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Lra

Date: Thu, 10/08/2009 - 08:02

Submitted by Artn
on Thu, 10/08/2009 - 08:02

Posts: 260 Credits: [Donate]

Total Replies: 88


I just got a voicemail from Lighthouse Recovery although they did not identify themselves. They just left a number to call. I had PDLs with Discountadvances, Oneclickcash, Nationwidecash and Kenwood Services. I overpaid on all except for Kenwood who didnt want my balance payment. All letters have been sent to them as well as BBB. Anyone have any idea as to who this is tied to ?


Oh, it's a collection agency that most unlicensed payday lenders have been using. Now that they have called you they have 5 days after their first initial contact with you to send you a dunning letter (letter of collection) per federal law. If they are any type of legit collection agency they will know this. Click on the link below to read what a dunning letter is. IF and when they do call you again, inform them of this, or if you really feel spunky, call them and inform them that you are going to see to it that they follow the FDCPA. http://www.expertlaw.com/library/consumer/fair_debt_collection.html#6


lrhall41

Submitted by Shazzers on Thu, 10/08/2009 - 08:16

( Posts: 17344 | Credits: )


Quote:

Originally Posted by Artn
I just checked, they are licensed to collect in New York. Am I now screwed ?

Nope, all you need to do is follow up on the FDCPA, the chances of them validating this debt are zero to none. Follow the FDCPA, request a debt validation, but first tell them you won't deny or admit to owing that debt, and you want your dunning letter in the mail. IF they send you a dunning letter, then you can request validation within the 30 day window, if and when you get to that point, me or someone will guide you on what to do next.


lrhall41

Submitted by Shazzers on Thu, 10/08/2009 - 08:35

( Posts: 17344 | Credits: )


Quote:

Originally Posted by Artn
Shazz,
Please pardon my ignorance. I am supposed to wait 5 days to receive a dunning letter or am I supposed to call them and if so, what am I telling them ?


No no, the collection agency now has 5 days to send you a dunning letter after their first initial contact with you! Read the link I gave you above.


lrhall41

Submitted by Shazzers on Thu, 10/08/2009 - 08:49

( Posts: 17344 | Credits: )


I dealt with this company awhile ago and yes they are full of crap. They may be licesned but they sure do break the rules. Check out this thread I started about them. When I complained to the BBB about them they responded with a letter that looked liked it was written by a third grader and it had all kinds of spelling mistakes and it wasn't even on a letter head. Very unprofessional.

http://www.debtconsolidationcare.com/collection-agencies/lighthouse-recovery.html


lrhall41

Submitted by PinkLady on Tue, 10/13/2009 - 07:13

( Posts: 1720 | Credits: )


Pink lady,

What was your resolution with them ? If the only thing they are going to do is call me, then so be it. I can handle that. They havent gotten to leaving outrageous messages or requests. I dont even know who they are calling in reference to. Did they just stop calling you ?

Thanks,


lrhall41

Submitted by Artn on Tue, 10/13/2009 - 08:06

( Posts: 260 | Credits: )


They just stopped calling me, they claimed they forwarded my account to a law firm in Texas called OJ Lawal & Assoicates..but they were just as big a fraud as LRA. You can read about them on here as well. The last conversation I had with OJ Lawal I told them I was on my way to meet with my attorney regarding them and I haven't heard from the since and that was almost a year ago. They were calling me regarding my loan with MTE Financial, which is an illegal PDL. I was actually making payments to MTE and they were cashing the checks all while LRA and OJ Lawal was calling me. They all got caught up lying and they all stopped calling me.


lrhall41

Submitted by PinkLady on Tue, 10/13/2009 - 10:10

( Posts: 1720 | Credits: )


