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LoanPoint USA/Consolidated advice needed

Date: Fri, 03/16/2012 - 19:36

Submitted by murdough2000
on Fri, 03/16/2012 - 19:36

Posts: 6 Credits: [Donate]

Total Replies: 3


A couple weeks ago, I was contacted by a company calling themselves Consolidated, claiming to be a mediation company and that I owed their client money for a payday loan I took out in 2007. Now, I admit that I had taken out a couple loans at that time, and they did name the bank with whom I had a checking account with back in those days. The excessive fees forced me to cancel my payroll's direct deposit and eventually the account was closed by the bank. At the time, I had a simple choice, pay for rent and food, or pay them. Over time, I honestly forgot about it, given that I had other, more pressing concerns. When called, they threatened to file charges of check fraud against me unless I settled.

I admit that I panicked a little and bought into their obvious scare tactics. I haven't lived in the state where I took the loans(New Hampshire, though I currently live in Massachusetts) in over two years, and I have no way of getting up there if it was taken to court, thus risking a failure to appear bench warrant. On top of that, I've been unemployed for almost 3 years. So I tried to work something out with them. I did ask for documentation proving that I did indeed owe them money. I was told that I wouldn't receive any until the loan was paid in full and that the loan company refused to deal with me directly. In retrospect, that should've been a red flag.

They offered a biweekly payment plan using a prepaid debit card, and I admit that I jumped on it. I spent about two weeks trying to borrow the money from friends and family, periodically calling "Consolidated", trying to get an extension. Yesterday, I finally wised up and asked them the name of the loan company. LoanPoint USA.

I did some research and found out about their shady business practices. I called them up today and told them that unless they provided written documentation proving that I did indeed owe them money, I wouldn't pay. Not five minutes after speaking with a phone rep, I received a call from their legal department, threatening to take me to court, as well as sending a process server to my residence.

Now, I have done further research and found out a couple interesting things. For starters, LoanPoint USA isn't licensed in the state of New Hampshire, nor are any of their cover names. On top of that, when I did do business with them back in 2007, they continually debited rollover fees from my checking account, fees that did not go towards repaying the principle balance of the loan, a practice that is illegal in New Hampshire.

I'm fairly certain that I am safe on a legal front, but at the same time, I am concerned that since I tacitly admitted over the phone that I owed money, they may indeed pursue this in the courts. Like I said, this came completely out of the blue, I did have a loan with them in the past, and I panicked due to my current situation. I have more pressing, legit debts, and since I'm unemployed, living off food stamps, and sleeping on a friend's couch, it's like getting blood from a stone, to use an old cliche.

Any advice or input? I'm losing sleep over this as well as working on an ulcer.


Funny thing is, I forgot that I had posted on this forum back when I had first taken out the loan in 2007 and was having trouble with fees. Back then, I'd learned that LoanPoint USA/Geneva Roth wasn't licensed in New Hampshire and I had filed a complaint. Like I said, it had come out of the blue when they'd contacted me a couple weeks ago(they'd called my mother and sister first), and only served to aggravate stress I was already under, causing me to panic and play ball with them.
I fully intend on sending them a cease and desist letter(again), as well as filing a complaint with the BBB and the NH AG. I'm also hoping that the fact that payday loans are illegal in my current state of residence(Massachusetts) will serve to protect me further on the legal front.


lrhall41

Submitted by murdough2000 on Fri, 03/16/2012 - 20:33

( Posts: 6 | Credits: )