I'm losing it y'all...Round 4...HELP

Wow. I don't have any experience with those companies, but I think it wouldn't be a bad idea to let your employer know you are being harassed, and that the company plans to do the same while you are at work.

Did you send the cease and desist letter certified, with return receipt requested? If it is a 3rd party collector, violating a C&D letter you have proof they received, then you can sue them for violating federal law. Isn't it something like $1000 PER incident?

Not trying to be noisy here. Did you send them a payment- MO, etc- and they returned it? I would think that is indeed proof that they are idiots lol.

Dana

No, I never sent any payment...the c & d letter was sent to the actual company, so is it not valid?

dream, report them immediately to your state attorney generals office and the next time they call inform them as such and hang up. no you cant be arrested.

i just really can't take it any more...i'm at the end of my rope. i am not a bad person, just made some wrong horrible decisions...i think they are legal in my state, i just read something that said internet lenders can get around state laws. :(

I see Sonic is still up to their illegal tactics. :x
They cannot have you arrested for this, they are just blowing smoke. Did you send the letter certified to Sonic Payday Or CTC? (which ever one you are actually dealing with) I would follow JJ's advice and file a complaint against them as soon as possible. They will play nice then.

It's not that it isn't valid, it's that without a return receipt from the post office, you don't have proof that they received the c & d letter. It's your word against theirs, and we all know how conniving and dishonest many of these companies are.

It's about $2.40 per letter, but I would send another c & d letter tomorrow. It will take about 2-3 days for the company to receive it, and then when they know that you have PROOF they received it, maybe they will stop. I would include in the letter that if they attempt to contact you at work in any way, after receipt of this letter, you will start legal action against them.

To back up, is it the original creditor you are working with, or a collection agency representing the original creditor? Laws are different for each, such as an original creditor doesn't have to abide by a c&d letter etc.

IF they are using a 3rd party collection agency, then they have to abide by the fdcpa

http://www.creditinfocenter.com/rebuild/creditorharassment.shtml

for more on FDCPA

How do I file a complaint? What will happen after I file the complaint? I sent the letter by fax, but will send it by certified mail tomorrow...Do you think they will serve me at work?

I'm dealing with the original company... :(

Dream Big77, do not let them kick you around! Her are some pointers:

They ignore a cease comm, just hang up.
They call you at work, depress a key on a dialpad and let the monotonous keytone deafne the ****.
They call you undeucated? Call them charlatans!

And yes, you can make partial payments and if you do they can't do jack! Ignore their pleas for a bonus check on your back, because that's all it is. You can pay as much as you can afford and they can't take you to court becasue it will be thrown out! Especially if you have copies of your cease comms to prove that they shouldn't be harassing you.

They will not serve you at work! Their whole dog and pony show is just a ruse. They're trying to scare you into bending to their wishes and they're full of sh!t. They are a bunch of lying, conniving charlatans. You don't have to talk to them, they don't own you!

[color=Red]****Adult term removed - Jason[/color]

I have been avoiding calls from Sonic for 2 weeks since I've been with T&C. They stated they do not accept partial payments. I sent my first payment to T&C on Friday, so we'll see if they accept it. If they do, the power lies with me, not them anymore!

Be strong, and you will see success in time.

i just don't know what to do........ :cry:

Make the partial payaments and F them! That's what to do! Don't listen to them, the whole thing is a farce to get a bonus check to be spent on tacky status symbols.

dream_big,

drats I forgot we are talking about payday loan companies here. As others wrote, the company will push you, hoping that you will break down and sudden develop the ability to pay them in full.

And no, I don't think they will serve you at work. After reading posts by others here that have dealt with that same company (Sonic and their various aliases), the company and their reps seem full of it. They use harsh tactics to try to scare you into agreeing to payments you can't afford.

Hopefully they will quickly get the message that you won't respond to their attempts. I would still send the c&d letter via certified mail, return receipt requested, so you have something to waive back at them.

Most of all, try to take some time tonight to relax and not let yourself get overwhelmed. I know it's so easy to do so when looking at the situation, but you need to set up a mantra for yourself to help you get through. :)

They will take the payment from T&C. Don't let them jerk you around. You will not be arrested. Canada is cracking down on these thugs. Like it was stated above contact the AG asap and file a complaint. Next time they call tell them to sit and spin on their well you know.

so, i can't use the cease and desist letter now...it just keeps getting worse

Resend the cease and desist certified mail with return receipt, email it and fax it. You will have proof of sending the email and proof from the confirmation from fax that they received it. Sonic is trying to play hard ball. Don't let them get the upper hand. Stay strong and we will help you through this.

They THINK they can get around state laws...Throw in a few references about your State Atty. Generals office, and quote some law...If they don't back off then, file a complaint with the AG's office...

Just remember, YOU are the one in control in this...Don't let them push you around. Chances are you've paid more than is legal in your state already, and being willing to pay what you "owe" to them, is you being a good person. They need to take it how you will give it to them.

Tell them you'll send the whole payment, then send them what you can afford. If they cash it, then poop on them. If they refuse it, keep a copy. Keep sending it to them until the accept it. Worst case you'll have to go to court and you can say, "Hey judge...I have 4 refused payments right here." and they'll throw the whole case out.

Thank you guys for all your kind words...but it's so hard...i don't know what else to do....if they serve me at work i will lose my job...i try to say all the things i've learned on here...but they just turn it around on me

Dream, don't get yourself down. This is why they're picking on you. (Not trying to be mean, but this is the truth) You know how they say about mean dogs? They smell fear. :)

Send them another Cease and Desist..Mention that they are not to CALL you at work, or serve any papers at your place of employment.

Certified delivery, so that you have proof.

There are laws to protect you that are a lot stronger than anything to protect them..And with the heat they're getting from the government, they better comply.

