Help With payday loan thru First Bank of Del & now with coll ag

What state do you live in? Debts are civil, not criminal. You cannot be arrested. Illegal collection agency contacting you.

I am in Virginia. The loan was done online through one of the websites that puts you through all these different lenders. Thanks for any help you can offer. As if finances do not have me stressed out enough & now I am super stressed being told I will be arrested for this.

The only legally licensed lender is CheckCity. Click on the forums section, under that click on payday loan help, under that is a link for dealing with unlicensed lenders. Follow each and every step.

Thanks so much for your help! Do these steps still work if the loan has been sold to a collection agency? It is the collection agency that is the one calling me. The loan was originally done online thru First Bank of Delaware but now it seems like they have given the account to a collection agency and now I think it is now in the hands of a different collection agency but they are using the same scare tactics as the first one. I do not think I have ever even spoken with anyone from First Bank of Delaware.

Can they legally contact my family members (not even sure where they got their numbers from) & give them all this information & tell them that complaints have been filed against me? I thought they could not disclose information like that to other people?

Thanks again for all your help!

under the payday loan help link is a section on phone calls from debt collectors. this will tell you how to deal with them. Read it in its entirety. Stop stressing as everything will work out fine and good luck to you

One more thing, register with the forum!

So, I contacted the debt collection agency back (their name is Providence) and asked them for some simple information....conversation kinda went like this:

I asked for the name of company: Providence
Asked for her name: Samantha Hayes
Asked for Address: she asked why I wanted the information & I told her that I did not recall the name of the payday loan company (I went thru a website but the lender was First bank of delaware & she told me it was thru Think Cash) & that I wanted information because I was thinking of consulting with an attorney. She told me that due to privacy regulations/issues that she could not give me the address. That I could have my attorney contact her today at the number I called. I also asked her for a letter of collection to be sent to me and she gave me a bunch of legal speech & said that this case was beyond having a letter of collection mailed & that paperwork would be sent on monday to go ahead & take this matter to court & that I would be summoned to court to start litigation. When I asked what the litigation was for, she said for a civil matter. I stated to her that in her voicemail she said they were pressing charges on me for a bad check, Breech of Contract & for attempting to defraud a financial institution & the way her message sounded was as if they were trying to press criminal charges. She then told me that this was my interpretation of the message but that was not what it was that all of these charges were civil. She said my only resolution was to have a attorney contact them today or make a payment today & if not charges were being filed on Monday & then she wished me good luck.

I am not sure if I handled this correctly or not. To me when someone threatens those types of charges against you, that sounds like criminal charges? I also forgot to request that they no longer contact my family members. I am embarassed enough that they called my family members (especially my in laws) and said that these types of complaints were filed against me (they did not speak to them directly but left all this information on their answering machine). Can they do that? Sorry to keep asking all these questions but I don't know what to do & at this point in time, I cannot afford a attorney. Thanks again!

There are consumer advocate attorneys that would be interested in taking on your case. You are entitled to $1,000.00 per violation of the Fair Debt Collections Practices Act which is Federal Law. Make sure you save all of the voice messages they left you. A collection agency cannot leave a voice message stating any specifics of your account and threaten that you are going to get arrested or even threaten legal action unless they have already started it. They also cannot leave messages on other friends phones with any specifics or family members.Each violation is 1,000.00 per occurrence. They also can not call you or any one else at a phone number that you have never gave them or any of their affiliates also another 1,000.00 fine per occurrence. So make sure you and any of your friends or family members save ALL of the messages left. If you need further help I can refer you to some Attorneys that would be interested in these type of cases.If you would like more info you can email me at Email removed per Terms of Service Hope this helps.;)

You have 2 problems.
1) First Bank of Delaware loans from 3 years ago, were legal, installment loans. You're going to need to pay them back. But don't pay this collector who has been calling you.

2) This collection agency is breaking FDCPA regulations. You need to file a complaint against them with the FTC. You may also consider contacting a consumer attorney who will take your case and sue them.

However, what the unregistered poster above me is telling you is incorrect. It's not $1000 per instance. It would be up to $1000 total.