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payday loan default in nc after 4 years

Date: Tue, 09/22/2009 - 15:42

Submitted by debra4303
on Tue, 09/22/2009 - 15:42

Posts: 14 Credits: [Donate]

Total Replies: 33


I live in NC & had a payday loan in 2005 that has defaulted since 2005. The just started contacting me at work about 3/4 months ago. I am getting phone calls at work & at home now after 4 years. Can they still take me to court?


So even though the loan was out of state & live in NC, they still can't do anything? They have even called my sister saying that they have criminal charges they will file against me & telling her my business. It's been over 4 years & she told me it was Hunters associates. Have you heard of them? Don't know where they're located.


lrhall41

Submitted by debra4303 on Fri, 09/25/2009 - 20:24

( Posts: 14 | Credits: )


Quote:

Originally Posted by debra4303
So even though the loan was out of state & live in NC, they still can't do anything? They have even called my sister saying that they have criminal charges they will file against me & telling her my business. It's been over 4 years & she told me it was Hunters associates. Have you heard of them? Don't know where they're located.


I've never heard of Hunters associates, but it sounds like another made up scary title. Owing a debt is a civil matter, not a criminal one. They are trying to scare you, tell your sister the next time they call to hang up immediately, or if she feels real spunky, tell her to tell them you are deceased. Just don't play into their hands, they can't do anything but threaten and harass you. Don't allow them any time to do that, hang up immediately.


lrhall41

Submitted by Shazzers on Fri, 09/25/2009 - 21:17

( Posts: 17344 | Credits: )


Quote:

Originally Posted by debra4303
Again today I get another phone call from these people & they called me at work, again & told a fellow employee that it's a legal matter to get me out of a meeting to talk with them about they need me to set up payment with them today, before they file legal papers! What is there problem???


Their problem is they are nothing more than criminals. As long as you talk to them when they call, they will continue calling repeatedly. Next time, hang up immediately.


lrhall41

Submitted by Shazzers on Mon, 10/05/2009 - 13:50

( Posts: 17344 | Credits: )


Quote:

Originally Posted by debra4303
Okay I will, it's just annoying when they call my job & insist on speaking w/me even when I hang up on them. Thanks for the advice!


I understand, it's very tempting to speak to them and tell them where to go, but, the more they have someone to argue with, the more they will call. Believe me, they will tire sooner of talking to thin air.


lrhall41

Submitted by Shazzers on Mon, 10/05/2009 - 17:07

( Posts: 17344 | Credits: )


You are such an inspiration, they just called again, someoone stating that he's an investigator w/Hunter & Assoc & contacting on my behalf for. The pdl company is no fax payday which is online & he has no address for so I told him to send me some paperwork because it's been over 4 yrs & if they really wanted to contact me they could have 4 yrs ago. The number that came up on my caller id was 678-954-7300. I can't find a hunter assoc investigation & also left message for me to call him at 877-322-2023 ext 1010. Are you familar w/any of these numbers or Hunter & assoc?


lrhall41

Submitted by debra4303 on Tue, 10/06/2009 - 08:14

( Posts: 14 | Credits: )


debra4303

Lets look at this from the beginning. You defaulted on a PDL in 2005 when PDL's were legal in NC. Based on this, if they were a legal lender, YES, you can be taken to small claims regardless of the fact that PDL's are not legal now. You need to provide more information for anyone to give you ACCURATE advice. Please get the name of the lender for more assistance. The fact that Hunter is a bottomfeeder, does not automatically negate the validity of the debt.


lrhall41

Submitted by PDLOwner on Tue, 10/06/2009 - 08:27

( Posts: 1049 | Credits: )


Quote:

Originally Posted by debra4303
the name of the payday lender is no fax payday loan which is an internet payday loan company. Why wait after 4 years when I still live at the same address & work at the same company but had to close my bank account because of all of the essesive transactions?