I finally talked to LRA today. Her name was Susie Scherzi. She was a real piece of work. I am in NY. Its in relation to Kenwood Services. I have had previous loans that were paid in full with them. I have an open loan with them for $300 of which I already paid $90 interest. When i found this site I stopped paying. I wrote and said I'd gladly pay the remaining $210 when I sent of my cease letters to all my PDLS. Today Susie is looking for $600 and is a major bi**h. If I dont pay 100 next Friday and 75 every 2 weeks that they are sending paperwork to my job, etc. Their lawyers in NJ will come after me etc etc. From what i have read here this was text book collection practices. Funny, when I was pacifying her since she was so OVERBEARING I asked her if I got a receipt for my payment she went berserk. She said how dare I question her integrity. Anyway, I have no problem paying the $210. Can one of the experts out here tell me how to handle this. I am thinking this is the only PDL I am going to have to worry about......Please advise.....thank you


lrhall41

Submitted by Artn on Fri, 10/23/2009 - 13:09

( Posts: 260 | Credits: )


Quote:

Originally Posted by Artn
I finally talked to LRA today. Her name was Susie Scherzi. She was a real piece of work. I am in NY. Its in relation to Kenwood Services. I have had previous loans that were paid in full with them. I have an open loan with them for $300 of which I already paid $90 interest. When i found this site I stopped paying. I wrote and said I'd gladly pay the remaining $210 when I sent of my cease letters to all my PDLS. Today Susie is looking for $600 and is a major bi**h. If I dont pay 100 next Friday and 75 every 2 weeks that they are sending paperwork to my job, etc. Their lawyers in NJ will come after me etc etc. From what i have read here this was text book collection practices. Funny, when I was pacifying her since she was so OVERBEARING I asked her if I got a receipt for my payment she went berserk. She said how dare I question her integrity. Anyway, I have no problem paying the $210. Can one of the experts out here tell me how to handle this. I am thinking this is the only PDL I am going to have to worry about......Please advise.....thank you

They should validate that debt, and that's text book law also. lol Anyway, tell them they need to prove to YOU that they can legally collect the alleged debt, also remind them they MUST follow the FDCPA guidelines set forth for third party collectors by the federal government. Send them a debt validation letter, certified return receipt mail, then let's see what Miss Suzie has to say about that.


lrhall41

Submitted by Shazzers on Fri, 10/23/2009 - 13:49

( Posts: 17344 | Credits: )


Shazzers,

How do they prove they can collect the debt ? I checked, they are licensed. When she 1st talked to me she told me all info was for collecting the debt ( that schpiel ) How do i send them a debt validation letter ? Also, I do owe them $210 ( 300 - 90 ), how do I deal with that ? She also basically told me that they PDLs are crooks but you knew what you were getting into. I am sorry Shazzers if I am asking you to hold my hand through this, however, I am extremely inexperienced with this stuff. I would be eternally grateful for your support through this. That Susie talked to me like I was the scum of the earth. Whenever I tried to get a owrd in she accused me of poor behavior. She wanted my wifes name. When I told her no, she said people who dont readily give info are poeple that dont pay or honor any payment arrangements. HELP.......

1 other thing....what is this employment verification stuff ? Why do they need that ? Can they do that ?


lrhall41

Submitted by Artn on Fri, 10/23/2009 - 13:59

( Posts: 260 | Credits: )


Quote:

Originally Posted by Artn
Shazzers,
How do they prove they can collect the debt ? I checked, they are licensed. When she 1st talked to me she told me all info was for collecting the debt ( that schpiel ) How do i send them a debt validation letter ? Also, I do owe them $210 ( 300 - 90 ), how do I deal with that ? She also basically told me that they PDLs are crooks but you knew what you were getting into. I am sorry Shazzers if I am asking you to hold my hand through this, however, I am extremely inexperienced with this stuff. I would be eternally grateful for your support through this. That Susie talked to me like I was the scum of the earth. Whenever I tried to get a owrd in she accused me of poor behavior. She wanted my wifes name. When I told her no, she said people who dont readily give info are poeple that dont pay or honor any payment arrangements. HELP.......
1 other thing....what is this employment verification stuff ? Why do they need that ? Can they do that ?


Do you know for sure they have gotten employment verification? Usually a creditor does that so they can garnish your wages. Keep in mind though that they can only garnish your wages with a court order, and for them to get a court order they must first sue you in court for this debt and get a judgment against you, which is not likely to happen because this was an illegal debt to begin with. And if you play your cards right, it will NEVER even go to court. My best guess is, they are trying to scare you by telling you they are requesting employment verification. I'm not even sure they can do that without a good reason, maybe someone else can answer this part of it.

