PDL St. Armands Group Sent me to COLLECTIONS-Help!!

Can you post a sample C & D letter, as I am also having trouble with NCA. Thanks

I don't have one written yet for a collections agency. My plan was to just take a sample debt validation letter, and include a cease and desist section. I found this sample letter on this site though...

Experts: do you think this a good letter?
[COLOR=black] [/COLOR]
Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice a couple entries by your company on my credit reports. 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.

This is NOT a request for ??????verification?????? 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
.
What do I need you to provide as the debt validation.
?????? What the money you say I owe is for;
?????? Explain and show me how you calculated what you say I owe;
?????? Provide me with copies of any papers that show I agreed to pay what you say I owe;
?????? Provide a verification or copy of any judgment if applicable;
?????? Identify the original creditor;
?????? Prove the Statute of Limitations has not expired on this account
?????? Show me that you are licensed to collect in my state
?????? Provide me with your license numbers and Registered Agent
?????? Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
?????? Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
?????? Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
?????? Violation of the Fair Credit Reporting Act
?????? Violation of the Fair Debt Collection Practices Act
?????? Defamation of Character

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.

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.
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.

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.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission

Best Regards,

This company received a Desist & Refrain Order from the State of California on August 27th. 2008.

Here is the link
http://www.corp.ca.gov/ENF/pdf/2008/NorthwayFin_dr.pdf

They shouldn't be conducting business w/ CA residents.
I currently have a defaulted loan w/ Zip19.com and sent them this link. I haven't heard from them.

Thanks for the link!!

I actually mentioned that they have a desist and refrain order on file when I sent them my C&D letter. I'm dealing with 2 PDL's (aside from others) and they're both operated under Northway Financial. It looks like they didn't care...

They receieved the letter and automatically sent me to collections without even notifying me. I know they received the letter because NCA said on the phone that from my letter (they have to be referring to my C&D because that's the only letter I sent since), it seems as if I took out the loan without the intent of paying them back.

I ALMOST wanted to say that I do every intention of paying the principle as stated in my C&D letter, but caught myself.. because technically, that would mean that I just admitted to the debt, right? So I just said that I can't speak on the phone because i'm at work. Then I called back on my own terms requesting for a dunning letter.

The only thing I can of think of right now is to use the desist and refrain order with Northway Financial in my letters to NCA, emphasizing how illegal Northway Financial is and that they took over an illegal account. I'm not sure what else to say.. this is my first CA i've been dealing with!

To make matters worse, Ameriloan has sent me the below email. This came straight from their company so I'm not sure if I'm actually in collections or if they're just saying that to scare me. I've already paid them $200 over my loan due to rollover fees and rollovers are illegal in California.

What should I do from here? Should I send another C&D letter stating that they in fact owe me and I don't owe them?

Dear My Name:
Ameriloan Recovery Department now holds account #XXXwhich is in a collection status. According to our records, your outstanding balance is $385.00. (If you have recently resolved this account over the phone, please disregard this message.)
Most likely this loan was used to help with unplanned expenses. Keep this quick and convenient option available the next time something unexpected happens. Immediate action is required to avoid impacting your future borrowing options. We value you as a customer and would like to help you take care of this for less than you owe.

To accomplish this, we are providing you:

• A private and totally secure website for making an offer on this account for less than you owe.
  
• The convenience of making your payment(s) online.
  
• The pleasure of clearing your account without ever talking to a collector.
  
• Flexibility to schedule a payment today and not pay anything for up to 14 days.
  

I totally feel your pain, don't let the stress get to you.
I'm dealing w/ several lenders right now. You have to make sure you have all your figures down, state how much you borrowed, how much you have paid them and what "illegal" fees you have been charged.
Eastside Lenders has already cancelled my loan and isn't seeking any payment from me, I reimbursement would have been nice.
Loan Shop online is sending me a refund for $690.00
I haven't heard from the others but I did send Advancemetoday.com a Desist & Refrain order they were issued in September and I'm waiting to hear from them and hopefully get a refund.
A couple have already threatened to send me to collections....
I have filed real complaints w/ the FTC, Department of Corporations & BBB.
Take the time to do your homework, it will hopefully pay off.
Good luck!

Thank you for the encouraging words. I just wish that I wasn't sent to collections, and that I can settle this directly with Northway Financial.

Do you suggest that I resend my C&D to Ameriloan and USFastCash? Since they're sending me "recovery" emails? I'm not in collections (yet), but they keep upping the amount I owe them. I don't want them to send me to collections, either.

I'm sending my debt validation letter today to National Credit Adjusters. I hope things go smoothly!

your letter basically tells the CA you have no clue what you are asking for as it is one of the frequently copied bad letters from this site and others.
Read this

http://www.debtconsolidationcare.com/forums/showthread.php?t=152020

Wow, soaplady... you just saved me from sending a DV letter that made me sound confused. I can't THANK YOU enough! I was researching on NCA in this forum and came across that letter in a thread, and I thought I would use it.

So for now, I'm just going to use a short, simple letter stating that I would like NCA to validate my debt. I think I'd like to add in the letter that I'd like them to cease all communication with me over the phone as well.

From there, what happens? I'm assuming if they send me something, I'm going to send the dispute letter? What happens after I send the letter and I dispute the debt?

In essence, I still owe St. Armands money... which I stated in my C&D letter. When do I bring back negotiations on how to pay them in my terms?

This is getting a little confusing... but nonetheless, I wouldn't be so on top of it without the help of this forum. THANK YOU!

they are not trying to scare you.being part of MTE/MNE they think they can buffalo you(no pun intended).they are illegal and you overpaid.proceed as such.

[FONT=Calibri]The California Department of Corporations regulates payday lenders in California. If you are a California resident and have a complaint regarding St. Armands Group or any of its affiliates or principals please send an email with a brief description of your complaint to [EMAIL="skim@corp.ca.gov"]skim@corp.ca.gov[/EMAIL]. For more information about the Department please view our website, [URL="http://www.corp.ca.gov/"]www.corp.ca.gov[/URL].[/FONT]

also, you can tell them they can no longer call you are work, if they do, it's them breaking the law, don't worry, I don't owe anything, and I get calls. I got one today, told me she worked for Gilchrist Summons Division... LMAO, I said you mean Gilchrist Co. Summons Division. I have dealt with these calls for over a year, it's like a itch you can't get rid of. Anyways, I said what is your telephone #, I'd like to call and verify who you are, where she told me she doesn't release that information. I put her on hold to google this summons division, it has no existence, and while on hold she hung. Skank, anyways, I called the Gilchrist Co Sherriffs Dept, they said it wasn't them, not legit, never heard of anyone with the name she gave me Leah Austin, and FYI folks, if your being served papers they are not going to call ahead and warn you. Don't let it bother you. About the same time as this supposed loan took place in July, our bank account had fradulent charges on it. I had to go in and have all of debit cards, and our checking account numbers changed. So it's a scam, try to relax. :rolleyes:

i myself dont understand this they dropped 150in my account with out my permission and want me to pay over 400%annual interest back

illegal pdl slime share info,and are interconnected.so have your bank reverse the deposit as unauthorized asap.then put an alert on your account.you may have to close it but return it first and see what happens.