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payday loan goes into collections after receiving letter

Date: Sat, 06/17/2006 - 05:55

Submitted by KittieKat
on Sat, 06/17/2006 - 05:55

Posts: 308 Credits: [Donate]

Total Replies: 8


Got notice from CA that they are now collection for one of my payday loaners that have already received my letter concerning usury, I was thinking about send them a copy of letter but are they now a part of any illegal collections? Is the debt valid? They sent it to an agency in my state. You would think they know the state laws concerning this and not try to collect a claim that will turn out illegal. I am sending letter on Monday, along with copy of letter pdl signed for and state that no money will be paid on this account due to usurious activity in my state. I did more reading on the internet the other day and my state has had usury laws since 1800's in place. The end of the article said this usury law has keep payday loans preditors out of my state.


Dispute the Debt as not owed under the fdcpa. (this is not the same as validation). Cite the Applicable state statute, and out line the payments you have made and the specifics of those payments, and how that relates to governing state law. Advise them continued attempts to collect will violate the FDCPA and that you will Contact your State Attorney General as well as the Agency which Issued their license and seek disciplinary action as allowed by law. Also advise you intend to seek any and all financial penalties for violating the FDCPA and FCRA as allowed by law.IF you have your documentation in order this is a Clear cut case for a Cease and Desist. Don't even allow for mail contact. If they are in your state, you should have a level playing field on this one. Please let us know how this goes, as this maybe the first time someone has challenged 'the letter'.


lrhall41

Submitted by LCW on Sat, 06/17/2006 - 07:53

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Thank you very much Clay. I am very pleased with the letter I prepared and will send it today. Please note in doing this, I have paid this loan's principal. I have overpaid in interest. This is why I am not owing any debt to the collection agency. I don't think I will hear from them again.


lrhall41

Submitted by KittieKat on Mon, 06/19/2006 - 09:41

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The payday loan company will notify the collection agency after knowing your latest moves. If you have proof of paying more than the required amount, you are not bound to pay anymore. Stick to your legal lines and get the matter straightened. I am sure it will work because you have a legal stand.


lrhall41

Submitted by Justme on Mon, 06/19/2006 - 12:42

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I will stick to my guns on this one. I already paid in over the principal and included my orginal loan amount and payments made in the letter. I included my usury laws and stated this debt is not owed. I sent the letter cert'd along with a copy of the original letter to the pdl and a copy of the cert slip showing they signed for it. I also sent all of this right back to the pdl cert'd so they know I have no intention of paying a dime.


lrhall41

Submitted by KittieKat on Mon, 06/19/2006 - 12:57

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since they received my cert'd letter (both the CA and the PDL got a copy) I haven't heard from either. I suppose that is a good thing.


lrhall41

Submitted by KittieKat on Tue, 06/27/2006 - 06:54

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KittieKat, I think I sent the same type of letter that you are talking about (it was about a page long, bus it said they're violating TX law, not licensed, etc., and that I've already overpaid on the loan, so I'm requesting it to be marked "paid in full" with no derogatory credit marks), but I signed it and faxed it directly to them. Do they typically just disregard faxes, and I need to send it to them another way?


lrhall41

Submitted by apaverystar23 on Tue, 06/27/2006 - 09:31

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I sent mine both fax and then cert'd mail. They received it and I have proof that they signed it. my situation was a timing issue I think. my account went to a collection agency about the same time they (the pdl) would have received the cert'd letter so I wrote a letter to the collection agency telling them that no money is due on this account and do not attempt to contact me. I included the letter I sent to the pdl and just to have all bases covered I sent the pdl the copy of the letter I sent to the collection agency. I think they read their faxes but choose to ignore them.


lrhall41

Submitted by KittieKat on Wed, 06/28/2006 - 06:32

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