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I have sent debt validation letter Access Payday Loans

Date: Wed, 01/18/2006 - 09:06

Submitted by anonymous
on Wed, 01/18/2006 - 09:06

Posts: 202330 Credits: [Donate]

Total Replies: 22


I sent Access payday loans a debt validation letter that expressly states the information I need and doubly expresses the fact that this company is to only contact me by mail. Within 1 hour of faxing this letter, I get a call from "Dan" stating he will send a account summary but that is all. His statement to me was "I have a job to do and do not have time for this". He then mentioned that he is turning my account over to collections if I really did place a stop payment on the charges, which I did. The letter also addresses this by saying " If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist. Until that time, all authorizations for payment are cancelled and stop payments have been placed on those payments previously authorized and not released by my bank." How can I stop them from here?


Kim,

You will need to send the letter via certified mail with return receipt requested. Then you will have proof that they received the letter. If you receive a call after that, then file a complaint with your state's attorney general's office. You might want to also file a complaint in the state the lender is located in as well. You will have to send copies of the letter and certified mail receipts, along with other correspondence. Make sure you keep everything documented, phone calls, dates, times, conversations etc.


lrhall41

Submitted by Cow & Chicken on Wed, 01/18/2006 - 10:01

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Kim

Unfortunately, the faxing of letters usually only works for cease & desist. A validation letter usually should be sent certified mail. If you are prepared to take the next step, I would consult with an attorney. Usually you can get free legal counsel over the phone. Maybe even they could get the letter typed up for you on their letter head, for a small fee.

Also, since he has received the letter...you should probably state the next time he contacts you that the call is being recorded, and you have a copy of the fax documentation that he received your cease & desist letter. That's enough to file another complaint for violation.

Regards-
Mike


lrhall41

Submitted by Teleport on Wed, 01/18/2006 - 10:08

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I have absolutely no idea what state they are located in. Does anyone know?


lrhall41

Submitted by on Wed, 01/18/2006 - 10:09

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That could very well be them, but frankly, at this point, I am sooo confused. I know that the original 800# I was given is 877-851-5280 and I will send this certified. He told me that he is mailing me an account statement...hopefully this will have a return address....maybe not though, these people are very shady.


lrhall41

Submitted by on Wed, 01/18/2006 - 10:26

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I got home from work last night and "Dan" from Access (after threatening to send to collections) had sent me an email that they consider the account paid in full and if I agree, just to return the email with my acceptance. Should I do it? It makes me think that they are hiding the fact that they took WAY more money than they should have, BUT at this point I just want them gone. This would be the second loan that was wiped out just by requesting the debt validation.


lrhall41

Submitted by on Thu, 01/19/2006 - 05:37

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Thet are stating that they dont want any more money from me. The say that the debt will be released with no further obligation.


lrhall41

Submitted by on Thu, 01/19/2006 - 14:58

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Kim

I would suggest calling them back, and getting that in writing. You need to protect yourself, because at some point they could attempt to hit your account again (if you haven't already changed your account number).

Also, if you get taken to Judge Judy (for instance), she'll ask you "did you get it writing", and since you had an agreement with the lendor, the ball will be in their court, if you can't prove everything was paid/cleared.

Regards-
Mike


lrhall41

Submitted by Teleport on Fri, 01/20/2006 - 04:55

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I recieved an email from them stating that I do not owe them, or any of their subsidiaries anything. From what I gather, an email is a legal form of communication (this is per my legal counsel).


lrhall41

Submitted by on Fri, 01/20/2006 - 08:20

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I got an email with them stating that I owe them, and any subsidiaries of theirs, no money. Legally, I was told that this is a valid communication...isnt it?


lrhall41

Submitted by on Fri, 01/20/2006 - 09:46

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Kim

I'm now confused by your post. Earlier you stated
[quote=KimS]I recieved an email from them stating that I do not owe them, or any of their subsidiaries anything.[/quote]

Are you now saying you received another email stating you owe them? Either way, you have the first email stating you don't owe them anything, and if their records are that out of order you could very well use the first email as proof debt was "cleared".

Regards-
Mike


lrhall41

Submitted by Teleport on Fri, 01/20/2006 - 09:50

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