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Help!!! I am being threatened with jail time!!!

Date: Tue, 04/24/2007 - 18:41

Submitted by anonymous
on Tue, 04/24/2007 - 18:41

Posts: 202330 Credits: [Donate]

Total Replies: 6


Here is the jist of my story. I live in the state of Texas. Last year I took out a couple of PDLs. Most of which have been paid off. But before I could get the last paid my truck broke down and I lost my child support. For the past year, I have been harrassed by Westbury Ventures at work. Everytime I speak with them they offer me a settlement $700 for a $400 loan. When I tell them that I can pay $100 every two weeks until its paid off they won't accept it. They are requesting double of what I offer and now they are threatening to file with Harris county for check fraud and have me thrown in jail if I don't pay at least $200 by April 30th. They are also threatening my director that they are going to contact the owner about my debt and her reluctance to help them. Any info about what might rights are if I have any. PLEASE HELP!!!!!!!!!!


Quote:

Legal Status:
Legal

Loan Terms:
Maximum Loan Amount:
Loan Term: 7-31 days
Maximum Finance Rate and Fees: $10 per loan + 48% annual interest
Finance Charge for 14-day $100 loan: $12
APR for 14-day $100 loan: 309%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: Not Specified ($500 aggregate loans outstanding to all licensees)
Rollovers Permitted: None (if renewal charge is less than maximum interest rate permitted; otherwise convert to declining balance installment note)

Collection Limits:
N/A




I would file a complaint with your states AG and the FTC because they cannot threaten you like that unless they intend to follow through. They are probably not even licensed in your state. You can also contact your states department of financial institutions. Plus I believe they cannot talk to anyone else besides you about your account. I would file complaints ASAP.


lrhall41

Submitted by puddlejmpr on Tue, 04/24/2007 - 18:55

( Posts: 1634 | Credits: )


Yes, complain to the state AG, because I read somewhere in these posts that this company isn't even licensed in Texas. If I were you, I would sue them on this count (as I believe you are allowed under the Texas Finance Code). I would also sue under the fdcpa for saying you had commited a crime and would go to jail. In fact, I it sounds like they are also comitting extortion.


lrhall41

Submitted by Law Student on Tue, 04/24/2007 - 19:32

( Posts: 1182 | Credits: )


Sample debt validation letter. Do not pay a collection agency any money without first sending this letter. If you have any questions, please contact Anthony.

Quote:

(Your name)
(Your address

Collection company name
Company address

(Date)

Re: Acct# 00000000

To whom it may concern:


This letter is being sent to you in response to a notice sent to me on March 8th, 2050. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit Bureaus (Equifax, Experion or TransUnion) this action might constitute fraud under both federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you for the following:

1. Violation of the Fair Credit Reporting Act-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing of any information to credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with third parties, it will be considered harassment and I will have no choice but to file suit.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Thank you,

Signature
Printed name


lrhall41

Submitted by Anthony Lemons on Tue, 04/24/2007 - 22:19

( Posts: 1828 | Credits: )


Breathe, they cannot take you to criminal court for this. You are only on the hook for your principal at a legal interest rate in your state--and from where I stand, $700 on a $400 loan is not legal. I would sit down and figure out how much you've already paid and subtract that from that amount. If it's more, demand that your account be marked PIF or you will file a claim with the State AG's office.


lrhall41

Submitted by kscornell on Wed, 04/25/2007 - 05:34

( Posts: 4407 | Credits: )