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Payday Loan included in Ch 7-Help with threats

Submitted by on Thu, 08/12/2010 - 11:38
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**I posted this in the BK and Payday Loan Forum**



I had my Ch 7 court hearing on July 28 and no creditors showed up. I included Cash Central, a payday loan, from 2007 in my petition.

Today, I get a call from L Ryan Copeland Law office stating that some papers will be served on me on behalf of Cash Central. I told the person that this was included in my Ch 7 and uncontested. She went on to say that check fees are not able to be discharged. I said fine and just hung up. I have an email into my BK attorney about this.

Anyone know what they are talking about with the check fees? Also, in California, my location, I am technically still protected 30-days after my hearing date as it is a "speak now, or lose out" period and didnt think they could serve me.

Thanks!!!


Quote:

Originally Posted by Anonymous
**I posted this in the BK and Payday Loan Forum**



I had my Ch 7 court hearing on July 28 and no creditors showed up. I included Cash Central, a payday loan, from 2007 in my petition.

Today, I get a call from L Ryan Copeland Law office stating that some papers will be served on me on behalf of Cash Central. I told the person that this was included in my Ch 7 and uncontested. She went on to say that check fees are not able to be discharged. I said fine and just hung up. I have an email into my BK attorney about this.

Anyone know what they are talking about with the check fees? Also, in California, my location, I am technically still protected 30-days after my hearing date as it is a "speak now, or lose out" period and didnt think they could serve me.

Thanks!!!

By check fees, you don't mean that you bounced checks to them, do you? If this is the case, you may have liability to them.


Submitted by Maggie Horrigan on Mon, 09/06/2010 - 20:27

Maggie Horrigan

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if the debt was discharged then they are not allowed to collect on it. all payday loans charge "returned check fees" but i know with mine that 25.00 charge was included with the total balance. definetly talk to your attorney. it sounds like another scare tactic to try and get you to pay. if that was the case your attorney probably would have told you before you even filed that you might be held liable for the returned check fees. it just doesnt sound right. let us know what your attorney says.


Submitted by bastoops on Thu, 09/09/2010 - 09:03

bastoops

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Not sure what you mean regarding the 30 day period, but once you file, there is effectively a court order in place that halts all collections until the bankruptcy court rules on your case. If a creditor wants to challenge the validity of a listed debt, they are not required to appear at your 341 meeting of creditors. However, they have a time limit in which to file a claim with the bankruptcy court challenging the debt. If a creditor contacts you in violation of the court order, your attorney should be notified immediately and he/she should notify the bankruptcy court.


Submitted by on Thu, 09/16/2010 - 23:30

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Got a call from them about a loan from Cash Central that I supposedly made in 2007. Same "People" that called you, called me...with the usual threats. Told them I wanted to see everything in writing-they were not happy and kept insisting that I pay up or go to court. Told them again I wanted to see the paperwork before I made any commitment to them about paying on a debt. I got put on hold by the original caller.

An even nastier person, who did not identify himself, quoted me over $900.00 for late fees, interest and such stuff-this on a supposed debt of $100.00! Then they told me I could settle for $450.00. Needless to say I got suspcious and demanded I see the paperwork. He got nastier but I held my ground.

That was 3 weeks ago. It took till now to get the paperwork. Yeah, right...one sheet with demand for payment of $690.00. Supposedly original creditor was Cash Central, Current Creditor is Northern Resolution Group, LLC. I had asked for a complete breakdown of the money owed.

I'm not paying it. This has got to be a major scam. Plus, it happened 3 years ago -with no contact by them until now....they cannot take one to court if they have not contacted you in that time. There is a time limit on going after someone in court-they are very close to end of that time frame.


Submitted by on Sat, 10/09/2010 - 11:15

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I received a call yesterday about this same thing. They say in 2006 i bounced a check and were threatening legal action. Of couurse I have set up payments through a prepay debit card. Does anyone suggest what i should do? the company they say they represent is cash central.


Submitted by on Thu, 12/16/2010 - 13:57

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If the check had bounced in 2006, then they could have contacted you at that point of time. You may ask them why they haven't contacted you at that point of time. Moreover, when you've set up payments through a prepay debit card, the question of check does not arise.


Submitted by on Fri, 12/17/2010 - 22:51

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True, but the FCC prevents them from using it.

[quote]The FCC???s Caller ID rules protect the privacy of the person calling by requiring telephone companies to make available free, simple, and uniform per-line blocking and unblocking procedures. These rules give you the choice of delivering or blocking your telephone number for any interstate (between states) call you make. (The FCC does not regulate blocking and unblocking of intrastate calls.)

Per-call blocking ??? To block your phone number and name from appearing on a recipient???s Caller ID unit on a single phone call, dial *67 before dialing the phone number. Your number will not be sent to the other party. You must redial *67 each time you place a new call.

800 number/toll-free calls ??? When you dial a toll-free number, the party you are calling pays for the call. The called party is able to identify your telephone number using a telephone network technology called Automatic Number Identification (ANI). Requesting privacy for your number when you call 800, 888, 877, and 866 numbers from your local telephone company may not prevent its display to the called party. FCC rules, however, prevent parties that own toll-free numbers from reusing or selling the telephone numbers identified through ANI without the subscriber???s consent. [/quote]


Submitted by OhioGal1 on Thu, 12/23/2010 - 08:30

OhioGal1

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