NJ + LoanPointUSA + United Litigation = ?
Date: Thu, 08/25/2011 - 03:23
New here, and have been reading up quite a bit for a few hours now, but still would like advice on my specific sitch. Its going to be long, so plz bear with me. Here goes:
On 8/15/11, I get a voicemail... some guy with a hefty voice saying he's Calvin Murphy and that I need to call so-and-so#, and so-and-so is my case number. Basically making it seem as if he was on foot looking for me right that minute (smh) to try to serve me a court summons or something, ending the call with a strong "You've officially been notified". I've never heard anything like that in my life, but naturally later on that day I called the number back. I got the typical automated greeting (United, but that's all they said) and just waited for the receptionist. When she answered, I asked for Calvin Murphy, she had no idea who the heck that was. Then she asked for my case #, gave her the case # that "Calvin" left on my voicemail. I was then transferred to "Tammy".
She informed me that I had a payday loan w/ LoanPoint USA from 2007 for $300 that was unpaid, and stated that LoanPoint is their client, and they're trying to charge me with intent to defraud a financial institution, because (supposedly) when LoanPoint tried to get their $ from my account the first time, my account was closed. I told her that I dont even recall a loan specifically from LoanPoint, but to carry on speaking. I know I took out A payday loan around then, but I wanted to be sure this wasnt a scam, etc. Honestly, even if I was in a jam, i wouldnt have closed my acct back then. But if it was closed then it was due to something else. Anywho, she knew my address, my social, date of birth everything, it seems. Named the bank I was using (Wachovia) at the time. She said that these were "physical charges", and in order not to proceed in court, I'd have to be willing to pay them $800+ total (she claims thats the interest etc). I explained that I dont recall this particular loan, but I'd love to see some documentation stating that I owe, and that if I actually do, I dont mind paying it. But first I need proof. She said no problem, and said she's going to have it sent out ASAP. However she continued talking, trying to set up a payment plan over the phone. Me being somewhat flustered (and somewhat intimidated) went on with her verbally saying a date when I'd give a certain payment by the end of the month, and another payment next month. Gave her a pre-paid card # (theres nothing on there, never was), because she said she needed something to secure the arrangement. I said to her Id only pay if I had proof that I owe. She said fine, because by that time, Id have the letter from them, and that I should have it in 5 days or less.
Uhhhh, not so. That was the 15th. I called back last week reminding them that I still have no letter. Spoke to "Tammy", and then she let me speak to "Linda", who said she could just email me whats being mailed. I said thats fine, but I still want a tangible copy. I get the email, and it looks like something a kid could have easily typed up, didnt look too official really, but eh, because I was still waiting on the letter. Letter looked like this (copied & pasted):
Client: LOANPOINTUSA
Account ID: xxxxx
Balance: $ 8xx
Date: 8/_/2011
(my name & address here)
Dear (my first name was here),
US Capital has purchased all rights and obligations to the above mentioned debt. US Capital has agreed to a settlement in full in the amount of $8xx.00. This will satisfy your delinquent account with LOANPOINTUSA.
The payment schedule for this settlement is as follows (2 payments):
8/_/2011 - $xxx
9/_/2011 - $xxx
Once final payment has cleared the account will be reported settled in full zero balance, to the proper credit reporting agencies, if applicable. Furthermore you will be released of any financial and legal obligations pertaining to the above referenced account and any remaining balance. If you do not adhere to the terms of the payment plan, we will pursue accordingly.
If you have any questions related to the above referenced payment plan, please do not hesitate to contact our office toll free at 888-428-5922 Monday through Friday from 8:00am – 5:00pm EST. Please refer to the Account ID indicated above on all questions and payments.
Federal law requires we notify you this is an attempt to collect a debt and any information will be used for that purpose.
