What to do next?

Cash net USA might give you a paid in full. The others are probably going to ignore you letter and start calling you with threats. Just remeber that they can't "have you arrested" or garnish your wages. Make sure you send a letter revoking any wage assignment agreement you may have made. This is voluntary and can be revoked. They cannot garnish in Florida if you claim head of household status. If you search this site by typing their names above you will get lots of info on how you can expect them to behave.

Does anyone one have an email for the Attorney General for Florida and whoever else I can contact to complain?

You can go to http://www.myfloridalegal.com/ and there are links to the complaint forms and stuff. That is the website for the Florida Attorney General's office.

I have had issues with this ARM of Florida. Do I need to file compliants with the AG of Florida then? As I have filed compliants with my state.

You should file with the Florida Division of Financial Services @ www.fldfs.com They are the regulators for the Payday loan industry. If you are in the Orlando/ Tampa vicinity the managers name is Sam Whited for the Payday loan industry. The CEO is Alex Sink and I have heard that she is very interested in the companies that are not licensed. There was a case won in the Florida Supreme Court a few years back by a woman named Wendy Betts who was tired of all the interest so she sued a bunch of them and won. You can google her name.

But, I am in Wisconsin. Will that work for me?

Yes, many here are from other states and have filed complaints with Attorney General's in the companie's home state.

Sorry I thought I was replying to the Florida person who started this. Pinkdoodles. I though I would be after Goudahs last post. Thats confusing!

The Florida website is so confusing to send compliants to. Oh my god! I am freaking out! I have paid these people!

ARM is Accounts Receivable Management. Have you sent them a cease and desist letter and a validation letter? The were collectting for MTE on me. I sent a letter and never heard another word. It has been two months.

Yes, I sent the letter last night.

Hopefully they will shut up after they get it.

I also went onto the website and found it very confusing, what to do next?

What cease and desist letter and validation letter are we talking about and how can I get one!!

pink doodles,
this is what I sent ARM last night:

Quote:

Gotcha I don't need obne of those yet but I might. Thanks!!

Frogpatch,
What if they don't shut up? What am I to do then?

Well, I tracked my certified letter with the USPS website, and it says that ARM excepted my letter. What happens now?

go to the side bar and click on "do it yourself." Then on the link that says "sample letters."

Well, I tracked my certified letter with the USPS website, and it says that ARM excepted my letter. What happens now?

Nothing. Just wait them out. You will probably never hear from them again. Go to www.budhibbs.com and click on "agencies to avoid" and the "Accounts Receivable Management'. You will read all about how they operate.

Never mind they are not there. I had them confused with afni. Sorry!

So, they won't contact me again? When I asked my state DFI officer who is helping me with this, this was the conversation:

Thanks for getting back to me. I did send the collection agency a debt validation letter so that they could show me what I legally owe them, if anything, and how they legally calculated the debt and interest, as the collection agency said that I had 30 days to validate the debt. If this collection agency doesn't respond to the letter within 30 days, as I have been informed showing me what I legally owe them, am I still obligated to pay it? If they don't get back to me at all, is the matter then null and void? I'm just trying to understand my rights and make sure I don't get sued.


He said this:

The 30 days to dispute a debt only applies to the customer who is disputing the debt. There is no time limit for the collection agency to respond. With any collection dispute, if the collection agency can prove that the debt is valid, you can be held liable for the balance. If a collection agency does not respond to your dispute, they can not collect the debt. The debt is generally returned to the original creditor at that time.

So, why don't they respond back, because this debt is not valid? I am so confused, and scared. I don't want to have this hang over my head forever!

Also, if they give the original debt back to MTE, they said that I have met the terms of the loan on their end, and, I have it in writing, and I can't be held liable for the balance. So, is this matter done then? Do they report me to the credit agencies and serve me papers?

ARM might make a feeble attempt to validate. They are trying to collect a debt that, according to your last post, met the terms of the loan. If you met the terms of the loan they can't validate the debt because you have it in writing. I would not worry about this one, you can't lose. I would forget about it and move on. If they send you anything just send them what you have in writing.

Well, this is what MTE said to the BBB about my loan, and the argument:
We believe all the terms and conditions of this loan have been met on our end, unfortunately debtfreein08 defaulted on her loan agreement and refused to repay her debt. Her account has been referred to an outside collection agency for handling. We no longer have any control over the account.

So, they are saying that I met all of the terms, correct?

No, they are saying you failed to meet the terms of your agreement and now you are with an outside collection agency which is going to pursue collection activities.

In a very weird way, yes that is what it sounds like to me. I would not worry about this one. It is non collectable. No one can collect on a debt that is not only invalid and illegal but also paid in full to the original creditor.

It is wording that can be taken another way when you think about it. Like they are saying they met there own terms. I still would not worry about it. It is impossible for them to collect it unless you hand over the money voluntarily which you won't.

Okay, well, I'm not sure what to do. But, I'm going to see if I get anything from ARM. My state DFI says that it may be returned to the orginal creditor. But, this was the response to the 2nd attempt:



So, they say right there that they consider the terms met, yes?

okay, thanks frogpatch, I posted this last post before I read the last one you wrote.

Like they said when I lived in Jersey, Fuhgetabouuut it!

So I finally got a call from someone at Cash Net USA, the lady was very nice. I told her my situation and asked her if they had recieved the many letters that I had sent them, she double checked and said yes that there was a notation regarding my account and the letters. I also told her that after doing some research that I had discovered that I had overpaid according to my state's lending laws. She said that she would review the account and have a manager look into it. She was very pleasant to deal with. Keeping my fingers crossed!! Also I have noticed that on their website they state that they are a member of the CSFA, so I went onto cfsa.net to see who they were and I found out that if in fact Cash Net USA is indeed a member they have been doing business illegally in the state of Florida (or at least in my case). The CFSA has regulations for their members. One being that in order to lend to someone they must be licensed in the state where that person lives as well as follow the lending laws in that state. Now I've heard that Cash Net USA is licensed everywhere however in my case Florida does not allow rollovers and there has to be a 24 hour cooling off period before another loan can be issued along with the interest only being 10% for every 100.00 dollars and Cash Net USA has been doing rollovers (4 to be exact) and according to my calculations on a 300.00 loan I've paid them 345.00, which would be just a little more than the allowable for my state, however they were trying to get their last payment (the one after the 4 rollovers) of 200.00. That is definitely not going to happen, I do not owe them anymore and I will make sure that if they come back with a settlement offer to mention what I found on the CFSA website especially if they are indeed members. Just thought I would share, possibly some good news!!

According to what I have read from another member Cashnetusa Rents the license of Pawn shops and Storefronts and that is how they are licensed. If this is legal in Florida and if they are even renting a license here I am not sure. They are easy to deal with and much more professional that htere conpetition and also seem to have a very high hit rate on the internet. I see more people everyday that have loans with them. When I was getting into this mess a lender told me he could not lend in Florida because he was not licensed there. He suggested I call CasNetUsa. What does that tell you? A. They need to be licensed and B. Cashnet is licensed somehow.

So technically cashnet usa isn't the lender for FL consumers . . . . That's probably how they get around it.

According to my paperwork the company listed is Cash America Net of Florida however their address is in Ohio and Chicago and so far I have been unable to find them being licensed in Florida as well, so I really don't know what to do now. I'll have to keep looking in the contract and see if there are other names listed maybe.

So, ARM has not sent me anything yet. Are they going to put a negative mark on my credit report?