Multiple Returned ACH Debits

I believe no legal actions can be taken without court orders. If the company intends to take any legal actions, they will knock the court instead of threatening over the phone. And, you can't be sent to jail for not paying the debt. The company is trying to intimidate you in paying them. Do not get tensed. Hire a lawyer for dealing in this matter.

Lil Bit

Welcome to the forums! Pretty much what David has told you is true. You can't get arrested for payday loans. It's unsecured debt, basically. Do you mind sharing your experience; what company did you apply for the payday loan through, and what collection company is contacting you?

Let us know if you have any other questions.

Regards-
Mike

I received the loan from National Money Store for $225 & 56.25 finance charge. I received 2 voicemails at work this week from a company called Bergen-Boesch. When I returned the call, the lady told me that they are a company that handles multiple returned items and that I now owed $650 (for my account being debited 6 times unsuccessfully and $150 in return check fees). She said that they were going to issue 6 warrants and notify my job that an officer was coming to arrest me if I didn't pay the debt by Friday. She also said that I would have to post bond and have these misdemeanors on my record. Of course I freaked out and told her I would see what I could do by Friday. But the more I thought about it, I got confused, because before the voicemails, I hadn't heard or received anything from National Money Store asking me to pay the debt that I know I owe.

Since this forum is so informative, I decided to ask for some advice, since I didn't have an attorney that I could call.

Thanks-Lil Bit

Lil Bit

Is this with a local "walk-in" payday loan place. The problem with ACH's is that it can be ran through multiple times. Usually most payday loan companies will make 2 attempts each payday, in hopes of getting at least 1/2 of the money back. If it were an actual check, it can only be ran though twice. Have you tried contacting the original creditor and explaining your situation? Letting them know of the reasoning behind not paying back the loan, and making sure they're well aware that you're not hiding could put them at ease. They might even be willing to remove the NSF fees. Please let us know of the outcome.

Regards-
Mike

I also agree with Mikey. Most of the time, the original creditor is not aware of the harsh collection tactics used by collectors. If your debt is not sold to third party agency, you will be able to make payment arrangements with them and won't have to deal with the collectors. Chances are that the debt account is still with the original lender. I would have definitely liked to make this arrangement with the lender.

does anyone know how they are in regards to setting up a payment plan of some sort? i have a payday loan with them and wont be able to make payments anymore. also are they willing to work with T&C?

fka22,

Let your counselor handle them. Have you talked with your counselor about this payday loan company? No lenders will show interest to work with consolidation companies; it depends upon the efficiency of your counselor to get it approved. Keep us posted.

Can someone tell me more about Bergen-Boesch? She just left me 2 voicemails and told me to have my attorney contact them. I called her and she said they were going to have me arrested at my job, and charges filed in Indiana for a payday loan I did not repay. her name was Evan Webb and she said she was an attorney. If anyone has any information on these people please let me know

Bergen-Boesch
17117 Westheimer Suite 32
Houston, TX 77082

They are listed as a Collection Agency with BBB and holding unsatisfactory record. Be assured that no one can arrest you for default payday loans. If creditor wants to sue debtors, the case goes to civil court, so no one will come to arrest you.

Ask for validation. They will pretend to be attorney, tell them that they are listed as Collection Agency with BBB, so they must validate the debt. Meanwhile contact your lender to know if they can accept payment directly from you.

Also check if the lender is licensed to do business in your state or not. Keep us posted.

So you are telling me that they are falsely identifying themselves as attorneys. She refused to fax me the affidavit she said she had in her hand, and she said that would be delivered to local district attorney and he would have the sheriff deliver papers to me either at work or at my home on Friday. She said she is from Houston TX and said she is currently working with a local attorney where I live but she would not give his name. What are the chances this will ever go to civil court?

golfergirl

You have nothing to worry about. You will not be getting arrested. Most collection companies are owned by an attorney, who think they can make more money this way by threatening people and hiking up fees.

The next time you're contacted by this company, tell them you are no longer wishing to speak to them on the phone, as you're awaiting your arrest, and hang up! Your local Sherrifs office is much too busy to come out and arrest people for situations like this.

You simply let a mistake happen, and the repayment wasn't processed. If situations like arrest for bouncing a check were legal, then 1/2 the world would probably be in jail.

Chances of this going to civil court are very slim. I do however recommend that you get this paid off as soon as possible, as it can hurt your credit file.

If the treats from this company persist, make a complaint with the BBB, and the AG's office.

Regards-
Mike

I just got a call this Evan Webb also she ask me to Western Union the moeny to Bergen Boesch with she said was a person not a company (her exact words) or that they would come arrest me at my job. She said she counldn't tell me the name of the lender.

Nydia,

This is not the right process of debt collection. FTC has set certain rules for debt collectors and they should follow these rules. Otherwise they become vulnerable to punishment-

http://www.debtconsolidationcare.com/fdcpa.html

Validation is must. Collectors should always identify themselves clearly and should inform you which account they are collecting. Send them a written request for validation via certified mail with return receipt requested. Once they receive it, they cannot start collection process without validating the debt.

Does anyone have the number to Geneva Roth - I got a payday loan from them a couple of weeks ago and have now misplaced the number?

