Need some feedback on this situation
Date: Mon, 06/26/2006 - 14:08
They hit my checking account twice after receipt of my letter. I disputed it with my bank twice along with all my documentation and I received my money back (twice). The account is being closed tomorrow due to all of this. I wrote the banking commissioner a letter of complaint. They in turn wrote the pdl a letter asking them to explain why they debited my account without my permission and mentioned the usury laws as well. They have 30 days to explain.
Today, they called my work and home phone and left a message. Remember I included a cease and desist of all phone calls which they acknowledged they received the letter. I just faxed them another letter telling them that they are being investigage for unauthorized debits to my account. I told them I will sue them for
1. Unauthorized debits
2. Unfair collection practice, ignoring the cease and desist and infringement of my rights concerning this (fdcpa).
I took this loan out when I lived in PA, I now live in Jersey. This is one of those pdl's that state they abid by the law of the state whre they reside, not where I reside which we know is incorrect. They state they abid by New Mexico law but have an illinois mailing address. Go figure.
If I wanted to write to the attorney general and make a formal complaint, should I write to the PA attorney general where the loan originated or Jersey, where I reside now.
Feedback from the forum would be great.
Everything is alright but you can't charge a payday lender for v
Everything is alright but you can't charge a payday lender for violating the cease and desist rule because it is applicable on CAs only.
Apart, you have a strong legal stand against the lender for making the unauthorized debit in your account especially after sending the revocation letter. The company broke the law. It will be better to notify the attorney generals of both the state (PA and NJ) because further correspondence with you is to be done where you are presently residing.
I was under the assumption that you could ask any creditor to ce
I was under the assumption that you could ask any creditor to cease and desist all phone calls. I had had success with this in the past.
I wasn't clear on the above, the pdl's collection office called
I wasn't clear on the above, the pdl's collection office called me. That is why I used the cease and desist.
After you send the request to stop communication with you, the l
After you send the request to stop communication with you, the lenders may honor it or may not. But they are not bound by any federal laws in this regard. Read the fdcpa act for complete information.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm