Fighting back against the Debt Collector
Date: Tue, 08/14/2012 - 13:19
I had posted here earlier about a debt collection company threatening to press criminal charges against me. Long story short, I took out 2 payday loans, one which I paid in full, the other I had paid $60 a month over aprox 5-6 month period, both were for $100. Come to find out these loans are illegal in Massachusetts (where I live) and I was advised that I only have to pay the principal plus 23% interest, which I have far exceed on both loans.
I had gotten a call from a "process server" whose number was blocked and did not disclose any information whatsoever, only telling me that they tried serving me , and when I pressed more questions they would only give me the number to a debt collection agency, telling me I had an hour to call them and resolve the debt or they were going to press criminal check fraud charges against me. I called the collection agency and made a $100 payment out of the $400 they claim I owe them (bad choice, I know).
But as I did more research and I found that the loans were illegal, I called the debt collection agency back and I was transfered to supervisor who told me if I tried saying these loans were illegal I would only incriminate myself and get myself in trouble, that I had committed fraud and that I was a criminal,had stolen money , and asked how I sleep at night, along with other comments. He also said that my state's law didn't matter and I would be prosecuted in the state where the loan company was located. I asked him where that was, he wouldn't tell me. I eventually called them back and withdrew my consent for any further debits to my account and asked them what state they claimed they were going to press charges against me in, the lady literally hung up on me right after I finished my sentence. They will also not disclose a mailing address.
To me they don't sound legitimate , and after reading about fake debt collectors, it seems they fit the bill. My questions is... Could I take them to small claims court for the money I paid to them on the basis that they used illegal and/or fraudulent means to collect payment on an illegal debt. 1. The company they claim to be is not licensed in MA, nor is the original creditor 2. They threatened to arrest me and criminally charge me unless I payed them $400 that day or made a "good faith payment" of at least $100. 3. They told me I had committed a crime and was a criminal and made slanderous comments about my personal character. 4. They will not release information such as their mailing address or will not disclose what state they are operating and, and will not state where the supposedly intend to file criminal charges. 5. The "process server" company would not provide any information whatsoever, and they have only contacted me either directly after, or before speaking with the debt collection agency. After I withdrew my consent for any debits to my account the "process server" called me literally 30 seconds after I hung up from my call with the collection agency, leading me to believe that they are not "process servers" but more likely people from that company posing as servers.
Any comments or thoughts would help... Thank you .
I had gotten a call from a "process server" whose number was blocked and did not disclose any information whatsoever, only telling me that they tried serving me , and when I pressed more questions they would only give me the number to a debt collection agency, telling me I had an hour to call them and resolve the debt or they were going to press criminal check fraud charges against me. I called the collection agency and made a $100 payment out of the $400 they claim I owe them (bad choice, I know).
But as I did more research and I found that the loans were illegal, I called the debt collection agency back and I was transfered to supervisor who told me if I tried saying these loans were illegal I would only incriminate myself and get myself in trouble, that I had committed fraud and that I was a criminal,had stolen money , and asked how I sleep at night, along with other comments. He also said that my state's law didn't matter and I would be prosecuted in the state where the loan company was located. I asked him where that was, he wouldn't tell me. I eventually called them back and withdrew my consent for any further debits to my account and asked them what state they claimed they were going to press charges against me in, the lady literally hung up on me right after I finished my sentence. They will also not disclose a mailing address.
To me they don't sound legitimate , and after reading about fake debt collectors, it seems they fit the bill. My questions is... Could I take them to small claims court for the money I paid to them on the basis that they used illegal and/or fraudulent means to collect payment on an illegal debt. 1. The company they claim to be is not licensed in MA, nor is the original creditor 2. They threatened to arrest me and criminally charge me unless I payed them $400 that day or made a "good faith payment" of at least $100. 3. They told me I had committed a crime and was a criminal and made slanderous comments about my personal character. 4. They will not release information such as their mailing address or will not disclose what state they are operating and, and will not state where the supposedly intend to file criminal charges. 5. The "process server" company would not provide any information whatsoever, and they have only contacted me either directly after, or before speaking with the debt collection agency. After I withdrew my consent for any debits to my account the "process server" called me literally 30 seconds after I hung up from my call with the collection agency, leading me to believe that they are not "process servers" but more likely people from that company posing as servers.
Any comments or thoughts would help... Thank you .
Hopefully you closed your bank account after giving them the inf
Hopefully you closed your bank account after giving them the information.
Bottom line...they cannot prosecute you criminally. If they do try to file a civil action, your defense would be the loan contract is flawed and is invalid.'
Bottom line....stay off the phone and stop listening to their crap.
