Breach of contract
Date: Thu, 04/18/2013 - 19:07
I fell into the payday trap a few years ago. I have paid so much in interest that it is insane. I live in Ohio and all of my PDLs are legal. I had three. In December I closed my bank account and asked for EPPs with two of them. After I asked for the EPP I realized I wasn’t going to be able to swing the payments. I talked with a loan consolidation company and the man suggested that I let the accounts go to collection so that I could negotiate a lower payment plan with them. Last week I received my first collection call. The left me a voicemail stating that I was being notified that I needed to call this 1-800 number before further action was the be taken. I called the 1-800 number. The man explained that Check N Go turned my account over to them and that they were using a locating company to find me. Why, I do not know because I have not changed my telephone number or moved. The man also told me that Check N Go was looking to sue me for breach of contract with them because I closed my bank account. (I did notify them that I was revoking all ACH Authorizations) Long story short, I set up a payment plan with this company to pay off the debt. In the mean time though, the locating service that they used called and left a message on my brother’s answering machine stating the same message that I received. Is that legal? IT stated my name and everything. I have never lived with my brother, so I am unsure how they even got that telephone number. Now, I am a little weary that this collection agency may be a scam. I called Check N Go to confirm that they turned the account over, but I haven’t heard anything back yet.
they are not using a locating
they are not using a locating company...they are making the secondary calls and it is NOT legal...it is an FDCPA violation. Send the CA a cease and desist letter and call check n go back and tell them you refuse to work with a CA who cannot follow the law.
If the loan is legal, then
If the loan is legal, then they can sue you for the funds because you breached the contract,