PayDay Loan Questions

Payday loans are prohibited in PA so the contracts are null and void.
Follow the link in my signature line to learn how to deal with them. You owe principal only...no interest, no fees.

To the collector collecting...send this certified mail return receipt requested.

Dear Collector

I hereby demand you cease and desist any and all contact with me and anyone associated with me in regards to account #_____________, original creditor ________________. I reside in the State of PA and my state laws prohibit pay day loans. Thus the loan you are collecting on is illegal and the contract I signed in null and void.

Educated Consumer

Thanks for the response. This company still will not leave me alone. I'm going to post the emailing we have had going on for the past few weeks. They are still threatening me with court eventhough I have repeatedly told them that payday loans are prohibited in PA.

Stop answering them.

Again the companys names is Manuszewski, Suraf & Associates LLC

Here is what the sent me as debt validation:

Manuszewski, Suraf & Associates LLC
77 Mariemont Ave.
Buffalo, N.Y. 14220
Ph:(800) 399-8713
Fax: 716- 247-5047

VALIDATION OF DEBT

July 31st 2012

My Name Listed
my address listed

Balance: $865.25

Open: 11/11/2010

Creditor: SSM Group LLC

Charge Off Date: 1/20/2011

Acct#: 120367588233

Charged Off Amount: $430

Loan Amount: 250

Bank Account#: they listed my old bank acct# and bank name where I no longer bank

Employer: they list my employer's name

This is a communication from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.

Yours Truly,

Manuszewski, Suraf, & Associates LLC.
Christopher Manuszewski
President & Ceo

Would this be considered proper debt validation? Also they only sent this to me vie email. They have never sent me anything through the mail despite repeated requests. Mr. Manuszewski has stated that he has sent me documentation through the mail mulitple times yet I have never received anything.

Here is the emails between me and the debt collector over the past few weeks:

This is the email that they sent me after I told them that what they sent me was not proper debt validation. I have bolded where he threatens me with court proceedings:

08/15/12:
This is acknowledgement of receiving your email. Under section 809 of the FDCPA we have supplied you with the required information. Our office will cease and desist contacting you by telephone. Further more we will also cease collection efforts through the mail. With ceasing communication you leave us with only one option and that is to excercise our legal rights. You will receive via mail and or processing server notification of your scheduled hearing date. This concludes communication efforts.
This is a communication from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.

Here was my followup:
08/09/2012
You have not provided me with proper debt validation. Proper debt validation requires you to send me payment history on the accounts that you are referring and for you to provide me with any statements, signed contracts from the original creditor. You are only providing me a letter with your company's letter head with a balance. You also need to provide me how you arrived at the balances you say that I owe. All of this information is required by you to provide me before any court proceedings.

At the time these payday loans were supposedly taken out they were illegal in the state of PA despite any signed contracts that you may have, yet won't provide me. I am only liable for the principal of the loan less payments that have been made on the accounts. The interest rate you are asking for is not only illegal in PA but you also won't provide me with how you arrived at that figure, also illegal.

I also hope for your sake that you are serious about taking me to court because it is against the law for you to threaten me with court and then not follow through. I have saved and recorded all the communications between me and your company that I will gladly play before the judge. Despite what you think you are incorrect with many of the previous statements you have made. You have claimed that these accounts fall under the "bad check" laws which they do not. I have a recorded conversation with you where you state I would be subject to fines as well as up to a year in jail.

Also I'm going to make the judge away of the conversation between me and Bill Williams where he told me he did not have time to discuss the matter with me because in his words "I'm drinking a beer and and watching the game". Very unprofessional.

Their followup on 09/10/2012:
[COLOR=#000000]If you have an attorney Mr DiStefano you will need to have them communicate with us. [/COLOR]

[COLOR=#000000]Please be advised your continued harassing threats to take action against me and slander my company are pointless. For you this is personal. You choose not to take care of your responsibility and we have given you the chance to close this out for a lot less than what you owe. Your trying to bait me into making this personal and getting upset with you so you can get out of your responsibility, as well make a buck.[/COLOR]

[COLOR=#000000]The fact is we have every intention on pursuing you legally to resolve this matter. You are blatantly refusing to resolve this. However our time frame is the statute of limitations for the state of Pennsylvania. Currently I am inquiring on going through an Arbitrator on premise that it will be less costly for you if we are awarded the ruling. I am very confident that after we present the contracts, the documentation that we sent to you, the recorded conversations, as well as our emails that you will in fact be held responsible as you should be. [/COLOR]

You have 3 separate accounts that were taken and not repaid. You used the same bank account information, different names of the bank, to have the money placed into. Your bank will verify this for you. The first 2 were taken on 11/11/2010. That is when with the original creditor SSM Group LLC you gave the name of your bank as Wachovia. On that same day with the same routing and account information you gave JVC Processing the same information but with the name of the bank as First Union National Bank. Then on 12/6/2010 you used that same information to have a deposit from M1Y Direct put into First Union National Bank. As for the deposits on 11/11/2010 we have until 11/11/2013 to pursue you legally. For the one on 12/6/2010 we have until 12/6/2013 to pursue you. I am in no rush and prior to taking this action against you I am offering you the chance to resolve this amongst us, however your continued refusal to resolve this will lead to my office Manuszewski, Suraf & Associates LLC the owners of your delinquent matters to seek the assistance of the legal system to secure our funds. In your contract Mr DiStefano you agreed to repay and in the event of default you agreed to pay any collection cost, court cost, and attorney fees that are incurred. Right now in total between all 3 you are in debt to us in the amount of $2595.00. We offered you to settle this at $865.00 which is not mandatory for us to do so. Since that time your settlement has expired. We are no longer willing to offer you a reduction to these matters. You are expected to repay the full balance due immediately.
[COLOR=black].[/COLOR]
Now seeing as this has been communicated to you. Your continued negative remarks toward myself, my employees, and my business will result in a complaint being made with law enforcement. If you would like to communicate with me regarding your accounts please feel free to do so, however upon doing so refrain from making any derogatory statements toward myself, my business and my employees.