So, here is my question to someone!
What is the protocol for a collection agency to obtain employment verification?


lrhall41

Submitted by Shazzers on Fri, 10/23/2009 - 15:01

( Posts: 17344 | Credits: )


She doesnt have the verification, she said she was going to fax my employer. When i asked why are you faxing my employer she started all over me again. BUt what about the $210 I owe ? Who would I pay that to and how ? Susie thinks I am calling her next Friday, the 30th, with a prepaid card for a $100 payment followed by $75 every 2 weeks untilI am paid....

Silly question.....lets say they sue me. i go to court and the judge says their loan with 792% interest is valid....what is the worst that can happen to me ? What do you think the liklihood of this happening is ?

Another sidenote.....we went back and forth by email before the phone call. The emails said nothing, no names, nothing, other for me to call. When we were on the phone, she said she couldnt say anything via email...some legal mumbo jumbo.....


lrhall41

Submitted by Artn on Fri, 10/23/2009 - 15:29

( Posts: 260 | Credits: )


Am I supposed to prove its illegal ? I overpaid on previous loans with Kenwood Services. My loan loan was for $300, I paid 90 fee. I want to pay the remaining $210. Who would I send it to ? The lady I spoke with from Lighthouse was a real Bi*ch. She thinks I am sending her $100 thia coming Friday. What is the benefit of the DV letter. On the phone it sounded like she had all the right info....I just want thisd nightmare to end. I have been bled dry by the PDLs


lrhall41

Submitted by Artn on Sun, 10/25/2009 - 10:48

( Posts: 260 | Credits: )


Quote:

Originally Posted by Artn
Am I supposed to prove its illegal ? I overpaid on previous loans with Kenwood Services. My loan loan was for $300, I paid 90 fee. I want to pay the remaining $210. Who would I send it to ? The lady I spoke with from Lighthouse was a real Bi*ch. She thinks I am sending her $100 thia coming Friday. What is the benefit of the DV letter. On the phone it sounded like she had all the right info....I just want thisd nightmare to end. I have been bled dry by the PDLs


They need to prove they are legal, send them a debt validation letter.


lrhall41

Submitted by Shazzers on Sun, 10/25/2009 - 10:57

( Posts: 17344 | Credits: )


Quote:

Originally Posted by Artn
She doesnt have the verification, she said she was going to fax my employer. When i asked why are you faxing my employer she started all over me again. BUt what about the $210 I owe ? Who would I pay that to and how ? Susie thinks I am calling her next Friday, the 30th, with a prepaid card for a $100 payment followed by $75 every 2 weeks untilI am paid....


She's likely faxing your employer to see about collecting directly from them via a wage assignment. You likely signed one when you took out the loan, saying that if you defaulted, that they could have your employer deduct money from your pay and send it to them directly. Those are pretty standard in PDLs, especially the bad ones. They're also completely voluntary. If you haven't revoked it already do it now. Send a copy to them, and one to your employer's payroll department.

Quote:
Originally Posted by Artn
Silly question.....lets say they sue me. i go to court and the judge says their loan with 792% interest is valid....what is the worst that can happen to me ? What do you think the liklihood of this happening is ?


Last I heard, payday loans were illegal in New York. They'll play merry hell collecting on an illegal loan in court. Worst case, you'll be ordered to pay back the remaining principal.

Quote:
Originally Posted by Artn
Another sidenote.....we went back and forth by email before the phone call. The emails said nothing, no names, nothing, other for me to call. When we were on the phone, she said she couldnt say anything via email...some legal mumbo jumbo.....


