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National Check Recovery Services Collector for Payday1 just sent a copy of the loan I took out and now I dont know what to do

Submitted by TickedOff on Thu, 03/01/2012 - 19:37
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I took out an online pay day loan in 2008 with payday1. The loan says payday1 of Alabama. I have researched the laws concerning online payday loans and it was to my understanding that the online site must have a store front in order to be licensed in my state. Well the loan agreement states this

PayDay One of Alabama LLC
4150 International Plaza, Suite 400
Ft. Worth, TX 76109

"This is a non-negotiable instrument. In this Deferred Presentment Services Agreement (the
"Agreement") and Federal Truth-in-Lending Disclosures (the "Disclosures"), "you" and
"your" refer to the Borrower identified above. The words "we", "us", "our" and "Lender"
mean PayDay One of Alabama, LLC, a lender regulated by the Alabama State Banking
Department. "Loan" or "credit" means this Deferred Presentment Services Agreement."

Does this mean that this loan was legal? I am willing to pay the loan back but this collection agency is trying to make me pay $350.00 for a $100.00 loan, not to mention that they never sent me an letter before calling me and leaving a voicemail on my phone saying that I needed to call to arrange a time to be at home to sign some papers for a court date or they would come to my employer.
What do I do now? I have sent a cease and desist letter and a letter stating that the loan company is licensed in Alabama. Please help!!


your state law is correct.i noticed there was no license number on the correspondence.i would not take that at face value as again their would be a license number.btw they can type up anything like that.besides as payday1 is not legal.i think this NCRS is trying to put one past you.


Submitted by paulmergel on Fri, 03/02/2012 - 05:51

paulmergel

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i did some more digging and payday1 didn't have a license in AL in 2008.furthermore this national check recovery is in GA,and has no presence in AL.last thing.no collector which this is can sue you.only an attorney can sue,and they wouldn't call ahead on it.do not worry.i will try to get an address to file an AG complaint against this place.just don't talk to them further.btw nothing legal,or legit was ever done via email so just hang tight.i will get that address shortly.


Submitted by paulmergel on Fri, 03/02/2012 - 07:02

paulmergel

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Thank you for your response! This CA is actually out of Buffalo NY:
National Check Recovery Services, LLC
Phone: (877) 337-9237
1800 Elmwood Avenue
Buffalo, NY 14207
I checked on the alabama banking license website and this is what I found that Pay Day one does have a deffered presentment license in alabama. Its read as Pay day one of alabama LLC, I am trying to access the site to copy the info but it is not letting me at this moment. I want to settle this debt,I did take the loan out, unfortunately at the that I was in a really bad situation, I had forgotten about it until now. Payday one has not contacted me about it. It's only $100.00 loan, I just dont feel that it is right that National is trying to threaten me and attempt to make me pay $350.00.


Submitted by TickedOff on Fri, 03/02/2012 - 13:12

TickedOff

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yes,but the terms on that website say the lender(payday one)can't charge more than 17.50 per 100.00 borrowed.furthermore no rollovers are allowed.so i do believe that NCRS got that info somewhere else as paydayone.com states they do not lend in AL period.also i think the lender sold the debt to this place not assigned it,but that doesn't matter now.what does matter is that i guarantee there is nop action being taken as you must be sued in your town,county,village,or bourough.check your court clerk's website using your name as the defendent.when nothing comes up file an AG complaint against NCRS asap.btw did they email you a copy of your loan contract specifically?i never asked that,but again how a complete NY bottomfeeder got that basic info is anybody's guess.just saying.


Submitted by paulmergel on Fri, 03/02/2012 - 14:16

paulmergel

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Thanks again for your assistance in this. Yes, they did email me a copy of the loan I took out.


here is what i found on my states site that states they have an Alabama Deferred Presentment License

Lic. No11107 DP
PayDay One of Alabama LLC 4150 International Plaza Suite 400 Fort Worth TX 76109
License Date 1/1/2012

and it states that *All ADPSA licenses expire on Dec 31 of each year.


Submitted by TickedOff on Fri, 03/02/2012 - 15:36

TickedOff

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is callng me saying they are about to sue me...and arrest anyone that is a reference im confused and i think they are just trying to scare me


Submitted by on Wed, 10/24/2012 - 13:44

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I had the pleasure (NOT) of dealing with these folds today. Here was my response:

Dear Ms. Bradshaw, Mr. Wilson, and all other parties at checkregistry.org and check-systems.com,

I received a call from a Mr. Allen Davis who claimed he had a "signed affidavit" for me to appear in court, and if I did not wish to be served, I should call 585-278-1316 and ask for Patrick Wilson regarding case no. 230884-VT.

I immediately called Mr. Wilson and was informed your organization was filing 3 charges against me including check fraud, and allegation of passing a bad check.

This was all apparently regarding a payday loan, said to have been originated by webpayday on August 10, 2008. You were seeking to collect $7,119.89 from me regarding this debt.

I stated that I did not recall a loan from webpayday but would need to consult my records and speak with my husband before accepting your "pre-litigation office's" settlement offer of $1,224.13. To my knowledge, I have paid all outstanding payday loans, but certainly would want to settle any legitimate debt still outstanding.

I have done my research, and determined the following:

1. According to my 2008 bank records, I never received a loan from "web payday."

2. My bank accounts were closed several months before August 2008, so it would not have been possible to receive a loan from them in August.

3. When I asked Mr. Wilson for proof of the debt, what was emailed to me (by Ms. Bradshaw) was the attached settlement letter. It does not offer any proof of the loan or its original amount.

4. If this is a legitimate outstanding account, I wish to rectify that. However, I will require a debt validation letter proving that the debt is mine, the name/date/amount of the original loan, how you arrived at the amount due, and that the lender is licensed in Vermont.

5. Please notice that I have attached a cease and desist letter. This will also be sent via certified mail. This applies to any future communication, excepting the debt validation letter requested above in item 4.

6. The settlement letter attached was drafted by a legal assistant for M. Robert Madia. Mr. Madia states that he no longer represents your organization as of November 2012.

7. According to their web calendar, my name does not appear on my county's court docket for the foreseeable future.

8. I cannot be charged with check fraud or allegation of passing a bad check, when I never actually wrote a paper check. It does not apply to ACH transactions.

9. Your organization has an F rating from the BBB of Western NY, and multiple complaints on debt-related websites.

10. And a tip as my gift to you: it is highly unlikely that a process server in VT and a collector in NY would have musak playing the same song at the same time.

Thank you for your consideration.


Submitted by Vermonster on Thu, 02/07/2013 - 21:23

Vermonster

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