Sincerely,
US Capital
Yesterday I called again (the 24th), spoke to "Tammy", saying once again I still have no tangible letter, and how come it lists them as the owners of the account, when she just told me that LoanPoint were their "clients"? She went on to try and explain, but it all sounded like Snoopy talk once I noticed a few inconsistencies. In short, she pretty much just changed the subject and rambled on about how they're trying to help me. I asked her if her company bought my account from anyone, she said "absolutely not" and tried to explain. But when I said it doesnt make sense, she went on and on and then blatantly said "...and we bought your account, so of course we're gonna want some kind of payment". I said "I thought you just told me that you guys didnt buy my account?" she was stuttering now, and once again hopped over the question. Then she says, "heres what I can do. I'll drop the first payment to $xxx, and the second payment to $xxx". I said thats great....once I have proof by snail mail that you guys have the right to collect it. She then talks to her receptionist, and they're talking about how the letter wasn't actually sent out after all, because they now do everything electronically. (how convenient), then she says how the attorney was supposed to mail the letter. (is she serious?) I asked for a physical address, and she says she can only give me a PO Box because of safety issues they've been having. Anyway, united litigation group po box 5444 los angeles 90001 is the addy she gave me. She didnt even know their zipcode, had to ask someone for it. Yet, in the first phone call we ever had, she told me they're in Arizona...now she says they're in LA. (?)
We hop off the phone, and I get to calling around.
1. Called LoanPointUSA on 8/24/11 at around 2pm (1-800-351-8820)
They gave the date the loan was deposited supposedly. They gave my the last 4 digits of the bank acct #. Like I said, its possible I may have actually taken this loan out, but I was just verifying.
2. They said that the account was handed over to National Credit Adjusters on Dec 13 2010. (NCA confirmed this when I called).
3. Called NCA on 8/24/11. Woman said that they sold the account to SKW Capital on July 28, 2011 (813-579-9392) or 877-263-0694.
5. Called SKW Capital (Tampa, FL), guy said the account left their office on July 30th, 2011 to Capital Recovery Solutions(88 565-4125.
6. Tried to call the above # but sounds like a personal line. Tried looking around, but called companies in Utah, NY and Memphis that are not the correct companies, just similar names.
7. Called LoanPoint USA again, and asked if they worked with US Capital/ United Litigation, got the same woman who I spoke to the first time, and she said she's never heard of them, and no they dont work with them. She said "we sold your account, we were paid already by the company that bought your acct (NCA) so technically you dont owe us anything. We're not trying to sue you, and unfortunately I have no idea who that company is. If they havent given you anything in writing, i wouldnt suggest paying them anything", and went on to deny any knowledge of United Litigations.
8. Tammy from US Capital/ United Litigation just happened to call me right after I hung up w/ LoanPoint, saying that she forgot to ask if I'll be using the same card for both payments or not. I said "yup, same card...but like I said, when I have proof. Also, let me ask you this: why is LoanPoint saying they dont know who you guys are?" Oh that made her mad. She started off slow with the "I have no idea why they'd say that, they definitely do know us, they're the ones we got your info from, they're who gave us your account". So I asked "so they sold you my account directly?" She says yes. I proceeded to tell her that I have a list of who they actually sold the acct to, and everyone confirmed, yet no one has heard of them. Oh she was mad.... I asked whats the bank account she has on file as far as the one the initial deposit was made into. I asked her for the last 4 digits of the acct #, and she gave the wrong acct #. I said "uhhh, that's not mine". She started stuttering, and going on about how I can go ahead and do all my research, but that they arent trying to scam me, and LoanPoint is only saying that because they're not going to admit that they're trying to charge me, etc., and that she's going to tell the lawyer that they said that and thats wrong of them, etc. I said to her that Im not calling her a liar, Im just saying it doesnt make sense for me to pay money to a company who claims to be working for the original creditor, and the original creditor claims not to know them at all and not to trust them. She then said she had another call and put me on hold. Needless to say, within 5 secs, I was disconnected, and no she did not call back. Im sure they're still expecting payment on the 30th though.
So I get here to this site, and find out that payday loans are illegal where I live (New Jersey).
Sorry for the long story, but Im a detailed person, and wanted to make sure you all got everything, lol.
So what happens now? What do I do next?