That's outright bullsh*t. The reason she can't (doesn't want to) say anything by email or letter is that she knows what she's doing is illegal, and doesn't want to give you a written record you can use to document her abuses. In your case, I'd send her a limited cease-and-desist letter and demand for validation so fast it'd make her eyes water. Tell her that if she's got anything further to say to you, she can put it on paper. No phone calls. No email. No kidding. That's your right, under federal law.


lrhall41

Submitted by unclewulf on Sun, 10/25/2009 - 12:26

( Posts: 3172 | Credits: )


Quote:

Originally Posted by Artn
Why wont they validate it ? It sure sounded like she had all the right info on my Kenwood loan.


Does owning a hammer make you a blacksmith? There's a world of difference between having the information and being able to use it to full effect. In this case, the chances of them validating the debt are somewhere south of you-gotta-be kidding-me.

Looky here. One of the main purposes of validation is to establish what sort of account they're trying to collect. They can't validate without cutting their own throat, because they're trying to collect on an illegal debt.


lrhall41

Submitted by unclewulf on Sun, 10/25/2009 - 12:41

( Posts: 3172 | Credits: )


OK, so I should tailor a dv letter from a model here and send it reurn receipt from the post office. What do i do about the remaining $210 I "owe" the PDL ? This is their collection agency we are dealing with now. When I stopped all these PDLS, I sent the letter to them saying they can longer debit my account, etc ( followed guidelines found here )


lrhall41

Submitted by Artn on Sun, 10/25/2009 - 12:55

( Posts: 260 | Credits: )


Quote:

Originally Posted by Artn
OK, so I should tailor a dv letter from a model here and send it reurn receipt from the post office. What do i do about the remaining $210 I "owe" the PDL ? This is their collection agency we are dealing with now. When I stopped all these PDLS, I sent the letter to them saying they can longer debit my account, etc ( followed guidelines found here )


I thought you already sent them the sample letter posted in the "How To Deal With Illegal Lenders" section? If you did, the wage assignment revocation and everything was included in that letter. Just make sure you print out the copy, highlight the part that says wage assignment revocation and show it to your employer, that letter covers you in ALL areas, ach revocation and wage assignment revocation.


lrhall41

Submitted by Shazzers on Sun, 10/25/2009 - 13:09

( Posts: 17344 | Credits: )


Send a demand for validation to Lighthouse, CMRRR. Monday. In the morning. Phrase it to be civil, but there's no need to be nice. Include a short paragraph revoking their right to contact you in any way other than in writing, by US Mail, at an address you specify. No calls, email, smoke signals, or carrier pigeons. When you get the green Return Receipt card back, keep that and a copy of the letter in a safe place. You're likely to need it later. Keep your remaining $210, too. You can send that to Kenwood after you settle Lighthouse's hash.

After they receive that letter, federal law binds them not to call, harass, or take any collection action against you until such time as they have coughed up the documents. Note that documents from the original creditor (Kenwood) are required here, not something they cook up in-house.

Meanwhile, document everything that happens. What they said to you. What you said to them. Print and save copies of any emails sent or received, and save the electronic copies too. Record their phone calls. You're allowed to do that in New York without telling them you're doing it. When they call after they get your letter (they probably will) document the date and time of the call. Either a photo of the caller ID display with number, date, and time, or hang up and immediately dial *69. That gives you a record from the phone company with the number, date, and time. Record that, too. If they keep calling, etc., sue. Those violations of FDCPA are worth $1,000 in your pocket.

If they realize they've backed themselves into a corner and decide to deal, fine. You'll settle for the remaining principal balance of $210 (or less), period. No fees, no interest, no bullcrap. And only on condition that you receive a letter acknowledging the account as paid/settled in full, and a guarantee that any remaining balance (if any) will never be sold/assigned to another collector. If it goes that way, you get everything in writing, signed in ink, on their letterhead before you send them dime one. Any payments should be by money order or cashier's check only. Do not give these idiots access to your banking information or credit cards. If they don't want to play it that way, fine. See them in court. The law is firmly on your side.


lrhall41

Submitted by unclewulf on Sun, 10/25/2009 - 18:13

( Posts: 3172 | Credits: )


This ain't my first rodeo, friend. ;)

That letter will do fine. Remember to customize it to fit your situation. While you're at it, fix the grammar and spelling. No sense looking stupid.

