PDL (not CA) calling my personal references after daily contact..

the way i stopped them was by calling them and saying that they cannot speak to anyone but me directly and that was the only way i was going to work with them.
i know that won't work with everyone and am sorry you are going through this :(
i know the feeling - i wish i didnt give them my real number for work, i shoulda gave them the fax number or something heh

you need to email, fax, and certify mail cease and desist letters. you can tell them to stop telephone communication completly or just tell them not to call you at work and your refrences. i did that right before i defaulted and its been unusually quiet around here.

some companies will honor a verbal c&d but not all of them will.

FYI, the original creditor is not bound by law to honor a cease and desist order. The cease and desist letter has legal stature with third party collectors only.

So if it is only 3rd party collectors that have to obey a cease and desist letter do I have ANY way to stop the original creditor from calling people?
I will communicate with them daily and have told two of them that. Today I made my two calls by saying:
"Good morning this is _____. I need to inform you that this call is being recored so that I may have a record of all communication with your company. Todays date is___and the time is____. I have an outstanding loan with you that I have defaulted on. This is my daily communication with you to inform you that my circumstances have not changed. I intend to honor the principal and remaining interest on this loan and will mail you a cashiers check on the 28th of the month. I do not know as of yet what the amount of that payment will be. As we have communicated today I expect that you will refrain from calling me again today and/or contacting my references or employer. I will call you again tomarrow at the same time."

For the last several days the managers sounded very bewildered and said "Okay but we'll continue with collections we can not set up a payment plan".

So far these two storefront PDL's have not called my references. But if there is anything else I can do please let me know.

Usually if you remain in contact with store front lenders and make an effort to pay them down they will steer away from calling your references, the only reason they do call the references is to track you down. (Usually)

I have been struggling with 5 different PDLs over the last few months since my husband has been off work. I have gotten some good advice on this site. I have closed my account and stopped my direct deposit. My first 3 loans are with ameriloan, Loan Point USA, and One Click Cash. All of these loans were for $200 and I have paid the fees on them several times. The last 2 loans were with Nationwide Cash and Outback Bucks. These loans were taken just so my family could pay our rent and eat after the fees from the others were taken from my account. One was for 300.00 and the other for 400.00. I have not paid any of the fees on either of these. I have called all 5 to make payment arrangements, but they are so nasty and have refused. Each has threatned to have me prosecuted for fraud. I have read on this site that this is not a possiblity. Can anyone confirm that for me for sure? I contacted my Secratary of State office in Indiana and was directed to their website. I found out that none of these companies were licensed in Indiana (this is required by state law). I found the following letter on this site and sent it to all 5 companies...

December 13, 2008

Company Name

Julie Warner
XXX, Indiana
Account #


After doing research regarding Internet payday loan laws in the State of Indiana, I have found that your Internet payday loans are actually illegal. I have also found the following laws to be true applying to payday loans in the State of Indiana in general:

I hereby revoke any and all ACH authorizations with your company from debiting any of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I have closed my account ending in 1831 to protect my interest in this matter, per instructions from The Indiana Department of Finance. I also revoke any and all wage assignments I may or may not have signed with your company, I no longer authorize you, your company, or your affiliates to attach any part of my wages or contact my employer for your collection purposes. I have notified my employer about this matter so any attempts to do so on your part will be rejected and/or reported.

I demand that any contact be made through email only. Any attempt to contact my via phone or the US Postal Service will be ignored and/or reported. I will need everything in writing to keep accurate records of all communication as per instruction from my Attorney General's Office.

I prohibit you or your affiliates to contact me via telephone at my place of employment or my home
telephone number. I also prohibit you from calling my references listed on my loan.

Due to the fact that Internet payday loans must be licensed in the state of Indiana to be a legal and binding contract, your company should NOT issue loans to Indiana residents at all. I am requesting that you send me your license number which enables you to offer loans to Indiana residents.

The legal amount that could have been charged to my loan is the principal amount, even IF your Internet pay day loan were legal anywhere in the U.S.. I am willing to pay the principle amount of the loan only, however, this is only if you provide me with a physical address where I can send payments.

I must also inform you that I will be filing complaints with the Better Business Bureau, the Federal Trade Commission, and the Indiana Attorney General's Office.

I expect a response from your company no later than 5 days from the above date regarding this matter. This response may only come via or email. No telephone contact is permitted.

Sincerely,

Julie XXX
CC:
Better Business Bureau
Indiana Attorney General
Federal Trade Commission

What do I need to do now? I really don't mind paying the amounts that I borrowed or even the interest, but I can't pay them in the amounts they will accept. I need to be able to pay smaller amounts over time, as my family is just barely making ends meet now. This is such a nightmare and I don't want to be arrested for this mess. Can someone please help me figure out what if anything I do now?

no you will not get arrested. dont believe them when they tell you that. i delt with mine a little diffrent than most people on this site so i can only give you advice on what i have done, but i had 4 payday loans. only 1 of them would work with me on payment arrangments, the other 3 either refused or wanted such high payments i couldnt afford to do it all at once so i joined a debt consolidation program, yes they charge extra fees but i just pay them 1 pmt a month and they do all the dirty work dealing with the pdl companies. they base the monthly payment off of a 12 month program so basically they add up what you owe, add their fees then divide it by 12. it might not work for everyone it just depends on your situation. so far its going good i think, i have this wildabeast from paychecktoday that keeps telling me they will not work with a 3rd party only me, so i email her back and say really when they call you to pay my balance you will not accept the money? i'm just messing with her, i know they will accept the money. but i'm sure somone on here can give you better advice. good luck and hang in there.

Okay, now I have sent letters revoking these companies rights to contact me by telephone, and I have requested their Indiana license numbers. I sent the letters via email on 12/13, but I have already had 3 harassing phone calls. What should I do now? They just won't stop.

File complaints with the FTC and BBB. Filing a complaint with BBB was really the only way I got one of mine to stop calling me every day.