Need advice ASAP - MI and Webpayday.com
Date: Wed, 07/15/2009 - 17:45
I borrowed $700. Paid fees of $250. Lost my job and cancelled the ACH authorization, but e-mailed Webpayday many many times with payment arrangements...and they never replied to me.
Anyway, this new "pre-litigation" company now says I owe $1440 and they will not provide with with any documentation. If I request documents, they say that will begin the lawsuit process and I will be sued.
Not sure if they will work with me of not. I have to call back tomorrow. PLEASE HELP ME. Any advice would be appreciated.
Lori
Since Goldman Roth Acquisitions claims that they own the debt, y
Since Goldman Roth Acquisitions claims that they own the debt, you should first get it validated by sending them a debt validation letter by certified mail. If they cannot validate the debt, they will not be able to bring judgment against you, even if they sue you. Moreover, you should also check whether the payday loan company is legal in your state or not. If they are illegal you need to pay them only $700, i.e, the amount you have borrowed and not the interest and other finance charges.
send a cease and desist letter and just say that you just want t
send a cease and desist letter and just say that you just want to deal with the original creditor.
Have they sent you a dunning letter in the mail yet? If not, tel
Have they sent you a dunning letter in the mail yet? If not, tell them they now have 5 days after their first initial contact with you to send you a dunning letter, at which time you will have 30 days to request debt validation. If they are any kind of law abiding collection agency they should already know this, the problems arise when consumers don't know their rights. Therefore, I would inform them that according the the FDCPA they MUST send you a dunning letter in the mail with the mini miranda warning, if they don't, they are violating the FDCPA and could be subject to being sued by you and liable for up to $1000.00 in restitution.
HELP!
I don't know what to do. They insist that if I ask them to validate the debt that will begin the lawsuit.
What is the difference between a collection agency and a "pre-litigation" agency. They claim to be be the second.
HELP. I'm stressed and scared.
Did you read my post? They are required by FEDERAL LAW to send y
Did you read my post? They are required by FEDERAL LAW to send you a notice in the mail about this debt with the following information: A dunning letter
* How much money you reportedly owe;
* The name of the creditor to whom the debt is owed;
* That unless you, within thirty days after receipt of the notice, dispute the validity of the debt or any portion thereof, the debt will be assumed valid by the debt collector;
* That if you dispute the debt in full or in part within that thirty day period, the debt collector will obtain verification of the debt and mail it to the consumer; and
* That upon your written request within the thirty day period, the debt collector will provide you with the name and address of the original creditor, if different from the current creditor.
The first notice must also include a warning known as the "Mini-Miranda Warning", which must state that the communication is from a debt collector and that any information obtained may be used to collect the debt. Except for pleadings associated with a legal action, all subsequent communication from the debt collector must also include this warning.
By the way, they are FULL OF CRAP. If you ask them to validate t
By the way, they are FULL OF CRAP. If you ask them to validate the debt they must do so! They can NOT precede with ANY further collections until they have properly validated the debt. Even if they do validate it (which is highly unlikely) it takes time to schedule a hearing in civil court. Please calm down, educate yourself on your rights, and REQUEST validation. It's important that you MAKE this CA PROVE to you this is your debt and that they have the right to collect it.