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Emerald marking threatening to sue but...

Date: Wed, 06/13/2012 - 04:55

Submitted by Justin Keels
on Wed, 06/13/2012 - 04:55

Posts: 7 Credits: [Donate]

Total Replies: 18


How's everyone doing? In feburary I did a payday loan with kenwoodservices services only. As you know a bunch of emails came after signing up but kenwoodservices is the only one I verified with over the phone and my bank to get the funds.

Checking my statement later in I see that emerald marketing funded me $300 towards my account. I never did any e-signature or no talk over the phone or any verification with my bank. I just recently checked my past emails and seen an email from them just stating that they are funding the money and unless I call to cancel the funds will be sent. I never read that email because I only signed up for kenwoodservices and did the verification and thought the rest of the emails were scams.

Now a woman named Lori is telling me I owe $510 and if I don't pay she has to go to her attorney and serve me papers and possibly pay up to $1500. I got off the phone yesterday making arrangements to pay $255 this friday and then the rest on the 29th. She wanted to settle for $390 if I could pay on the spot but obviously I can't.

So what or is there anything I can do to avoid this or take care of this without dishing out this money. I don't know who to go to or call for help and I don't want to dish out the money if I don't have to on friday because I have rent and other important bills.

I live in new York state. Im in desperate need for any info or help before friday comes to find out if they are really going to sue me or give up extra money to them. Please help me out. Thank you in advance

Also my bank account got closed due to nsf fees


Alright thanks for the quick reply. I read through your link and will call today and let them know I want to pay only the principal only on my terms.

But just to be clear in case they try again, they can't serve me any papers or take me to court or anything right? I intend to pay the principal only but like said on my terms. Thanks again


lrhall41

Submitted by Justin Keels on Wed, 06/13/2012 - 05:13

( Posts: 7 | Credits: )


follow soaplady's advice and go to the sticky in her signature.now a couple of things you need to know about emerald.

1)they are foreign based(any US address is a maildrop only)so see what was debited before paying a dime.
2)despite their illegality and being foreign they do attempt wage assignments so get the revocation letter in soaplady's signature to your HR/PAYROLL person asap.

btw you only owe the 300.00 and anything debited gets deducted from that and you pay it when you can.it's their dumba$$ fault they operate this way.they get what they are owed(the 300.00 minus any debits)on your terms,not theirs.


lrhall41

Submitted by paulmergel on Wed, 06/13/2012 - 05:39

( Posts: 15514 | Credits: )


first off hydra is based in NEW ZEALAND.they seem to be a newer piece of illegal pdl garbage.i'm guessing you got nothing in writing from this collector.well then tell them you don't have a clue what they are talking about,and will not speak to them further without something in writing first.just be prepared to file complaints against both hydra,and this bottomfeeder.


lrhall41

Submitted by paulmergel on Wed, 06/13/2012 - 05:43

( Posts: 15514 | Credits: )


Here is a letter from a collection agency of a payday loan I have with kenwood services. I'm in the process of getting my bank statements to see how much I overpaid and get those revocation letters out. Now with this letter from the collection agency, all I would do is send them the validation letter right? This guy was talking about bringing me to court this friday coming to get me. Is this just a scare tactic??? Thanks again in advance.

June 13, 2012


Justin Keels



Original Creditor Kenwood Services
Current Creditor HBC Services Inc.
Account Number
Reference
Total Amount Due $350.00
Dear Justin Keels,
HBC Services, Inc. has purchased your above referenced Kenwood Services account. HBC Services, Inc. is now the owner of the account with the authority to decide how it will be collected. The full balance is due. If you cannot pay this amount in full, please contact this office to make suitable payment arrangements at 866-304-2305.

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request of this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor, if different from the current creditor.


For your convenience you can go online to make your payment at www.hbcservicesinc.com/payments.





Sincerely,



Eric Banks
Collections Manager





This communication is an attempt to collect a debt by a debt collector. Any information obtained will be used for that purpose.


lrhall41

Submitted by Justin Keels on Wed, 06/13/2012 - 13:02

( Posts: 7 | Credits: )


you don't respond to anybody until you secure/close your account,and find out how much you truly owe if anything.bottomline they can't/won't validate an illegal debt.unless you borrowed 350.00 and nothing was debited by kenwood you don't owe 350.00.save that email and respond later,but again secure/close your account and find out how much you truly owe first.then get the letters out.very important.


lrhall41

Submitted by paulmergel on Thu, 06/14/2012 - 05:24

( Posts: 15514 | Credits: )


Letter to CA...send via USPS certified mail return receipt requested.

I hereby demand that you cease and desist all contact with me any other party in regards to account #______________, original creditor being ______________.
Payday loans are prohibited in New York state and as such the contract I signed before being educated in the legalities of payday loans is null and void. I will pay the principal back via money order at my convience. (If you have made payments state how much you have paid and how much you owe.)


lrhall41

Submitted by SOAPLADY on Thu, 06/14/2012 - 08:02

( Posts: 17315 | Credits: )


Alright here is the deal now. I sent out all my revocation emails, copies to my employer, and sent out the cease and desist letters to the collection agencies HBC Services (for Kenwood Services) and National Credit Adjusters (Hydra Fund III). I sent the letters on friday which said it would arrive on monday which was yesterday. I get a call today from Miles Howard leaving a voicemail saying that this is my last chance to call today and if not then the files are being prepped to serve me in my county yadda yadda.

Now I know they have the cease and desist letter so what's up with them calling me and then my parents house then my job right after?? And also they claim to be HBC Services but yesterday I got a letter from National Credit Adjusters and this time its under Kenwood Services. So now I have the kenwood services at 2 collection agencies at the same time??

I know you said if I get taken to court or whatever that I basically state payday loans is prohibited and illegal in NY State so that should be dismissed if it goes that far right??

And about them calling me after sending the cease and desist, what happens if they keep calling? I feel like suing these people for the stress they are putting me in and having my employer upset that I'm getting these calls and the inconvenience of them calling my parents.

So basically I really shouldn't worry about them suing me right? And the revocation emails I sent out I got no response even though I stated I'm willing to pay the principal minus what I paid in fees on certain dates I provided.

Thanks again for everyone's help.


lrhall41

Submitted by Justin Keels on Tue, 06/19/2012 - 12:38

( Posts: 7 | Credits: )


With legit collectors, they can only contact you one more time after sending a C&D to let you know what their intentions are. After that, if they contact you, you can sue for violation of the FDCPA. As for the crackpot collectors, they don't care as they usually do not have a legit set-up, so trying to serve them with a lawsuit would be difficult to achieve. Just make sure you keep a copy of your C&D and records of when they contacted you. Read up on the FDCPA as well.


lrhall41

Submitted by ceelovedee on Tue, 06/19/2012 - 13:27

( Posts: 30 | Credits: )


which question/other post?if anyplace calls anybody else they should file police reports as those calls break the law hand over fist.as stated before no pdl is legal in NY and anybody calling,or emailing should be reported to your AG, and the FTC.do that knowing any threats are illegal,and they can claim you owe 1,000,000.00 and it doesn't mean d*ck as they are lucky to get the principle back.which is all they are owed.treat any calls and emails as illegal stupidity and report them.hope that helped.


lrhall41

Submitted by paulmergel on Wed, 06/20/2012 - 05:37

( Posts: 15514 | Credits: )