Richard Shum Law Offices - PDL Question
Date: Mon, 09/26/2011 - 13:18
After doing a lot of reading and research on this (thanks all!!!) and other sites, I have found out that PDLs are in fact prohibited in my state of Pennsylvania. Confirmed by phone call to the PA Dept. of Banking (boy are they tired of getting calls about this issue. The man was informative, but clearly not pleased about getting another caller.)
Back in 2009 I had 2 PDLs, one from "CashCentral" which claims I owe through NCA $365.00 and one from "CashNetUSA" which claims I owe $839.65 through the Law Firm of Richard Shum.
What should I do about this NCA? Contact them and tell them the loan was illegal?
I called Shum's office and asked for a verification letter in the mail last week before really looking into this. It's supposed to be on the way. I know (and still have access to the records on CashNetUSA's site) that I had paid literally hundreds and hundreds in roll over fees to them over the two years or so that I was trapped into it before I closed my bank account.
Since this matter is with an attorney on the CashNetUSA issue, what do you advise I do? Note* The man I spoke to was very courteous and professional. They emailed the letter to me asking that I call back to confirm receipt. I did not. Waiting for copy in mail.
Also, I should not worry about the "bad check arrest" threat correct? Yea, I know it's constantly repeated around here, but of course had to ask. :confused:
Thanks to all of the great people on this site. It's been such a good resource. I would never advise anyone to go the route of the PDL. I was totally ripped off at my most financially vulnerable time. Now unemployed since January, and these people are coming back at me again years later... Nice.
If they are threatening arrest, they are violating the FDCPA. S
If they are threatening arrest, they are violating the FDCPA. Send them a full cease and desist ASAP and report them to your states AG office and the FTC
Bad check laws do not apply to payday / short term loans. Cash
Bad check laws do not apply to payday / short term loans.
Cash Central is full of it. They're not licensed and are illegal. On their own website they state they don't offer loans in PA.
CashNetUSA, however, is NOT a payday loan. They operate as a CSO or short term installment loan lender. Payday loan laws do not apply to them. You're going to need to work out a payment arrangement with CNU or with the law firm/CA representing them.
Scratch my previous statement re: CNU - see my response below. -OG
okay
hate to disagree with ohiogal,but a couple of points
1)CNU is getting class actioned as we speak so i question their legality at least in PA.
2)richard shum for the most part doesn't pratice outside of NYS so this is either a rent-a-lawyer,or a scam using his name.
3)an emailed letter doesn't count as you need their return address on the letter.
you are doing the right thing in waiting for a real letter,but i would not count on getting one.when this person calls again.state you want a letter via the usps.you are not accepting an email.btw you must be sued in PA and the bourough,or town you reside in.bottomline richard shum has no license to practice law,or collect in PA meaning the idiot who contacted is a bottomfeeder that is using this richard shum's name.a classic rent-a-lawyer scam.or just a scam.
Paul, Thanks for questioning. I just got off the phone with t
Paul,
Thanks for questioning. I just got off the phone with the PA Dept of Banking and asked specifically.
What the gentleman told me is if a CSO is acting as a broker, and the lender they're hooking someone up with is a PDL or otherwise unlicensed lender (so basically, in PA, unless it's a bank/credit union/mortgage company, etc.) then they're breaking the law.
I'm glad you brought this up because, CNU and Check 'n Go, etc. use this loophole all the time to get around the law in states where PDLs are prohibited.
So...Paul's right. CNU is not legal in PA either. So, frankly, I'd just go ahead and either send a C&D to this law firm or wait for their letter and see what they try to come up with when you DV them.
Thank you
Thanks all for your advice. I appreciate it very much. This Richard Shum, who is representing CashNetUsa is going to get the "illegal in PA" letter and I'll go from there.
CashCentral is getting the C&D and the "Illegal in PA".
I'm also getting some calls from a Vandenberg Chase and Assoc. leaving voicemails and threatening all sorts of crazy, not sure for what. I'm not returning their demanded phone calls. If they want to send a letter fine.
One side note: I had a crazy rip off credit card back in 2008 with a $300 credit line, (half of which was a $150.00 fee if I recall). They racked up so many fees it got to $800 so I just quit. I couldn't afford to pay anything that they wanted. It was Credit One Bank, now LVNV Funding in SC. They have an attorney Apothaker & Assoc. from NJ that HAS in fact filed a "complaint" in Common Pleas Court here in PA. Although, I have yet to be "served" with the papers per se, I can look up the case # etc. SO - that makes me question the notion that someone from another state can't sue you. Any thoughts?I know that's off thread.
Thanks again for your help. I'll try to pass on the help to others!
Aaron :)
well
anybody can sue.it's just gotta be in your town,county,village,or bourough.nobody can sue you in another state,and commute that to your state.unless you incurred the debt in that state.i would wait to be served.look up your rules for service as it varies area to area.i would check with the court clerk as if there is case number you might want to respond anyway.don't want to risk a default judgement on a defunct cc.
I'm not sure where you got that idea. Anyone can sue you. The
I'm not sure where you got that idea.
Anyone can sue you. They just have to follow the rules of civil procedure in order to win.
Thanks again.
Got served today on the one thing. Will look in another forum for how to deal with that. Sent C&D/Illegal letters to Shum and CashCentral's agency. Made sure to mention the $5000 in fees I'd paid CNU from 2007-2009 (was able to access account online and printed them all) and that they probably owed me a refund of a few $K minus the $650 principal. Will post updates.
Thanks again for all of your help. I would have been totally lost. After getting downsized from my job and losing my car in Jan/Feb...REALLY didn't need these creeps after me.
A.
Send a PM to skydivr for help with how to respond to your summon
Send a PM to skydivr for help with how to respond to your summons.