Because the debt was sold to another agency.


lrhall41

Submitted by PDLOwner on Tue, 10/06/2009 - 08:46

( Posts: 1049 | Credits: )


Quote:

Originally Posted by debra4303
so what do I do?


You need to inform this other company it's past the SOL. My best guess would be (based on the things that have been written by others about nofaxpayday) they are unlicensed lenders and the CA in which this loan was turned over to doesn't realize. Or they are a bottom feeder collection agency. Obviously they (the collection agency) doesn't follow the FDCPA or you would have received a dunning letter (letter of collection). Tell this collection agency the next time they call, you want documentation with PROOF they are legally able to collect on this debt, as required by the FDCPA.


lrhall41

Submitted by Shazzers on Tue, 10/06/2009 - 08:52

( Posts: 17344 | Credits: )


Quote:

Originally Posted by debra4303
I've been reading over some of the other posts & was wondering if this collection agency/firm can garnish my wages or try to take me to court whether or not this pdl was sold to them? I live in NC & the firm is in GA?


This is why you need to educate yourself on your rights, read through the FDCPA. This collection agency first needs to send you a dunning letter (letter of collection). In that letter it SHOULD state that you have thirty days to dispute the debt, at which time you CAN and SHOULD dispute it on the grounds it is past the Statute of Limitations, and request validation. Most likely, it will never get to court, BUT, if it does, you can file a motion for dismissal with prejudice on the grounds it is past the SOL. You MUST however dispute it within the 30 day window.


lrhall41

Submitted by Shazzers on Wed, 10/07/2009 - 20:27

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Please STOP BEING A VICTIM OF FDCPA VIOLATIONS!! A debt collector can not call you and threaten you with criminal action! This is against the law and you can and should sue that company for breaking the law!! Check your recording laws in your state and start recording the calls and keeping the messages. File a complant with your Attny General, FTC and BBB and take them to court. They can pay YOU up to 1000.00 in fees because THEY are breaking the law. Do NOT hang up on them, stop being a victim and take a stand against crooked debt collectors. I was a debt collector for 15 years and as long as YOU let them do this to you they will continue to do this to everyone. There was a great NBC Dateline special about this. Same thing.. calling and protending that criminal charges will be placed... well the company got sued, shut down and the owner went to jail. If you need anymore info please look up FDCPA law violations via google.


lrhall41

Submitted by on Wed, 01/20/2010 - 13:50

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Quote:

Originally Posted by Anonymous
Please STOP BEING A VICTIM OF FDCPA VIOLATIONS!! A debt collector can not call you and threaten you with criminal action! This is against the law and you can and should sue that company for breaking the law!! Check your recording laws in your state and start recording the calls and keeping the messages. File a complant with your Attny General, FTC and BBB and take them to court. They can pay YOU up to 1000.00 in fees because THEY are breaking the law. Do NOT hang up on them, stop being a victim and take a stand against crooked debt collectors. I was a debt collector for 15 years and as long as YOU let them do this to you they will continue to do this to everyone. There was a great NBC Dateline special about this. Same thing.. calling and protending that criminal charges will be placed... well the company got sued, shut down and the owner went to jail. If you need anymore info please look up FDCPA law violations via google.


You are exactly correct, but most of the complaints are about illegal collection agencys that are next to impossible to trace.


lrhall41

Submitted by PDLOwner on Thu, 01/21/2010 - 22:17

( Posts: 1049 | Credits: )


^^ that is true.. i had filed police reports for companies harassing me at work (mostly to satisfy my supervisors who were upset at these phone calls coming in for me..)
the cops said the same thing.. nobody will trace these companies for you.. if they spoof their caller id, etc. than all you can do is file complaints.
i still urge everyone to file these complaints, because there is always hope that they might make a difference one day.


lrhall41

Submitted by bea2ls on Thu, 01/21/2010 - 22:55

( Posts: 3840 | Credits: )