Debtconsolidationcare.com - the USA consumer forum

Help! Mycashnow.com Sent me to Delta Group

Date: Wed, 02/20/2008 - 14:42

Submitted by anonymous
on Wed, 02/20/2008 - 14:42

Posts: 202330 Credits: [Donate]

Total Replies: 19


Mycashnow sent me to Delta Group. I told the collection agency that mycashnow.com is not licensed in AZ and I was told they were. But I told them the state financial institution website did not have them listed. The guy then asks if I'm a Con Artist, I said no and he told me if I did not pay the 800 I owe they move this further and start a Fraud investigation against me. This guy just violated the Fair Debt Collection Practices Act with he just did. If I have to I may need to find an attorney to solve this issue. I told them if they did not stop to collect, I would sue and I was told I had no ground to sue. I counter back yes I do since they are trying to collect on a payday loan lender in which has no license. Any suggestions or comments would be appreciated.


danka, you are certainly on the right track. Send Delta a request for debt validation. MCN is not even located in the US so good luck to them on collecting and I will bet there is no way they will be able to validate this debt. Here is a link with a sample debt validation letter.

http://www.debtconsolidationcare.com/forums/about216.html

You can adapt it to fit your needs. I added a paragraph stating they are collecting for a company that is not licensed or legal in the state of AZ. You have reported the company to the BBB, FTC and your state regulating agency and now you are going to add Delta Group to those complaints. At the bottom when you sign it, cc those agencies. Be sure to send that to them certified return receipt to ensure they received it. I also faxed and e-mailed mine. If you have any other questions please post.


lrhall41

Submitted by RoxyNY on Wed, 02/20/2008 - 15:23

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Yeah, WOW! Thank for the list of debt collection agencies. They are on the there and they would not listen to me disputing the debt. If I ask for a validation letter, they said it just involve goign to the original creditor and askign if I owe money.


lrhall41

Submitted by on Wed, 02/20/2008 - 15:59

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dannka, it is waaay more complex than that. Send the letter then you are most certainly covered with documentation in writing and proof they received the letter with the crr, so that when and if they violate, you have legal recourse. I had an experience with a company that I sent a dv to and had the crr to verify they received it. They called and harassed me repeatedly. I finally got angry and called them and called them on it for violating the fdcpa and they caved becuase I had a nice big fat case against them and they knew it. My point is not that this will happen to you too....but that going though the motions and creating the paper trail could very well work out in your favor. Also, there is not a snowball's chance in hades they will be able to validate. They are just trying to scare you into paying. The letter I posted in the thread is very close to the one I used and I found it to be quite effective, if nothing else, it may get them to leave you alone.


lrhall41

Submitted by RoxyNY on Wed, 02/20/2008 - 16:08

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But what if they do validate the debt? Can you further dispute using State law and federal law. Teh fact is the mycashnow does not even have a license in AZ. I justy got off the phone with them and person hung up on me thinking i was rude. Overall they stated I signed a contract and did a bad check accross state lines. I told them the transaction was bound by AZ law and would not back off.


lrhall41

Submitted by on Wed, 02/20/2008 - 16:21

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Danka, I have never encountered one that could validate the debt. They will not back off and arguing with them is basically pointless. Do the letter. If they by some miracle validate the debt (Which I would put money on them NOT being able to do)cross that bridge then. Until then, refuse to take phone calls from them, let it go to voice mail. Also, as I posted earlier, there is a good chance they are not licensed to collect this debt to begin with....which is part of your request in the letter I posted the link to...they have to provide they are legally licensed to collect the debt. Take it one step at a time. Do the letter, send it and see what happens. I faxed it so the phone calls would stop asap and they did as soon as the letter was received.


