National Opportunities Or, Itsmypayday.Com
Date: Fri, 02/17/2006 - 10:03
Can you be accused of check fraud on an ACH/electronic bank withdrawl? I stopped payment on them a few weeks back......is that fraud?
Under the fdcpa laws, no company can change the date of last act
Under the fdcpa laws, no company can change the date of last activity in your account. The company is trying to re-age your accounts and this will cause violation of the federal laws. Monitor your credit report closely and see if you have recognized all the items correctly.
Talk to your lenders and make payment arrangements with them. They have the rights to take actions if required. But you can't be accused with a check fraud as it causes no violation. You will be charged by your bank for the ACH with whom you can negotiate later.
Draft a payment proposal for your payday loan lender and. Explain the financial problem that you are going through. Assure them that you will be regular in your payments once the plan has been sanctioned. Send some advance to make your deal more effective. Most of the lenders are willing to work on such arrangements. Do not hurt the plan otherwise, you might not be offered some benefits that could have been possible in your repayment process.
Under the fdcpa laws, no company can change the date of last act
Under the fdcpa laws, no company can change the date of last activity in your account. The company is trying to re-age your accounts and this will cause violation of the federal laws.
i'm not sure what you mean by this, Rick..can you clarify what you mean when you reference them changing dates?
As well....I am going with a debt consolidator that has experience with paydayloan guys...though National opportunity says they won't deal with debt Consolidators..I think they want their money and will eventually accept my/our proposal (which is going to be very reasonable
rkai93 As per the FCRA laws, negative information stay in the
rkai93
As per the FCRA laws, negative information stay in the credit file for a period of seven years from the date of reporting. Some companies force you to make payments without giving any details about the debt. They even threaten that the dates of reporting in your credit file will be changed. If the dates are changed, the stay of the negative mark will extend from the original time period. This is called re-aging of the accounts or shifting the dates of last activity. This is violation as per the laws under Section 605 of the FCRA. You have the legal rights to sue the company and recover the extent of damages.
Payday loan companies are unwilling to work with the consolidation companies in the beginning. But after they receive regular payments for a couple of months, everything gets normal. You can expect the lenders calling you for payments in the beginning. Tell them that you have hired a consolidation company and they need to talk with the counselor regarding your account.
I hope to have been of some help to you.
oooh..I understand. No, this one is fairly new - 36 days past du
oooh..I understand. No, this one is fairly new - 36 days past due and they are threatning action though they are vaugue on what type of action)
you have been a a tremendous help...thanks!
Hi rkai93 The federal laws do not allow companies to use pro
Hi rkai93
The federal laws do not allow companies to use profane language, scary tactics or threats while doing collections. Know from your state attorney general's office if recording the phone calls require the other party's consent or you can do it secretly.
Though the credit companies or the lenders are not bound to follow the fdcpa, but you can present this recording to your lawyer and verify if the call defines harassment on you. If so, you can file legal charges against the company.
Regards
Roxette
What to do about re-aging
Hello,
Asset Acceptance has purchased a debt from Dell that is out of the SOL (6 yrs in NJ) and while Dell does not appear on my CR's ASSET does? I have asked for validation of the debt but they do not provide it-all I get is a computer generated invoice that obviously does not come from the OC - 2nd DV letter got response of "call us"... Since Asset is a junk debt buyer they have to prove I owe them money and they have not - I have filed complaints with Michigan AG office - any suggestions on how to proceed from here? I disputed with CRA's also but it has been over 30 days and Asset is still there... any help would be appreciated - thanks all