Any info would be appreciated :)
You are right my friend. Lending of pdls is illegal in NJ.This l
You are right my friend. Lending of pdls is illegal in NJ.This looks like a scam. If you really had taken out any loan, then you are only obligated to pay the principal amount. Don't pay any money without receiving proper documents.
alot of footwork
you are thorough,but once you found out the illegal lender sold the debt you should have been searching for any info on how much got debited by them.you see as you and nandy are correct that pdl's especially loanpoint are illegal in NJ you not only owe the principle,but anything they call fee debits get deducted from that.example:
you say you borrowed 300.00 from loanpoint.they debit 90.00 twice.you only owe 120.00 on this loan so any piece of dirt that calls or harrasses from now on should get reported,not paid.besides all debt legal or not has an SOL and you should check yours for this as this has the same SOL that a cc does.a little more info you can use.last thing all,and i mean all of those places you called and wasted your time with are JDB slime.who knows since you called them they might be calling again as they do have your info,and they love an illegal buck.so again try to find out how much was debited by this lender to see how much if anything you do owe.this is me being thorough.
Thanks guys for your advice. So you're saying I should be callin
Thanks guys for your advice. So you're saying I should be calling my old bank to see if anything was taken out by them at all? From what the woman at United Litigation tried to say, it seems as if LoanPoint wasnt able to get anything at all. I did actually call my old bank and asked if they could open my files from 2007 to see if such a transaction occurred, but the woman in customer service said I have to fax a request, and that no one could tell me that info over the phone. Maybe if I go to a branch?
If there was in fact such a transaction, I dont mind paying what was deposited in the first place. But at this point, do I send a letter to United Litigation stating that the debt was illegal in my state, etc.?
do whatever you need to do
whatever gets it done,but just know that scum(yes scum)like this will lie out of their a$$.another thing take my example.they could even buy the 300.00 principle from loanpoint for let's say 50.00.then they sell that debt to the next JDB slime.chances are this united litigation maybe only was given your info and paid next to nothing.that is how this chain of sh*t as i call it works.they only have basic info from your old pdl,and can't do spit.i do appreciate you being thorough.you just need to direct that where it will do the most good.so if you have to drop by a branch.do it.again whatever gets you the info on what was debited.never trust collector slime.especially one like this.
Please bear w/ me, I'm still new... What does JDB mean? Is it
Please bear w/ me, I'm still new...
What does JDB mean? Is it junk debt buyer?
Another question: after all the hand-overs from the original creditor, to collection agency, to collection agency, and yet again collection agency, if no one succeeds at collecting the debt, what happens? Where does it go exactly? Or do they just hold on to your account until the next agency buys it?
Does it actually matter who has it, seeing as how its illegal anyway in NJ?
In any case, I'm going to get started w/ the old bank and find out what I need to know, then get started on this letter when I have the proper info...
here is what you need
JDB=junk debt buyer
yes since the debt was basically illegal it will be passed from piece of garbage to piece garbage etc;i don't consider any of the places you listed as anything else.btw as stated check the SOL(statute of limitations)as once that passes nobody can techincally sue on it.only in MS,AND WI does the SOL totally extinguish debt.so just know that you should report anybody who calls and threatens.first to your local police.then to your AG.btw let's say that nothing really was debited by loan point.you only owe the 300.00.period end of story,but you never pay a voice over the phone.as stated by the other person who posted.get it in writing before agreeing to/paying anything.
Ok got it. I definitely wasn't going to consider paying a red ce
Ok got it. I definitely wasn't going to consider paying a red cent without tangible proof, especially now that I've been on this board. I have no issue paying what was originally deposited, if it was deposited and nothing was taken back out. Sure, no problem. But $500 worth of "fees" on an illegal loan? I dont think so. Thanks guys for all your help.
Is there a link to another thread with letter examples for this situation?
There was one example I got from another thread here last night:
There was one example I got from another thread here last night:
[COLOR=black]Date:[/COLOR]
Name Of PDL
Your Name
City, State
Account #
This letter is to inform you that I am aware of the FACT that the loan you issued to me, is NOT legal or binding in my state. For your convenience, I have included my state payday loan laws below.
