless to work thru....they have no legal authority...they are only a letter writing service.
PDL/Gatway Holding
Just got a call from Gateway Holding Co saying that the IRS was going to sue me about a payday loan that I did't even have with them. I told them that I would call the IRS so I can see what's going on he told me not do that because they wouldn't know what I was talking until I go to court with them first. I told them to serve me the papers so that we can handle this in court. He then ask me was there a reason I couldn't handle this now instead of taken it to court. I told him there is no reason I just want to take it court. Then he told me the courts would charge me 2000 plus the amount of the check. I told his dumb behind ok we will see this in court. He told me to give some guy a file number once he call me. No one has called thus far.
