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Debtconsolidationcare.com - the USA consumer forum

need advice with collection

Date: Wed, 12/02/2009 - 09:51

Submitted by islefan3949
on Wed, 12/02/2009 - 09:51

Posts: 273 Credits: [Donate]

Total Replies: 24


I got a call from some one with national credit adjusters, saying they are collecting for two payday loans i had with mmg and with debt doctors. I live in ny, I spoke with both of these places and went over with them what i had paid in fees and payments and it more than covers the amount that i borrowed. Waht do i tell the collection agency? this was from back in 08 and they just called me yesterday, any chance I should try and get a paid in full email from the two pdl's?


While you are trying to get PIF from the pdls, have the collectors validate the debt. Under law they must do this. That way you can confirm the original debt, plus what the interest fees were. Once validated (important since it's been a couple years), I'd send them a certified letter, return receipt, telling them you are not paying anything over what you originally borrowed because they are illegal lenders.

I would send the validation request, certified (return receipt). I did this with SHW; received the card back but no validation. Haven't heard from them in 2 months. They know they are illegal and they hope to just intimidate people into paying what they say they owe.


lrhall41

Submitted by aubrey on Wed, 12/02/2009 - 10:09

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Tell them you won't acknowledge ANY debt over the telephone and according the the federal law, they are obligated to send you a letter of collection via the mail, if they fail to do so and continue calling you, you will be forced to file a complaint with the FTC for not follwing the FDCPA, and, you will also file complaints with your attorney general and the BBB. Then, follow through and DO file the complaints. If they do not comply with the FDCPA by not sending you a letter of collection via the mail after contacting you on the telephone, they are in violation of the FDCPA which means they are subject to a fine and being sued by you for up to $1000.00.


lrhall41

Submitted by Shazzers on Wed, 12/02/2009 - 10:20

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I'd gotten a call from one of these outfits and when I told them I wanted something on company letterhead stating that I in fact DID owe on a PDL (I'd overpaid my PDLs) and it was in fact a LEGAL debt, and they said they didn't have to send me any such letter! I said that was entirely up to them, but that was what I wanted. I never heard any more about the matter.


lrhall41

Submitted by on Thu, 12/03/2009 - 03:57

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Quote:

Originally Posted by islefan3949
Ok I heard from national credit adjusters today and they say they sent a letter on the 25th so i guess maybe i'll be getting it today. Even with them sending me this letter what should my next course of action be?


don't hold your breath on that.alot of bottomfeeders claim they will or have sent out letters.this is one of those bottomfeeders.if by some miracle you get a letter.send a DV letter asap.send it certified mail return receipt.


lrhall41

Submitted by paulmergel on Thu, 12/03/2009 - 13:16

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Quote:

Originally Posted by islefan3949
What's a dv letter? What do I need to include? What should I tell the guy calling in the meantime? Also if anyone has any info on an email address for debt doctor or magnum z can you let me know it


dv=debt validation.it means you want them to show the following

any kind of proof you owe this(being as the lender is illegal i doubt they can)

show how they cam up with the amount owed

show a license to collect in your state

that is what you need to ask for in a dv letter.the collector can't even contact you until they validate.if they do then you can sue them for FDCPA violations.


lrhall41

Submitted by paulmergel on Thu, 12/03/2009 - 13:30

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So all i do is type up a letter saying that i need those things sent to me? what do I do if I can't get anything in writing from the pdl's clarifing that the accounts were paid? also the guy from nca told me that if he doesn't hear from me by monday that my credit will be affected, how can this be if it's an illegal loan?


lrhall41

Submitted by islefan3949 on Thu, 12/03/2009 - 13:46

( Posts: 273 | Credits: )


So I spoke with mmg and debt doctor and both of them have told me that they can't acknowledge that my account has been paid in full since the accounts were sold to the ca, but I they did tell me the amounts i've paid in fees and it's definitely paid in full, but i can't get anything in writing. I also spoke with the ca and they told me they have no info on what was paid so far. What can I tell them, cause I defintiely don't want to pay them anything on accounts that I don't owe.


lrhall41

Submitted by islefan3949 on Mon, 12/07/2009 - 13:00

( Posts: 273 | Credits: )


Tell them you need a dunning letter (letter of collection) via the mail, as required by the FDCPA, if they make excuses and don't send you one within five days, file a complaint with the FTC, tell the FTC you are being harassed on the phone by (name of ca), explain you have requested a letter of collection but they have not sent you one, also state that you requested one on (insert date) but they stll continue to call you. Make sure you provide the name of the company, title of the employee who is calling you, and name of the employee if possible (ask) also ask for an employee ID number, address, phone number, etc.


lrhall41

Submitted by Shazzers on Mon, 12/07/2009 - 15:21

( Posts: 17344 | Credits: )


Quote:

Originally Posted by islefan3949
Now national credit adjusters is telling me that they are not a collection agency and that they actually bought the debt from the two pdl's. Does this make a difference? what can i do in dealing with these guys? if i paid the pdl's in fees what can i tell them? please help.



that is BS.in fact 3rd parties or JDB'S as they are called must follow the FDCPA,and can be penalized as well.they try to tell people that to prevent them from acting on their rights.proceed as you were.


lrhall41

Submitted by paulmergel on Tue, 12/08/2009 - 11:45

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Quote:

Originally Posted by islefan3949
So jusst so I'm clear I don't have to pay them anything right, cause like i said i more than paid the pdl before national credit bought this account from them. Even if they do mail me something do I still have to pay them? could they take me to court over this? could this end up on me report?


treat them like the pdl.only they have to abide by C&D and DV letters.get those out asap.certified mail return receipt of course.file AG complaints against them as well.btw national credit supreme bottomfeeder.


lrhall41

Submitted by paulmergel on Tue, 12/08/2009 - 11:56

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