Warren Schembs\ PD6 Ventures/Express Cash

Jerkball, are you still receiving those emails or that has been stopped. How did you make it stop?

I tried to tell him to stop verbally, but he was a little baby who wouldn't answer the phone or return calls, just sending e-mails and a letter. So I threatened legal action, and sent all the e-mails, the letter, ect.. to my lawyer and all of a sudden it stopped.. Haven't talked to my lawyer, so I am not sure where the case stands, and if it was him or me who made it stop.

Just don't take any shit from the guy.

Send a letter of ceases all communications to the firm (certified return receipt).

Is he a fricking moron? They can't do debt collection practices via e-mail! That is one glaring fdcpa violation. You can clean house on this clown by reporting him to the Attorney General of the state he works in! Then you can have him whacked for $1,000 for every violation committed against you!

The whole payday loan business really needs an enema!

Sonic does collections by email also. All the letters I received from National Capitol Collections was by email.

They can't do that! I don't give a rats hat who they are, that is a violation of the fdcpa and those e-mails will make the AG jump several feet in the air and stick to the cieling! Those people are unbelievable morons! Report this crap because it's illegal! I beg you!

Even though I am finished with Sonic I can still file against them for collections by email?

Hell yeah! Collections by e-mail are illegal! How do they know they didn't type-o your e-mail address and demand the money from a stranger? It's a violation of your privacy rights. Get 'em!

I will get the paperwork and letter to the Attorney General ready and mail today. Once again you are an angel with information.

Come on girl! If you took legal action against every collection agency that ever contacted you, since they ALL broke laws, you would be quite a wealthy lady with all the damages you could get awarded to you! These 'wipes live the high life on the backs of people struggling. It pays to hit them where they live!

Ms Heather Lawson does her collections via email as well! Check out this email I received this AM...Ari, please tell me exactly what you think I should do....

April 13, 2006
To: Rachel Kaiser
Account #: 114568
Status: Level 5 Delinquent/Possible Fraud
From: Heather Lawson
Account Manager ECP CD

When we set up the accounts and issued the loan it was with the understanding that payments would be made, but unfortunately at this time we show that there has been nothing that has been paid out from your bank account and you have actively stopped any attempts we've made to retrieve our funds which constitutes theft. We have contacted you various times in various ways (e-mail, letters, phone) trying to re-establish contact with you and work this out in good faith. We have been acknowledged only with your silence, false promises, or outright refusal. Please touch base with me before 04/28/2006 if you want to resolve this so I may make any necessary adjustments. After this date, extensions and missed/late fees will begin to accumulate once more. A fraud investigation into this matter will begin on 04/14/2006, but you do have until the date shown above before legal actions are taken against you. The next contact you have regarding this will be an investigator, or an attorney which will mean reporting to the credit bureau, legal action, and garnishments, which we tried to avoid.

Thanks,
Heather Lawson
> Reconcile Consultant
> Xpress Cash/Laptop Shop
> 1-800-859-6439 x. 241
> 1-800-757-8373 fax
> 2756 N Green Valley Pkwy
> suite 871
> Henderson, NV. 89014-2120

I mean, I never recieveed a post letter from them ONCE!

rkai, keep that email, written evidence of violations is a beautiful thing

This is interesting, I received several "attachments" to an email from United Cash Loans the other day regarding my account.
When I asked them to send me something with the full amount owed, they said they couldn't do that. So I get several "form" letters, with the "This is an attempt to collect a debt...."
I'm bringing these to the state department when I see them next week.

JJ - do you think I should tell the lovely Ms. Lawson that she is violating the fdcpa, or is that too inflammitory? She has been kinda nasty in the past

If you tell her it may make no difference. I suspect that regular violators such as herself hate the fdcpa. Save that e-mail and send a copy to the AG of her state. That will fix her wagon. Not only is sending an e-mail an outright violation, much of the content of that message is a violation as well.

Ari, i can't seem to find anywhere in the fdcpa thing anyhting about email correspondence...am I blind?