This is a communication from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.



My followup on 09/11/12:

[COLOR=#000000][FONT=Calibri][SIZE=3]Yet again you do not understand basic FDCPA laws. Your ???firm??? has yet to provide me with any legal debt validation despite numerous requests. You have only ever sent me documentation via email and not through US mail which is required by law. Also the documentation that you did email does not constitute legal debt validation. Simply emailing a balance on your company???s letterhead is not debt validation. I suggest you look up what debt validation is because apparently you are unaware of what it means. Once again, proper debt validation means providing me payment history on the accounts that you are referring and for you to provide me with any statements, signed contracts from the original creditor as well how you arrived at the balance you say claim I owe.[/SIZE][/FONT][/COLOR]

[COLOR=#000000][FONT=Calibri][COLOR=black][SIZE=3]Speaking of the balance you claim I owe. At most I borrowed $750. Please explain to me how you arrived at $2595? I would know how you arrived at that balance if you had sent me proper debt validation. Charging that amount of interest is not legal in the state of PA. That???s more than 3 times the listed borrowed amount. I can???t believe you even have the nerve to try and charge someone that amount. Also the $750 principal balance does not include payments that I made on the accounts. Again, you would know that if you provided me with proper debt validation. [/SIZE][/COLOR][/FONT][/COLOR]

[COLOR=black]As for the contracts that you are referring to. Payday loans are illegal in the state of PA. Thus the loans you are collecting on are illegal and the contracts I signed are null and void[/COLOR][COLOR=black]. [/COLOR][COLOR=black][SIZE=3]As with the FDCPA laws, I suggest you look up the PA payday loan laws.[/SIZE][/COLOR]

[COLOR=black]Here is their final response I received from them yesterday:[/COLOR]
[COLOR=black][COLOR=black]Mr DiStefano,[/COLOR]

[COLOR=black]Let???s begin by addressing your statement (Your "Firm") As I explained to you several times now Mr DiStefano, Manuszewski, Suraf & Associates LLC is a collection agency. We try in our best efforts not to take legal action. Sometimes we have to take legal action against those who refuse to resolve their matters with us. When we do so that is when we hire an attorney.[/COLOR]

[COLOR=black]I will happily send to you once again (this will be the 3rd time) copies of your debt validation. It has been mailed to you previously. Your balance is all (3) three of the debts that you owe combined. That means that???s all the money you owe our office. As you read through the debt validation notice that you will be receiving again. Pay close attention to the charged off amounts. Each are $430. Your balance per each account is $865.25. This is because $430 with 12 calendar months of interest, the interest rate of 6% being the usury rate of PA, equals $865.25. 865.25 x 3 = 2595.75[/COLOR]

[COLOR=black]"In the Third Circuit, the court articulated this standard: ???computer printouts which confirmed amounts of debts, the services provided, and the dates on which the debts were incurred constituted sufficient verification??? (Graziano v. Harrison, 950 F.2d 107, 113 (3d Cir. 1991))" For the final time I will explain this to you. Debt validation is simply supplying information to you about your original creditor. This is so you can confirm and verify the debt. I also noticed a statement made by you about Payday loans being illegal. I will not even begin to get into this with you, however I will say; knowing of the possibility of obtaining that loan would be a violation of law, why did you accept those funds? [/COLOR][COLOR=black]Please respond with the correct mailing address for us to get this to you (in which you have confirmed the one we have on file already but don???t seem to be getting our mail) [/COLOR]

[COLOR=black]At this point Mr DiStefano everything needed to be said has been said. You have been informed of our intent, our process, our options and finally your debt validation. From this point moving forward you can either continue to dispute these matters or choose to pay them. Unfortunately I just don???t have the time to keep going back and forth about this. If you do not pay we will seek legal action. Thank you for your time.[/COLOR]

[COLOR=black]This is a communication from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose[/COLOR]

[COLOR=black]Confidentiality Statement & Notice;[/COLOR]

[COLOR=black]This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is intended only for the use of the individual or entity to whom it is addressed as it may contain confidential and legally privileged information subject to the attorney/ client privilege. Any review, transmission, dissemination to unauthorized persons or other use of the original message and any attachments is strictly prohibited. If you received this electronic transmission in error, please reply to the above referenced sender about the error and permanently delete this message. Thank you for your cooperation[/COLOR]


[COLOR=black]So for the long posts but they do have me a little worried about being taken to court. This week I filed complaints with the FTC and my states AG. Should I be worried or does this company have no chance of taking me to court? I would like to pay off the what I owe left on the principal but not what they are asking. Also they won't provide me debt validation.[/COLOR]
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Thanks Ohio girl. They just have me worried about being taken to court.

You need to file a complaint with the FTC and the PA Attorney General.

Also, they do not have to provide you with payment history, statements, etc. You are certainly within your rights, however to ask for a copy of the signed contract.

Show them this (scroll down to 5/22/12 Down Under Ventures, Ltd. d/b/a Cash Jar; Hong Kong Partners Ltd. d/b/a Cash Jar; Henderson, Wyatt, Weinstein and Associates; and District Restitution Services)

unregistered poster who did not help out at all. Why would you fle bankruptcy for illegal lenders?

Definately follow Ohio Gal's advice and file with the FTC and the PA AG, but you know what? If they try and take you to court, GO. You will have your ducks in a row for the Judge and I bet that you will beat Mr. Fancy-Pants who is sending you these snotty emails.