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Advise needed-Ameriloan-Pinnon Management

Date: Thu, 07/06/2006 - 10:32

Submitted by raffi
on Thu, 07/06/2006 - 10:32

Posts: 123 Credits: [Donate]

Total Replies: 8


I sent Pinnon Management working for ameriloan a validation letter after they took money without my authorization. I have gotten phone call after phone call in the past 2 days from Ameriloan Bryan Quinn I told him do not call me at work and I want validation which I sent Saturday he is so rude. He tells me we need to make arrangements on this. Any help appreciated.


First of all if they took money without your authorization speak with your bank manager as they have access to some things that may be usefull. You can also change accounts (making sure that by doing so within the same bank, the bank will not transfer funds from your new account) to keep them from having access.

If you've asked them not to call you at work and they continue to do so, they are violating fdcpa (there's plenty of links to it on this site).

They have to stop collection upon receipt of the validation request as well.

If this is an internet PDL, check to see if the company is licensed in your state. If they are not, advise them you are aware of such, and that you intend to inform the attorny general of your state. Most times, they will then try to settle.

If it's not an internet PDL...then treat them like every other CA out there...hehe


lrhall41

Submitted by phonguy on Thu, 07/06/2006 - 11:51

( Posts: 42 | Credits: )


Phonguy is right. ameriloan should not call you anymore if they have hired Pinion Management to collect the debt from you. You don't have to pay to the loan company as well as the collection agency for the same account. Either you prefer to work with the original company or with the CA. I will prefer working with the loan company instead of dealing with the CA. But they must send the latest status of the account with proper validation so that you can frame your payments.


lrhall41

Submitted by andyyoung on Thu, 07/06/2006 - 12:05

( Posts: 451 | Credits: )


This company has screwed my bank account up so badly with their unauthorized charges, that I have had to close my account. When I got a call from the Supervisor and I asked him to show me a breakdown of how they arrived at this charges, he said, I will when you paid the amount you owe. Now its to the point they want to take me to court over what they called a bad check, one rep. even asked me have I ever been charged with writing bad check, because that what was going to happen to me. I am really afraid now, but I cant afford what they are asking.


lrhall41

Submitted by on Thu, 07/06/2006 - 12:10

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Pinnon went into my account and took out 2 unauthorized payments which I disputed and got my money back. Bryan called me really nasty saying I authorized this I told him I had been paying you in payments I say when not when you feel like it. I had to change accounts. He says he is with ameriloan but the charges say Pinnon I sent a validation letter Saturday he has called several times Monday, Wednesday and today I told him do not call me at work and he told me either we take care of this or he will file charges on me. It was a payday loan thru the internet and he has added like 500.00 more than what the loan is. I told him I wanted the debt validated I am thinking until the debt is validated. Any suggestions.


lrhall41

Submitted by raffi on Thu, 07/06/2006 - 12:28

( Posts: 123 | Credits: )


raffi: First of all, if you asked them to stop calling you and they continue, they are violating your fdcpa rights. Tell them so. Also, if they are threatening to put you in jail for a "bad check" they are violating your FDCPA rights. Tell them this too. Lastly, if they are adding illegally high interest to your loan, this is illegal per your state law (you can find out what the legal interest rate is that lenders are allowed to charge in your state). Tell them this too.

Most times this will shut them up pretty quick. I dealt with Pinion and they were a nightmare. You should send a debt validation letter along with a cease and desist letter (certified mail with return receipt). Make sure you keep a log of the dates and times they contact you (if they continue to do so) and record the conversations (make sure you check your state laws because some states require you to advice the other party you are recording the conversation and some do not).

Report them to the FTC and your Attorneys General Office. Legally, once you have asked them to stop calling they MUST not call you anymore. Once you send a debt validation letter (asking them to prove the debt is in fact yours), they must cease all collection activities until the appropriate information is provided. Lastly, they CANNOT threaten to put you in jail and you cannot be arrested for a "bad check." This is also an illegal practice that many internet PDL companies and collections agencies use because they know they have no legal recourse to collect the debt if you default. They are either conducting business illegally in your state or are charging illegal interest rates. Either way, they know the only way they will ever be able to collect from you is if they scare you into paying.


lrhall41

Submitted by Jenn on Thu, 07/06/2006 - 12:39

( Posts: 50 | Credits: )


I checked around and Florida is what's called a "two party" consent state meaning that every person who is a party to a phone call must be advised that they are being recorded.

You can still tape record your phone calls with them but now you will need to advise them when you get on the phone with them that you are tape recording the phone call as soon as you answer. If they won't consent to being taped, hang up the phone. You really needs to send a cease and desist letter as well so that you have it in writing that you've asked them to stop and they continue to ignore your requests.

I usually tell them (even though I'm not required to by state law) that I am recording the conversation so that I can turn the tape over to my lawyer since they are violating my rights. That usually gets them to stop calling because they know I mean business and I will sue if they don't stop.

I found that once these people realize that you mean business and you know your rights, they will stop whatever illegal practices they are doing because they don't want to be sued and they know that they cannot scare me into paying, which is usually what they're going for.

I don't know if Pinion is registered to do business in the state of Florida or not.


lrhall41

Submitted by Jenn on Fri, 07/07/2006 - 05:04

( Posts: 50 | Credits: )


usually there is information on the state secretary site for your state as to which business are registered. Do a search for interest rates on short term loans which should also tell you how much they can charge in your state.

They will tell you that the laws of their state govern the terms of the loan which is very incorrect. They will cite the contract you 'signed' and state that it holds legal implications and what not. It's all nonsense, and if they insist take it to your state Attorney General. They usually quiet down after that.

There's no such thing as debtor's prison anymore, and it takes quite a history to go to jail for bad checks...what they are talking about is not it since it's not technically a 'check' and they didn't follow the terms that were agreed to.


lrhall41

Submitted by phonguy on Sun, 07/09/2006 - 19:27

( Posts: 42 | Credits: )