logo

Debtconsolidationcare.com - the USA consumer forum

HELP! I am a imbecile!

Date: Fri, 10/07/2011 - 10:08

Submitted by berbarperry
on Fri, 10/07/2011 - 10:08

Posts: 12 Credits: [Donate]

Total Replies: 17


I readily admit I am a moron, idiot, imbecile, cretin, etc!

I foolishly obtained a payday loan from Advance Me Today, for the amount of $500.00.
On my next payday Advance Me Today, attempted to withdraw $650.00 as opposed to the $150.00. My checking account charged $30.00 for NSF. When I called Advance Me Today, they claimed it was at their discretion to withdraw the full amount on the due date!

I receive telephone calls “daily” from Advance Me Today, telling me I need to make arrangements, and I need to give them my “new” checking account information! Advance Me Today, claims they will “have an affiliate” serve with me court papers, to pursue legal action! I will readily pay them back; however now they are asking for over $1000.00!

I sent a cease and detest letter, and also explained that payday loans were illegal in Pennsylvania! Advance Me Today, claims the USA laws and Pennsylvania laws do not apply to this loan!

I closed my checking and savings account! Changed my telephone numbers, (due to the constant daily calls).

My credit is in the toilet! I am hanging on by a thread literally! I have three joint credit cards, that I am paying off, and a car loan with Capital One (all of which are 60-days plus late). The rest of my debt is charged off! I don’t want to declare bankruptcy! I am currently investigating the services of Care One! And truthfully wondering if I should let the other crap “sit” until I catch up on my joint credit cards, and car loan! Or even if the other crap is even worth addressing at the current time!

Any help, and/or insight would be most appreciated!


since all pdl's are illegal especially this one in PA you only owe 500.00 and should pay that back,but only when they agree to that.btw your state laws do apply.that is just what an out of the country piece of diry claims.file AG,AND FTC complaints,and do not talk to them further.you only owe the 500.00 and that is only if nothing was debited yet.again file the complaints,and do not talk to them further.a waste of your time.last thing PA is non-garnishment so simply draft a WAGE ASSIGNMENT REVOCATION letter and give it to your payroll person.then pay them via money order to a verifiable address.no other way,and ar your convience not theirs.


lrhall41

Submitted by paulmergel on Fri, 10/07/2011 - 10:17

( Posts: 15514 | Credits: )


Now ???Advance Me Today??? is threatening to call ???me??? everyday. A fraud investigator) (Named William Hill) with Advance Me Today, stated me will personally call me every day! Threatened to send a process server to my employer and serve me with legal documents! Threatened to garnish my wages (which cannot be done in Pennsylvania)
Then ???their??? Recovery Manager (Dave Bourn) stated they will mail documentation to my credit union(s) and report my banking activities! And report my activity as fraudulent!
I finally broke down and made arrangements for a ???pre-paid??? debt card! But, only for a hundred dollars, a pay period! Then wanted my checking account information and I said I don???t have any checking accounts, or saving account!
I did call the Pennsylvania Attorney???s Office, they were not helpful!
I then called the Pennsylvania Banking Commission! They were very helpful, and reinforced what I already knew! That payday loans were illegal in Pennsylvania! And I need to fax a copy of the contract to them!
I can???t figure out, how it can get any worse! My car was reposed from Capital One, last week! (I just got that back)! I just cannot figure what else can go wrong! And I still have all the other crap hanging over my head???


lrhall41

Submitted by berbarperry on Mon, 10/17/2011 - 09:36

( Posts: 12 | Credits: )


Stop talking to them.

If you have caller ID, don't pick up the phone when you see their number. If you don't, hang up as soon as you know it's them.

Pay your car payment and other bills first.

This is an ILLEGAL lender. They can wait. You should only repay the principal balance of the loan. Regardless of what they say about whose laws prevail, PA's law is the winner here.


lrhall41

Submitted by OhioGal1 on Mon, 10/17/2011 - 10:58

( Posts: 5253 | Credits: )


you don't agree to anything until they admit you only owe 500.00.btw you should file complaints with your AG.some don't really help over the phone.so you do not load that card.in fact cancel it if you can as they can try to double-dip.meaning they take the 100.00 twice causing you to owe 100.00 on the card.never trust an illegal lender,and never agree to a thing until they relent on the amount owed.


lrhall41

Submitted by paulmergel on Mon, 10/17/2011 - 11:00

( Posts: 15514 | Credits: )


I sent another cease and desist to Advance Me Today directly to Desean Campbell! He claims he never got it!
[SIZE=4][/SIZE]
I told them to "stop" calling my references! And "his" response, was the following: he will call them until the account is current! I reminded I have sent over 6 "cease and desist" letter! I was then told they "are permitted" to call each number "once" a day!
[SIZE=4][/SIZE]
I am trying so hard to deal with this situation, without losing my mind! And, it's not working, very well!
[SIZE=4][/SIZE]
[SIZE=4][/SIZE]
[SIZE=4][/SIZE]
[SIZE=4][/SIZE]


lrhall41

Submitted by berbarperry on Tue, 10/18/2011 - 08:36

( Posts: 12 | Credits: )