No, your not blind. It's not there YET because the fdcpa was written during the Carter administration before e-mail was invented. Collection attempts via e-mail are a violation of your privacy rights and that is the violation of the FDCPA.

aha....gotcha. I think, as I mailed my first payment to my DC friday, I will wait and see what happens. I spoke with my DC and thy told me that the yare sending proposals and payments out by the end of the week. I responded as such to the sweet and caring Ms. lawson, so let's sit back and see what happens

this Forum has given my knowlegde, which has given me stregnth and power, and therfore, patience. I refuse to let these guys get me panicked anymore...she is spewing hot air....let her go

I would tell her that she is violating the fdcpa, the laws of your state and that you have forwarded her emails to your state attorney generals office for there use. I would let her have it in a civil, professional and take no prisoners

You will be doing the right thing. Payday loan collectors recieve 50% of the collected debt as a gratuity from the payday loan place. A commission, if you will, and the biggest hypocrites in the world are payday loan collectors. They will guilt trip you and dump on you for having debts, but then they take everything they earn and spend lavishly. When I worked at Protocol, I worked with people who drove brand new mint-condition sports cars while I still have my beat-up Hyundai (my Millennium Falcon, she may not look like much, but has it where it counts).

Keep the original loan amount in mind and pay only that. Payday lenders tend to tack on exponential interest and penalties which is another violation of the fdcpa.

My attorney called on him today. Never should have come this far. But I guess that is what happens when you deal with an extortionist, lol. We'll see what happens.

Good thing your attorney is now involved. The problem is, collectors don't usually fear lawyers. Many of them expect your lawyer to talk you into a settlement. I hope your attorney can get all the extortion fees waived. No reason why he can't.

I'd also suggest that you copy this e-mail with the full headers (ie., which show the route from whom and where it came from). Most online and e-mail programs allow showing these.

Right on! I think those print up automatically anyway since they are part of the e-mail. How stupid can this company be? They are just screaming to be punished with these foolish and unlawful practices. Can't they read? The fdcpa is NOT difficult to understand.

Does this company go by another name? I am now starting to receive e-mails from this person and I am a little miffed.

I realize from reading the profiles (of the few that bothered to post them) that most, if not all, of the board moderators aren't lawyers. But putting aside the fact that it's illegal in most states for non-lawyers to give legal advice, at least the moderators here could refrain from giving WRONG advice.

Example - On this topic, two different moderators have chimed in to declare that e-mails from collectors are a per se fdcpa violation.

Think about it. If e-mail collection attempts are a violation of the FDCPA simply because someone MIGHT type an incorrect address . . . then all written communications would be illegal. After all, someone MIGHT write the wrong address on the envelope. Or someone's roommate MIGHT open the letter by mistake.

The problem with that analysis though, is that the most of the FDCPA deals with the content and timing of collectors' communications. It is designed to protect the debtor's privacy and prevent abuse. (Examples: Restrictions on contact with third parties; defining and punishing harassment, etc.)

In contrast, very little in the Act addresses the specific form that collectors' communications may or may not take. Where these do appear, most apply to both written or oral communications. Nothing in the FDCPA forbids the use of written communications, including e-mail, except in certain certain circumstances. In fact, the few restrictions I see that are specific to written communication cover the use of postcards (which would clearly violate privacy) and using letters that look like court orders or other pleadings. (A form of misrepresentation.)

A lawyer would have asked the following, at the very least:

1) Did you provide your e-mail address to the original creditor as a means of contacting you?

2) Was this your personal e-mail or one provided by your employer?

3) If it was your employer's e-mail, does your employer have a policy against receiving personal e-mails and, if so, did you inform the collector of this policy?

4) Have you notified the collector - in writing - that you refuse to pay that debt or that you wish the debt collector to cease further communication with the consumer.

5) If you did give the collector this written notice, have you received any communications since?

The lawyer would also have told you that even if you did give the written notice described in question #4, the collector is permitted to send you one final, written communication for the following reasons:

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.

Frankly, I've been doing practicing law since 1994 - including representing debtors in bankruptcy and creditors in collections - and I can't tell you whether this e-mail violated the FDCPA or not. I would need a lot more information to do so, some of which I described above.

