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Help With Loans In Collection

Date: Mon, 03/14/2011 - 14:42

Submitted by yodasnuggs
on Mon, 03/14/2011 - 14:42

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Total Replies: 4


Hello all,

I need some advise on what to do regarding a bunch of loans I have that have no (supposedly) gone to a collection agency.

These are all at least two years old, and I have drastically overpaid on them already. I closed my account years ago, hadn't heard from any of these companies since then, and now suddenly I'm getting calls from all of them looking for payment arrangements and threatening me with lawsuits and/or wage garnishment. Out of fear of my employer finding out about this, I have made payment arrangements with all of them, but it's already becoming too much, as essentially my entire paycheck is going towards these arrangements.

I have several questions:

1. Do they actually have any basis for a lawsuit/garnishment?
2. If so, will they actually go through with it?
3. Are they any companies that I can consolidate with, at this late point in the game?

All of these people who call me are sooo sketchy and pushy and I have major doubts about whether or not they would actually proceed with any of their threats, but I'm also nervous. Any advise would be appreciated.


Thank you for the response. I am located in New York, and all of the loans are internet loans.

I will break this down as best I can. The main problem that I face, in trying to prove that I have already overpaid on these loans, is that I have changed banks, and the old bank claims that they cannot send me any of my prior records.

These loans all go back at least two years. At the time I paid on all of them for a while, but it became too much. I closed my account, and even actually consolidated some of them, further overpaying.

The first call I got was from CK Marketing. After I ignored them for several days, they sent my employer a wage garnishment letter. I panicked after that, and agreed to payment arrangements with them, as I did not want my employer to have to be involved. After I did this, all of the other calls started coming in, like a chain reaction. Again, stupidly, but out of fear, I have agreed to arrangements with all of these companies. Here are the problems in question:

CK Marketing:
Original Loan: $300
Original Payments: $150
Settlement Amount: $325
Payments Made For Settlement: $210

Discount Advances:
I cannot actually find proof in my email that I ever even borrowed from this company. However, the settlement I took from them was $390. I have not paid anything to them on the settlement yet. They gave me a "court release number", which supposedly will stop all actions that were pending against me, but I am now assuming that this is BS?

Ace Cash Services:
Original Loan: $400
Original Payments: At least $120
Settlement Amount: $640
Payments Made For Settlement: $0 so far

Venberg Chase for Hi Country/Advance Today
Original Loan: $300
Original Payments: Unknown
Consolidation Payments: $100
Settlement Amount: $500
Payments Made For Settlement: $0 so far

One Click Cash
Original Loan: $300
Original Payments: Unknown
Settlement Amount: $400
Payments Made For Settlement: $0 so far

UAS for Kenwood
Original Loan: $400
Original Payments: Unknown
Consolidation Payments: $425
Settlement Amount: $629
Payments Made For Settlement: $307

So that is my basic situation. Being that I cannot get the information from my previous bank, I am going to assume, for my purposes, that I owe the full principal amounts on the loans that are unknown, even though I am 100% sure that several payments were made on all of these.

My questions are:

1. Since I stupidly agreed to payment arrangements, is there anything I can do to stop or revoke them?
2. How do I get these people to stop calling me at work/calling my boss/sending wage garnishment letters? I really don't care how many times they want to call me at home, but I can't have them calling me at work.
3. If they refuse to send me anything in writing, which ALL of them have, where does that leave me? When I ask them to do so they say things like "those records are sealed and cannot be opened unless we go to court."
4. Being that all of the amounts originally borrowed at LESS than the settlements, should I at least offer to pay what it is that I THINK I owe? Or should I let them do the work?
5. Do they actually have the ability to file suit/garnish my wages/throw me in jail?
6. Is it true that banks cannot send information on old accounts? Again, I an 100% sure that I paid all of these loans up to a certain point, more than likely overpaid, but I don't know how else I can prove that without these old records.

Any help at all would be greatly appreciated.


lrhall41

Submitted by yodasnuggs on Tue, 03/15/2011 - 09:53

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1. Since I stupidly agreed to payment arrangements, is there anything I can do to stop or revoke them? Yes. Every "agreement" can be altered. Internet PDL's are illegal in NY, and you can tell them that money sent to them must be applied to the principle only.
2. How do I get these people to stop calling me at work/calling my boss/sending wage garnishment letters? I really don't care how many times they want to call me at home, but I can't have them calling me at work. The original lender will not listen to talk of debt laws and such, and they will call you at home and work as much as they feel they need to. BUT....they will give up, (mine did), and sell the debt to a 3rd party CA. THESE PEOPLE you can tell not to call you at work, and they must desist as per the FDCPA.
3. If they refuse to send me anything in writing, which ALL of them have, where does that leave me? When I ask them to do so they say things like "those records are sealed and cannot be opened unless we go to court." I would do NOTHING. Illegal debt is just that. If they won't comply with you requests, do nothing, and wait for them to sell the debt off. Then you're covered under the FDCPA. Remember....most of these companies(read:all) won't sue you...they can't arrest you...you're protected by law in NY.
4. Being that all of the amounts originally borrowed at LESS than the settlements, should I at least offer to pay what it is that I THINK I owe? Or should I let them do the work? Your new offer to them should be to pay back the principle amount borrowed, minus any payments previously made before default, or under any other payment arrangement. The principle is all you are morally on the hook for. Legally on the hook....NOT A DIME. But pay the principle.
5. Do they actually have the ability to file suit/garnish my wages/throw me in jail? No. PDL's are illegal in NY, and you cannot be sued for an illegal debt. There is no debtors prison. 3rd Party CA's that threaten this are in violation of the law, and YOU CAN SUE THEM.
6. Is it true that banks cannot send information on old accounts? Again, I an 100% sure that I paid all of these loans up to a certain point, more than likely overpaid, but I don't know how else I can prove that without these old records. This I cannot answer. It would depend on the bank. My bank when I closed my accounts to settle my mess, only had access to 3 months of transactions. I'd imagine there would be a way to get more if needed, especially if there was a lawsuit involved....which believe me...there won't be.


lrhall41

Submitted by Mike W. on Wed, 05/11/2011 - 12:20

( Posts: 94 | Credits: )


Also...you mentioned these companies sent your employer a "wage garnishment" letter? That's actually a request for "wage assignment". Unless you were served by a court official, sued, and had a judgement placed on you, all of which you would be fully aware of, you cannot be garnished. However, in some of the "contracts" these companies try to hold you to, there is a provision for "wage assignment", which is essentially allowing them to contact your employer to have a portion of your wages sent to them directly. THIS IS A 100% VOLUNTARY THING AND CAN BE REVOKED AT ANY TIME. All you need to do is inform your HR/Payroll department that any and all wage assignments, unless ordered by a court of law, are not to be honored, and they must do so.


lrhall41

Submitted by Mike W. on Wed, 05/11/2011 - 12:26

( Posts: 94 | Credits: )