lrhall41

Submitted by RoxyNY on Wed, 02/20/2008 - 16:46

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Question though...When the guy I first spoke to at Delta group asking I was a con artist and if I did not pay, a fraud investigation would possibly occur. Did he violate the Fair Debt Collection Practices by sayign that. A perosn I spoke said she listen to the tape and said no such threats occured. Also, something else very strange, as of today, I have not received any letter from Delta group informing me of this debt and what my rights were. If they were licensed, they do such a thing. Whenever a collection agency gets an account, you get a notice in the mail and then the calls start. AND GET THIS, I checked the State of AZ department of financial insiutions and there is a delta somebody in MA that is licensed, but no delta group in NY shows up in the license database. If all these facts are true, along with them not being legal possibly, they are also trying to collect an illeagal payday loan. I'm veyr tempted to hire an attorney and sue these people. but where can I find such an attorney.


lrhall41

Submitted by on Thu, 02/21/2008 - 08:34

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Yes they did say they were recording me. But what siginificance is that The so called director who I spoke to next said she listened and said no threats occuered. The point is I heard with my own ears, the guy asked if I was a con artist, and that if I did not pay, it woudl be taken further including possible fraud investigation.


lrhall41

Submitted by on Thu, 02/21/2008 - 08:40

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No I will NOT PAY UP! I do not owe the money because 1. the debt they are trying to collect is void under AZ law and

2. The collection firm has more than likely no license to collect.

I'm not whining, I am trying to excercise my rights under the law, including possible legal action. Just go back and and stop hurrassing people!


lrhall41

Submitted by on Thu, 02/21/2008 - 09:55

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First off, dont even bother replying to delta force up there....it isnt even worth your time. Delta force isnt even intelligent enough to know that his company broke AZ state law by contacting you at all--because Delta GRoup ALSO isnt licensed in your state!

So, you have an original creditor that isnt legally entitled to do business anywhere in the US, and they are using a collection agency that isnt legally entitled to do business in your state...all to collect a debt.

To be honest, I dont advocate not paying a legitimate debt off, but in this case I would simply send Delta Farce up there and his pals a cease and desist letter and leave it at that. That letter will make it illegal for them to contact you in any way regarding this debt. Well, it already is illegal according to your state laws, that letter would make it illegal according to federal law as well. And, if they continue, I would sue the hell out of them.

Arizona is a one-party state, so I would record every phone call you get from them.

By the way, just so you know, they violated the fdcpa when they told you that they were going to start a fraud investigation against you. Fraud is a crime, and a fraud investigation would be a criminal investigation. Not only does a collection agency not have the authority to conduct a criminal investigation, they also cannot tell you that any criminal consequences will result if you dont pay them.

When he asked if you were a con-artist, that is another violation--harassment is prohibited and using terms like that have no place in a business matter.

He violated it yet again when he made the false representation to you that the OC is licensed in your state. They are not allowed to use any dishonesty in the process of collecting debts. Add to that the fact that any calls to you or letters from them violate your state's law, and you can see where this is going.

And then, they said they would report you to chexsystems....that is yet another violation as far as I can recall. So, what are we up to, three or court violations, plus breaking state law, for a debt of $800??? The violations they have already committed have a penalty of $1000 EACH, payable to you. It amazes me that some debt collectors can be so stupid that they risk thousands of dollars of expense for their company over a debt that isnt even $1000....


lrhall41

Submitted by skydivr7673 on Thu, 02/21/2008 - 10:17

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skydivr7673,

Thank you so much for the reply. The info you gave me is very important. debt collectors are a bunch of losers. I did end up hanging up on the guy who called me a con artist. These collectors get abusive and they have been stories on the national news about them. Obvously, I have a civil case that I can take against them and for thousands of dollars. And remember, it would be easy to win with a jury because civil cases decided by juries do not require beyond a reasonable doubt. And my testimony here is enough to win a case. AN you know what, they are violating the fdcpa asking me to pay an out ragious amount of 800 bucks when the original debt was 300. And since AZ law prohibits payday loan companies using stange interest tacktics, it makes this a federal violation.


lrhall41

Submitted by on Thu, 02/21/2008 - 11:48

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Well an update, that Delta Group tired calling me again on MY WORK PHONE! I basically picked up and hung up, not sayign a word. And the number matches the delta group. Best of all, all calls which go and come in to my work phone are logged which provides good evidence for a law suit.


lrhall41

Submitted by on Fri, 02/22/2008 - 10:26

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