(Insert Your State payday loan laws here)
(Insert either [COLOR=red](a)[/COLOR][COLOR=black] OR [/COLOR][COLOR=red](b)[/COLOR][COLOR=black] which ever statements below which applies to you)[/COLOR]
[COLOR=red](a)[/COLOR][COLOR=black] The state of (insert your state) prohibits payday loans, therefore, I am bound by the state laws where I reside. As I have no presence in your state or country (only insert one choice, state or country, depending on your situation.), therefore I have no legal obligation to the 'governing laws' you may have detailed. [/COLOR]
OR
[COLOR=red](b)[/COLOR][COLOR=black] The state of (insert your state) requires Internet payday lenders to be licensed in MY state. I have already researched this information, your company does NOT have a license to lend in the state of ___________, if I am mistaken I will need proof in the form of a license number so that I may verify it with my Attorney General. I am bound by the state laws where I reside. As I have no presence in your state or country (only insert one choice, state or country, depending on your situation.), therefore I have no legal obligation to the 'governing laws' you may have detailed.[/COLOR]
Be advised that as of today (insert todays date) I am revoking ANY and ALL ACH authorizations with your company from debiting any AND all of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I also revoke ANY and ALL wage assignments I may have signed, by you, including but not limited to; any of your affiliates, dba's, and collection agencies assigned to this account. None of the above no longer have my permission to access my accounts or impose a wage assignment.
I will only communicate to resolve this matter via email. If you ignore this notice and attempt to contact me or any of my references via telephone, you will be ignored and any payments owed will be delayed. I am willing to pay the principle amount of the loan only, however, no address means NO payments, this is not negotiable.
If you do NOT reply to this notice within 48 hours I will be forced to file complaints with my Attorney General (insert name of your attorney general), the BBB and the Federal Trade Commission. If you reply to this notice with any misleading legal implications or menacing course of actions you are unable to follow through with, I will be forced to take actions against you which could cause you to lose your license in the state of (insert the state they are licensed in) [COLOR=red]<[/COLOR][COLOR=black](only use this statement if the illegal lender is licensed to lend in a state other than yours) and cause damage to your reputation, which could potentially decrease your clientele![/COLOR]
Sincerely,
Your Name
[COLOR=black]But my question is, do I still send this to the original pdl LoanPoint (even though they sold my account a while back and its already passed through so many hands at this point), or do I send it to United Litigations, who claims they're working for LoanPoint (even though LP says they dont know them)?? Or send to both?[/COLOR]
send letters to anybody else
loanpoint.the illegal bottomfeeder is out of the picture probably a year and a half ago the latest.so just send that to every other slime that tries to threaten,harrass,or attempt to get money with illegalities.that is what so many others used as a letter,but you can tweak it to suit you.
I would make sure you ask them to validate like Paul said this d
I would make sure you ask them to validate like Paul said this does sound like some BS. I went through that with 2 illegal Lenders selling my loan to a CA. I am also in NJ I asked for a debt validation letter and then I started filing my complaints eventually they CA's left me alone one marked my accoubt PIF! You have to file complaints and I mean keep filing them with the FTC, The BBB our AG is not that special but they will respond and tell you what you can do. Also pront a consumer complaint from the FTC site along with filing one there print the one for the Office of consumer protection and file one with them too! Don't let them push you around. Paul and a lot others helped me get through this the road will be hard and they will try to fight! Keep filing your complaints!:p
Wow, thanks a lot, because I was really hoping someone from NJ w
Wow, thanks a lot, because I was really hoping someone from NJ would chime in, lol.
Shouldn't I confirm with my old bank FIRST that the transactions
Shouldn't I confirm with my old bank FIRST that the transactions were made in the first place, BEFORE I send the collection agency the letter above? Because in the letter, it states that I'm aware that the loan that was issued to me is not legal. At this point the bank hasn't responded to my fax as yet with my old bank statements. They haven't even responded saying that the info is still available for them to send. So, should I wait for the bank's response (by letter/ possible fax), or should I still send the letter ASAP anyway?
good point
you mentioned the scammer said the loan was from 2007.you may have just applied for a loan and this piece of garbage just has that info.that is why it's best to get your ducks in a row before sending a thing to the collection slime.now is danettere stated file those complaints prior to that as all the BS they tried to spoonfeed you was illegal.so file the complaints,and wait and see what comes up with your old bank before corresponding further with united.