I'm not sure how these moderators can reach the conclusions they reach without that information. I think this board is great for helping people pick up strategies and tactics for their own dealings with various collectors. They're equally important as a source of exchanging information about the creditors themselves. (It's amazing how many, especially the pdl's don't have bona fide addresses and phone numbers.) But whenever someone starts handing out legal advice, watch out.

There are many laws that you have to sort through when you're in this predicament - FDCPA, FCRA, state debt collection laws, Right to Financial Privacy Act, Graham-Leach-Bliley Act, etc. Fortunately, the yellow pages are full of attorneys that offer free consultations. I urge everyone to call a real attorney if they have legal questions.

Hey Jedi Mistress, which agencies are offering 50% on payday loan paper? If they really exist I need to send out some resumes. :lol:

I've been in the business for eight years and have never worked anywhere that offered more than hourly rate plus a monthly bonus if I exceed my quota. Both third party and first party. Only the way they figure out the bonus changes. It's never been anywhere near 50% of what I collected.

It was Protocol Recovery Service, and their contract with Cashland and Cash America offered that percentage. Unfortunately, their Pensacola office just kaputzed and they only have Panama City and Atlanta left.

Preserve your dignity and send your resumes to a student loan collection agency.

I have had a pay day loan with PD 6 ventures for going on 6 mos. now and I can't seem to find out how to contact these jokers to repay the darn thing. Can anyone shed any insight on how to contact these people??

XpressCash.com keeps sending notes to my home that offer me a new loan. I don't remember ever taking a loan out with this company--although it is possible (a couple of years ago, I got sucked in and made a couple of bad decisions). They want me to check the box if my bank account is the same, or provide my new bank account info. And "by signing below, I am agreeing to the terms of my previous loan agreement."

I looked them up on the web today, and their website (www.xpresscash.com) isn't even coming up.

What do you suppose they're up to?

JER

Xpresscash is not a good loan company to do business with. If you are not in need of any loan, ignore this offer and call them to remove your name from their system. They must stop their marketing calls.

I have not only received emails from Xpress Cash a William Schleppi over and over again, but I keep receiving emails from First Credit of America.
They email me at least 2 times a week. So I should contact the AG in these folks states and tell them about my emails?

SHbear , what type of emails are they sending you? Are they offering you new loan or do you have a past account with them?

They say I have a past due account with them, but I never received any money in my account from them.

PD6 Ventures/XPress Cash is also DMS Marketing, I think. I have been receiving harrassing phone calls from a Brad Ragan, who demands the money today but refuses to send me a copy of my accounts that I owe on.

I've never done anything like this before nor would I and I just sat down to do up my checkbook and pulled out my bank statements for July and August and found that express cash had put 300.00 into my account and that every couple of weeks there taking 45.00 out of my account. I did get in contact with these people and they were very nice. I wanted to know how they were able to do what they did and they said that I had filed out the app. online and sent it in. They said that I had to sign an agreement and fax it back and I never did that. Did any of you have to sign an agreement for these loans? Now I have to go through my back to press fraud charges in order to get back what they have taken out.

Quote:

Oh I recieved several emails like that. I told them they must be crazy if they thought I was going to authorize them to get into my account. I told them the only way they would get payment was through my consolidation program. I even got a few after I included them in my bankrupty.

jp, Take Pinkladys advice do not give them your banking info. They will bleed you dry if you do. KYSIDE38

Pinklady,
Thank you for your advise.
I had tried to ask this Mr. Reynolds at one time, what this was for and never got an answer from him,,now months later I get this email.

If you didn't take out a loan, fight it now. It will just get worse . . . .

fdcpa rules only apply to third party collectors, not the original creditor, although harrassment of any kind is illegal. FDCPA rules don't apply in this case.

Someone named Jeff Featherston sent me emails about a payday loan, claiming that I owe them money. These people fail to tell me anything about his alleged loan, nor do I remember owing them anything, although I have taken out payday loans in the past. They also asked me to wire them money. Now that I think about it, I don't remember them even telling me how much this debt is. Everyone, let's just stick together on this. If we all file a consumer complaint with the Federal Trade Commission, we can get the government to come down on these people for their fraudulant acts. If you have been screwed by this company, or the company is trying to screw you, file this complaint. There is power in numbers!