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Contacted by National Credit Adjusters after C&D Letters were sent

Date: Thu, 01/06/2011 - 12:55

Submitted by paydayhellny
on Thu, 01/06/2011 - 12:55

Posts: Credits: [Donate]

Total Replies: 20


I started my cease and desist letters in early December and had some good luck -- both Kingston Financial and Fox Enterprises accepted my letters and issued PIFs. Unfortunately SDS Processing and Alpine Direct Services (both of which I already over paid) wanted no part of this. I got some "reminder emails" and one email from Alpine offering me the opportunity to settle my account, but no reference to my C&D letters. A few weeks after that they sold my account to National Credit Adjusters around December 22nd or so, I know this because I got a call from a Janet Hall telling me that I was just "mirandized" and paperwork was going to be filed the very next day if I didn't make payment arrangements. After that conversation I sent out letters to my states AGs office (NY) but have yet to hear anything back. I also got an email from NCA the other day telling me that they bought the loan from these two companies and how much I owed.

Any advice on how best to handle NCA from this point out? Thanks so much.


Did you recveive this letter in the mail, or email? If email, respond to them and tell them they are required by the FDCPA to send you a dunning letter in the mail with the mini miranda rights included.
I would respond to the email this way:
I will play your game. As of (insert date) I am requesting that you validate this debt through the United States Postal Service at my address.
Payday loans are illegal in my state so you are attempting to collect on an illegal debt which is not enforceable in a court of law! I have filed complaints with: (insert names).
I am sure you are aware of my rights under the FDCPA and I intend to exercise them to the fullest extent of the law. The state of N.Y. requires collection agencies to be licensed in N.Y., and since you have no license to collect, you are breaking the law! I would suggest that you withdraw your collection efforts to avoid further action.


lrhall41

Submitted by Shazzers on Thu, 01/06/2011 - 15:45

( Posts: 17344 | Credits: )


Here's a copy of the letter they emailed and mailed to my house. It seems they have a NY Department of Consumer Affairs License, is that a license to collect in NY? Thanks again for the help.

This letter is to inform you that National Credit Adjusters, LLC (NCA) has purchased the above referenced account; we are not collecting for Alpine Direct Services LLC. NCA owns the account you created with Alpine Direct Services LLC and has a financial investment in it. Your debt is a part of your credit history; NCA would like to find a positive resolution to this account and its personnel will work with you to resolve this debt. If you are unable to mail in the balance in full, please call our office toll free at 1-866-964-5261.

As of the date of this letter, you owe $510.00; because of interest, late charges and other charges that may vary from day to day, the amount due on the day you pay may be greater than the amount on this letter. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your payment. For further information, contact NCA at the above address or call 1-866-964-5261.

Unless you notify this office within thirty days after receiving this notice that you dispute the validity of this debt or any portion of it, this office will assume this debt is valid. If you notify this office in writing within thirty days after receiving this notice that the debt or any portion of it is disputed, this office will obtain and mail you a copy of the verification of the debt or a copy of the judgment against you. If requested by you in writing within thirty days of receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.
Call us for payment options.

Once the account is paid, NCA will, at your request, send a receipt upon request and will inform the credit reporting agencies that the account has been paid.

All future payments and correspondence should be addressed to our office. This communication is from a debt collector attempting to collect a debt, and all information obtained will be used for that purpose.

Jackie Fagan National Credit Adjusters 1-866-964-5261 Ext. 1500 Toll Free
New York City Department of Consumer Affairs license number 1142510


lrhall41

Submitted by paydayhellny on Fri, 01/07/2011 - 08:50

( Posts: | Credits: )


They are trying to collect on an illegal debt, so, I would tell them any payday loan contract in NOT enforceable in a court of law because payday loans are prohibited in the state of N.Y., you might want to include a copy of the N.Y. payday loan laws also.
Quote:

New York State Information

Legal Status: Prohibited

Citation:
Licensed lender law applies but interest rate is that agreed to by contract. N.Y. Banking Law 340 et seq. A check casher licensee cannot make loans nor cash or advance any moneys on a post dated check unless it is a payroll check. N.Y. Banking Law 373. Criminal law sets the usury cap at 25%. N.Y. Penal Code 190.40.

Small Loan Rate Cap
25% per year

Where to Complain, Get Information:
Regulator: New York State Banking Department
Address: One State Street New York NY 10004
Phone: 1-877-BANK-NYS begin_of_the_skype_highlighting 1-877-BANK-NYS end_of_the_skype_highlighting
Fax:
Regulatory Contact: Regina A. Stone Deputy Superintendent
Regulator’s Website
Complaint Form
Complaint Instructions
Online Resources:


lrhall41

Submitted by Shazzers on Fri, 01/07/2011 - 08:56

( Posts: 17344 | Credits: )


Here ya go.

Quote:

AZ
Arizona State Information

Legal Status: Prohibited

Citation:
Consumer Lenders Act applies. Ariz. Rev. Stat. 6-632

Small Loan Rate Cap:
36% per year plus 5% fee

Where to Complain, Get Information:
Regulator: Arizona Department of Financial Institutions
Address: Financial Enterprises Division, 2910 N. 44th Street, Suite 310 Phoenix AZ 85018
Phone: (800) 544-0708
Fax: (602) 381-1225
Regulatory Contact: Robert Charlton,, Assistant Superintendent of Banks


lrhall41

Submitted by Shazzers on Fri, 01/07/2011 - 09:39

( Posts: 17344 | Credits: )


You can send them a cease and desist letter, send it certified:
[QUOTE]Your Name
Your Address
Date
Collection Agency's Name
Collection Agency's Address
Subject: Debt Collection Against [Your Name]
Creditor Name: [Creditor]
Account No. [Number]
Dear Account Representative,
I am writing pursuant to the Fair Debt Collection Practices Act, 15 USC 1692c(c), to request that you cease all communication to me about my account [number ________] with [creditor].

Please note you will be in violation of the Fair Debt Collection Practices Act if any of your agents attempts to contact me at my place of employment or my home via telephone after I make this request. All communication should be done via the U.S, Postal Service from this day forward [insert date].
Sincerely,
[Your Name][/QUOTE]


lrhall41

Submitted by Shazzers on Fri, 01/07/2011 - 14:06

( Posts: 17344 | Credits: )


Got an interesting voicemail at work today from a Brad Ridge. Brad said that he was in my area and looking to serve me court papers for some bad checks. Said that he would drop off my court summons at either my place of employment or at my residence. Said that maybe I could avoid court if I contacted that plantiffs directly. Gave me an 877 number to call. He said at the end of the call ???you have been served???. His number came from a 410 number which is from Maryland, not a local AZ number. Anyone have any advice?


lrhall41

Submitted by on Thu, 01/13/2011 - 11:28

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there is no such thing as service by phone.he is lying to scare you to pay an illegal loan.NCA is a dirty bottomfeeder that should be reported so my advice is to report them.first file a police report as bradkins broke the law with his call.then use the name and number to file AG,AND FTC complaints against NCA.then don't hold your breath waiting to be served.


lrhall41

Submitted by paulmergel on Thu, 01/13/2011 - 12:16

( Posts: 15514 | Credits: )