Soaplady all parties involved in the collection of a debt let it be the orginal lender or a third party collections must abide by the C&D letter.
Berbarperry continue to file complaints with your states AG each time they call as well as the FTC. I would also say that once you see it is them to just ignore the call. If you have a smartphone there are multiple apps that you can download for free that will automatically hang up on the caller. Tell your refernces that you are the victim of fraud which you are and to just ignore the caller and if the caller states anything threatining such as having you arrested have them file police reports against the caller. I know that these slime balls can be intimidating but you are protected by the law and there is nothing that they can do to you.


lrhall41

Submitted by tousi76 on Tue, 10/18/2011 - 17:32

( Posts: 141 | Credits: )


Quote:

Soaplady all parties involved in the collection of a debt let it be the orginal lender or a third party collections must abide by the C&D letter.


Sorry but you are WRONG. The FDCPA only applies to THIRD PARTIES unless your state laws allows higher protections. Suggest you read the act. You can ask a creditor to stop calling but there is no law requiring it.


lrhall41

Submitted by SOAPLADY on Tue, 10/18/2011 - 18:26

( Posts: 17315 | Credits: )


Sorry but I am not wrong I have read the FDCPA and also have talked with the FTC on who the law applies to. Section 805c cease communication goes for any one that is trying to collect a debt be it the original or third party collector, if a c&d letter has been sent and the collector has stated they have received it and still continue to call this is a violation of the FDCPA accourding to the FTC no matter if it is the original or third party collector. But I do not want to get in an argument about this because we are all here to help those that were in the same situation that we all have gone through.


lrhall41

Submitted by tousi76 on Tue, 10/18/2011 - 20:18

( Posts: 141 | Credits: )


Section 805 refers to a "debt collector"

[QUOTE]Section 805(a) -- Communication with the consumer. Unless the consumer has consented or a court order permits, a debt collector[/QUOTE]

Definition on a debt collector in 803
[QUOTE](6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indi sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests.rectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last The term does not include -
(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;
[/QUOTE]

The original creditor collecting under their own name thus cannot termed a debt collector...thus they are not bound by the FDCPA.


lrhall41

Submitted by SOAPLADY on Tue, 10/18/2011 - 20:37

( Posts: 17315 | Credits: )


Regardless of FDCPA interpretation, anyone can send a C&D if they feel they are being harassed. You might have to prove harassment in court, but the ability to C&D is what it is.

The problem here is, this group is offshore and operating illegally. If you truly want them to leave you alone, your best course of action is to ignore them and tell your references to do the same. As long as they have someone to argue with, they will hold on to the hope that they can convince you to hand over your money.

They can't argue if you don't pick up the phone :)


lrhall41

Submitted by OhioGal1 on Wed, 10/19/2011 - 07:16

( Posts: 5253 | Credits: )


I am so sorry that you have to go through this. We have ALL been there, trust me.
You have been given great advice, but what I want to do is tell you to focus on what is important FIRST: your mortgage/rent, the lights, food, phone, etc. Only at that point, should you worry about putting anything towards this debt. And in regards to this debt, since it is illegal, all you pay is the principal (what you actually got). After that, tell them to go fly a kite.


lrhall41

Submitted by kscornell on Mon, 10/24/2011 - 19:59

( Posts: 4407 | Credits: )


I "called" all my other creditors got my payments rescheduled! Things are still behind, but atleast I am making arrangements!

I just my car back from being re-poed from Capital One!

I guess my main question is: Will Advance Me Today, actually serve me papers to sue me? Or just send my account off to a collections agency?


lrhall41

Submitted by berbarperry on Tue, 10/25/2011 - 10:03

( Posts: 12 | Credits: )


For a $500 illegal payday loan? I doubt it. They'll make calls saying they're going to sue you and serve you at work or that you're going to jail, etc. They'll sell it to a 3rd part scummy agency who will break the FDCPA left and right.

Stop worrying so much.

Pay it when you can pay it.

Have you secured your bank account? Have you covered yourself with your payroll department at work?

That's all that matters.


lrhall41

Submitted by OhioGal1 on Tue, 10/25/2011 - 11:56

( Posts: 5253 | Credits: )


they won't take you to court is PA is non-garnishment anyway.youre HR/payroll person should know this,but as ohiogal stated make sure you are covered as far as that goes.then as others have also advised.stop talking to them already.


lrhall41

Submitted by paulmergel on Wed, 10/26/2011 - 06:35

( Posts: 15514 | Credits: )