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PDL Collections

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PostPosted: Thu Jul 03, 2008 8:00 am Subject: PDL Collections

I have just been told by Elite Financial Services that if I don't pay $405.00 today they will start proceedings on Monday. He said they would fax my employer. What does this mean?
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PostPosted: Thu Jul 03, 2008 8:24 am Subject:

Hi patti, what is the name of the PDL they are collecting for, and what state are you in? They could be planning to send a wage assignment to your employer, which means your employer would take your wages out of your check and send it directly to them, BUT, there is a way to stop this, and you should do it anyhow, send/email/fax a letter to this company revoking any and all wage assignments you may or may not have signed, then give a copy to your employer, that is all you need to do, to stop this. Act quickly, as this could be what they are talking about when they say they are faxing something to your employer. The law is clear, that you CAN revoke wage assignments at any time.
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PostPosted: Thu Jul 03, 2008 8:28 am Subject:

Fax your employer what? Third party disclosure is a violation of the FDCPA unless they have been awarded a default judgement and your state allows wage garnishment. Or, hopefully not, if you signed a voluntary wage assignment when you applied for the PDL. Likely it was an empty threat to scare you into giving them access to your checking account. Have you received a dunning letter from them yet? They have 5 days from initial contact to mail it to you. If they call again, I would answer, verify your mailing address, tell them you'll expect their letter w/in 5 days and end the call. Do not allow them to engage you in any further conversation. Once you receive the dunning, fire off a DV letter CMRRR.
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All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

The Texas Finance Code is your best friend:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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PostPosted: Thu Jul 03, 2008 8:33 am Subject:

If I'm not mistaken, Elite Financial Services is in house collections dept. for Nationwide Cash? Is that who you originally obtained your loan from? They also have many other dba's.
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PostPosted: Thu Jul 03, 2008 8:40 am Subject:

Glad you caught that Shazzers.....I initially thought Elite Recovery....nasty Buffalo, NY bottom feeder....
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Texas Residents

All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

The Texas Finance Code is your best friend:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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PostPosted: Thu Jul 03, 2008 8:42 am Subject:

Well, I could be wrong, but I'm fairly certain I read that somewhere. However, if I'm wrong, I'm sure someone else will jump in here and correct me! Very Happy
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PostPosted: Thu Jul 03, 2008 9:01 am Subject: PDL Collections

Thanks to you all for your quick response!!!! The original creditor is Data Processing Easy Loans. I got a collection notice at the end of June. I called them to try and make arrangements, but they won't deal with anything less than 1/2. Have I screwed up by even talking to them?
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PostPosted: Thu Jul 03, 2008 9:02 am Subject:

Was this loan thru the Internet, if you let me know what state you're in I could post your pdl laws, to see if they are even legal in your area. Smile
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PostPosted: Thu Jul 03, 2008 9:26 am Subject: PDL collections

Yes it was through the internet and I live in NC.
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PostPosted: Thu Jul 03, 2008 10:20 am Subject:

How about this. Very Happy

Quote:

Payday Loan Consumer Information
North Carolina State Information

Legal Status: Prohibited (N.C. Gen. Stat. § 53-281 authorizing payday loans allowed to sunset in 2001)

Citation:
The consumer finance act applies. N.C. Gen. Stat. § 53-173

Small Loan Rate Cap
36% per year

Where to Complain, Get Information:
Regulator: North Carolina Attorney General (See also Commissioner of Banks)
Address: NC Attorney General's Office 9001 Mail Service Center Raleigh NC 27699-9001
Phone: (919) 716-6400
Fax:
Regulatory Contact:


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PostPosted: Thu Jul 03, 2008 10:29 am Subject:

Is this a UK outfit?
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All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

The Texas Finance Code is your best friend:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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PostPosted: Thu Jul 03, 2008 11:16 am Subject: PDL Collections

Thanks so much!! Not to sound really stupid, but what do I do? Do I do nothing because they are illegal or do I send the wage revoking letter?
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PostPosted: Thu Jul 03, 2008 12:35 pm Subject: PDL Collections

I just faxed a letter revoking any and all wage assignments to Elite. I am also sending a copy certified mail. I also have written a letter (but haven't sent) disputing the debt. This is about 2 years old. I want to pay it, but it was only $200.00, not $405.00. Since PDL's are illegal in NC, can I pay original amount and not the interest?????
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PostPosted: Thu Jul 03, 2008 12:50 pm Subject:

You did the right thing by revoking the wage assigments. All you are obligated to pay is the principal amount, I would send them payments via money orders, wouldn't want them to get ahold of your account information. Shocked
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Ohio Payday Loan Laws
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PostPosted: Thu Jul 03, 2008 12:59 pm Subject: PDL Collections

Thanks Shazzers for all your help! I wish I had found this site several months ago!
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