You'll get through this, I promise. :)

And another thing...You will not be served a warrant, as you CAN NOT be arrested for a debt. They're lying to you.

oh no, I would still send the letter. Most posts I've seen here, the payday lenders DID follow the c&d letter. And it never hurts to try.

Slap them with the Atty. General.

Dream-please follow the suggestions of others here-resend the letter and if the call-hang up. You pay your phone bill.not them,just hang up. They count on you staying on the line where they can get you upset.You don't have to justify anything to them. Send what you can and like others said,if you have to go to court,it won't look too good on their part,you've been trying to accept responsibility and they refuse your money! Settle down,breath,do something that takes your mind off it. I realized how much power I was giving these people by how much time I was thinking and worrying,which,by the way,still didn't solve anything,and maybe you'll get a new perspective or solution. :D Good luck-Karen

Yes, to follow up what Jessi posted, if you haven't already, I would contact the Attorney General, consumer protection, and licensing division for your state, to let them know about the unlawful practices. Filing written complaints is more effective than calling.

OK, hanging up and name calling is not the answer. They cannot do anything except take you to court, No jail, no nothing. Start right now by keeping an accurate log of the calls, times dates who and what was stated. Resend a letter to them CERTIFIED asking for a payment plan. No internet lenders cannot get around state laws because the loan ORIGIONATED in that state. If you live in NorthCarolina, they just killed all the payday companies, so your safe there. Start sending payments to them on your loan balance. If they are EFT/ACH your account, close it, and DO NOT REOPEN AT THAT BANK. Do not send small payments, send a significant amount. Use a bank issued cashiers check and not some companies money order. Send all payments certified. I work in the idustry and have for years, never had a complaint... We do exist.

Threatening them with the AG will not shake a company like that.

Dream, I live in here in Canada and trust me once T&C start sending partial payment, they have to accept it, it's the law. I will still send a C&D letter tomorrow but send it to this address, make sure it is certified.

CashTransferCenters
c/o Payment Services
E-Care Contact Centers
400-15225 104th Avenue
Surrey, BC
V3R 6Y8

This is their phone number.
(604) 588-2260

Payday Guy...It will shake them when they get investigated...Trust me on this..Why do you think so many companies are going down?

Payday Guy, your advice and input is appreciated. It is nice of you to come in here with advice on how to get this on the right track. I am also glad that you're not one of those lenders or collectors who comes in here snarling at the forum members, insulting them and making snide remarks like "pay your damn bills".

You are welcome here anytime and we could use someone from the inside providing much needed information. You just may be a diamond in the rough!

Quote:

Collection attemps are not to be done via the internet! That's a violation of privacy rights per the fdcpa. If you have kept those e-mails, print them out and LET THEM set up a court date. When you show the judge their blatant disregard for federal law, they won't have a snowball's chance in hell at winning a judgment.

Can I tell them that? So, let me recap, I need to send a certified cease & desist letter, and fax it to them...do I need to put in a seperate letter about North Carolina's laws about payday loans...

Go all out in your defense! Kick them in the pants!

You have to send letters by Certified Mail because the courts only recognize Certified Mail as proof of mailing. Faxes and regular mail are not sufficient proof of mailing.

Yes return receipts are proof that it was sent, but proof can also be given by email and by fax confirmation. If they have an email address and a fax number use them. That way they can't deny not reciving the information. You then have 3 forms of proof.

Dream!
Listen Honey..I just heard it from the horses mouth here in Florida! I sat for a deposition today against the pdl's at the state department investigation office...
NO ABSOLUTELY CAN NOT garnish your wages without a court order! NOR CAN YOU BE ARRESTED in any way, shape or form!
They won't cough up the court costs, and since your in North Carolina, where they are ILLEGAL there isn't a thing they can do....Next time they call and threaten you....tell 'em to come get you and you'll have there butts in jail so fast it'll make their heads spin...
Don't take it from them, get mad, get angry and tell 'em off!

I love y'all so much, I know you guys will always have my back, when I'm having a bad day...I'm starting to feel better...I'll keep you posted :)

Yes, keep us posted. When you get through this you will feel so much better, and so much stronger. No one will ever be able to pull one over on you! :)

We got your back! :) And we're always here to hear you vent.

Dream, don't let them get to you. They used to call me when I first defaulted and went with T&C. Suki would call and call and call then after I sent the cease & desist and Jessica from T&C called Suki a couple of times we haven't heard a word and they are accepting payment from T&C. I also know that a couple of others on here filed complaints on them and got their loans written-off or forgiven. Don't give up and don't back down, they will, they have in the past. Keep us updated!! :)

Payday Guy,

Welcome to the board and thanks for your posts. You have given some good advice. Like Ari said, you are a breath of fresh air from other pdl collectors who have posted on these boards, basically harassing the individuals. Sonic will take partial payments through T & C, they did in my case, as well as others on the board. If you live in North Carolina where pdl's are illegal, I wouldn't worry so much. Now, I have it from the horses mouth, another attorney general's office that the loan originates in the state of the consumer, therefore the consumer's state laws MUST BE FOLLOWED! I've also heard this from The Federal Trade Commission on more than one instance. I know Sonic can be a hard company to deal with but they aren't a legal company by any means. I would file the complaint with the attorney general's office in North Carolina. I think reputable pdl companies are few and far between, many of us here can attest to this fact. So, I would resend the letter via certified mail with return receipt requested. They cannot serve you at work or threaten to have you arrested. This threat in itself is illegal in many states, it's a clause is the payday loan laws. Since they are operating illegal in NC, threaten to sue them. I would file the complaint with the attorney general's office this week and get it done and over with. There is a specific thread for attorney general's offices on this site. It has come in handy for me. :-) Take a deap breathe and you will be fine.