And don't sign the letter. Just type your name at the bottom. No reason to give them a signature they can scan and affix to bogus papers that they might cook up in their office. And yes, it has happened.


lrhall41

Submitted by unclewulf on Mon, 10/26/2009 - 03:12

( Posts: 3172 | Credits: )


I will do that today. I will let you know what transpires. One question...How does one record calls ? They have my work # and my cell #. Thank you so much for your continued support. I will be honest, I feel much better today than I did Friday after talking to that b*tch.......


lrhall41

Submitted by Artn on Mon, 10/26/2009 - 04:26

( Posts: 260 | Credits: )


Quote:

Originally Posted by Artn
One question...How does one record calls ?



Easiest way is with a cheap tape recorder and a device called a 'phone pickup coil.' You can get one from Radio Shack for a few bucks. Plug it into the mic jack, and stick the suction cup gizmo onto the phone handset. When you want to record a call, just hit the play + record buttons on the recorder. Test it a couple times before you need it for real.

I've been meaning to do a bit on recording calls from a tech perspective. I'm busy as a one-legged man in an a$$-kicking contest right now, but I'll get on that when I get some time.


lrhall41

Submitted by unclewulf on Mon, 10/26/2009 - 10:00

( Posts: 3172 | Credits: )


Quote:

Originally Posted by Artn
I posted my DV letter ( no names )I am planning to send LRA to see if people out here thought it was "good". However, I do not see it out here ? Did I do something wrong ?



I dunno what happened. I don't see it here, and it's not sittin' in our top-secret moderators' section. Try it again.


lrhall41

Submitted by unclewulf on Mon, 10/26/2009 - 10:06

( Posts: 3172 | Credits: )


Wulf, it says there is 1 deleted post here. I think it was a copy of the DV letter I am plannign to send. Why was it deleted. I didnt know I was doing something wrong. i guess I was seeking approval before I sent. I didnt want to sed something and get caught on some bogus technicality.....


lrhall41

Submitted by Artn on Mon, 10/26/2009 - 10:07

( Posts: 260 | Credits: )


Wulf,
I know I am being a pain the a**. I am heading to the post office to send DV letter to lighthouse. If you got my private message please let me know if it meets requirements. I value your opinion and would like to hear what you have to say before I send it. Again, I am extremely appreciative of your time. This has been a rotten time for me and you are helping me cope.

Thanks so much


lrhall41

Submitted by Artn on Mon, 10/26/2009 - 11:10

( Posts: 260 | Credits: )


How does this sound ? This is my DV letter to Lighthouse Recovery.

[SIZE=3]To Whom It May Concern: [/SIZE]

[SIZE=3]This letter is being sent to you in response to an email sent to me on October 23, 2009. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. [/SIZE]

[SIZE=3]This is NOT a request for ?€œverification?€? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. [/SIZE]

[SIZE=3]Please provide me with the following: [/SIZE]


[SIZE=3]1) What the money you say I owe is for; [/SIZE]
[SIZE=3]2) Explain and show me how you calculated what you say I owe; [/SIZE]
[SIZE=3]3) Provide me with copies of any papers that show I agreed to pay what you say I owe; [/SIZE]
[SIZE=3]4) Identify the original creditor; [/SIZE]
[SIZE=3]5) Show me that you are licensed to collect in my state [/SIZE]
[SIZE=3]6) Provide me with your license numbers and Registered Agent [/SIZE]

[SIZE=3]If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information. During such time all collection activity must cease and desist. [/SIZE]

[SIZE=3]Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. [/SIZE]

[SIZE=3]If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. [/SIZE]

[SIZE=3]I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. [/SIZE]


lrhall41

Submitted by Artn on Mon, 10/26/2009 - 14:16

( Posts: 260 | Credits: )


Paul,

I just copied my DV letter to LRA. I was hoping someone could comment on it. However, when I submitted it, it said it had to be reviewed before it could post. I tried earlier today got same result and it never posted. Would you know anything about this process ?? Thanks


lrhall41

Submitted by Artn on Mon, 10/26/2009 - 14:19

( Posts: 260 | Credits: )