Emma, try Geneva Roth at (816) 421-7800. Hopefully, you will get someone at this number.

Do you have anything in writing from the company? If so, you might be able to locate their contact information in the contract.

Hello,

This Bergen Boesch sounds like a pain in the rear. Where did you get the loan from?
They can't put you to jail and she will probably stop harassing you once you tell them that you are reporting harassment and threat to your attorney general. The fdcpa states that collector's can't harass the debtee in trying to obtain a collection item from them...so therefore, you can bring this to court and definitely, try to record/save all the conversations and e-mails you get from this lady...

Hi, I posted the same question and a moderator answered it for me. The number is 800/351-8820. Good luck.

i also have a loan with the national money store. i would like to know can you please give me the number so i can get in touch with them asap. cause i got a call today from bergen boesch and they want me to return their call asap.

You can call them at 1-877-913-7500

The address of Bergen-Boesch is listed on the previous page.

I received a phone call from Bergen Boesch on Monday by a lady stating she was an officer by the name of Karen Peterson and only can be reached from 9 to 1. I called back and was told that I need to pay a debt from National money. I went to the bank two weeks ago and looked over my account I wasn't sure who the National Money store was so I ask the bank to do an investigation and see they did and my money was returned in two weeks. I received a phone call two day ago no mail or anything from this people stating about the money and I need to pay it back in full or there going to get the police to come to my work place and arrest me. Is that possible?

They CAN NOT arrest you.

You need to get something in writing from the company specifying the details of the debt. Be rest assured that no one will come to pick you up. Call up the company and ask them to send you the details in writing. It is necessary for them to send you the info before any further actions can be taken.

I recieved a call from Evan Webb about a loan i have outstanding with National money store. does she have the right to call my place of employment about this? can i get arrested? this is all kind of catching me off guard because i never recieved anything from national money store. now i have to come up with this money by friday. i called national money store and they said that I have to go though B & B to handle this. any advice?

Kelly

You will NOT get arrested. It is one of their tactics to scare you into paying up front.

Ask for the debt verfictation in writing. Let them know you can not pay without knowing what it is for. If they continue to threaten you with arrest, tell them to go ahead and you can wait for the officr. (I assure you you will NOT get arrested).

It is against the law for a collection agency to falsely identify themselves and also to threaten arrest. I would think they would be in deep doo-doo if they said they were a law enforcement officer. They need to send you something in writing.

I think I know of a few - did anybody get a refund from them

Something to look at:

The address that was posted in the forums for Bergen Boesch (the 17117 Westheimer address) would put them at a place that is just outside of the George Bush Park Resovoir in Houston; and last time I drove by there, it was just a couple of gas stations and and some houses. So it could be the right address, or not. However, I found another listing for Bergen Boesch in Houston, and this address would put them in an area that is full of office complexes, so I figured I'd post it just in case. Here goes:

Bergen Boesch
12702 Westhorpe Drive
Houston, TX 77077
(281) 249-3012

623-643-2996

This is the last address I have for them:

Geneva Roth
P.O. Box 148
Shawnee Misson, KS 66201
Phone: 1-800-351-8820
Fax: 1-913-825-9971

I have not heard anything from them. I faxed and mailed a letter to them, and not a word. If someone has another address or fax number, would you provide it to this forum?

God!!! this woman is a real tyrant, I am a cancer patient, my husband borrowed money from National Money Store and we didn't have money to pay it back so we had retutned ACH's and she called and made such horrible threats that you can't even imagin, threatning arrest and ruining records for not getting a job. I am not feeling well and she had me run around like crazy to borrow money from friends and family and send it western union. I am so tense because of her that I haven't slept for the last two nights. I sent her $250 but she ordered me to send another $250 by next Friday otherwise we will face horrible consequeses. I just want to get an advice from you guys, should I be brave and tell her I have reported them to Attorney General's office. Are her threats for real? I am very worried and nervous.

Farzana,
Take care of yourself!!! Your health is very important. These people are bullies..You cannot and will not be arrested..I promise you that. You only owe $250 now, there is no reason you can't make payment arrangements that you can handle. Call them..she is not the only employee there. Explain your situation...Once they understand your predicament and that you want to pay, they will be more willing to work with you.
In the meantime, please get some rest. Good luck, and you have my prayers.

Finsfan 131
Thanks a lot for your reply she got me sooo scared but now i am feeling better after your reply. My ionitial loan was $400 whci according to her is $1100 to pay back, can u imagin anyways i have sent her $250 and will only send her $150 more and that what she is getting from me. I am going to call her on monday and tell her i have filed a complaint against her company and national money store and i am going to do that for sure so that the authorities can look into this matter.
Thanks and take care

Good for you!! Don't take any of her bullying..Take care of YOU!

I too recieved a phone call from Bergen-Boecsh yesterday afternoon. She left a message on my machine stating that I or my attorney needed to contact her as soon as possible. I called her back and she told me that she was an attorney, and was calling on behalf of a crediter. She said I had 6 ACH's. I received the loan from National Money Store. I recently closed out one of my bank accounts, and they were made aware of this before it was even closed. I called them as well as emailing them, asking them not to make any transactions from my account, and to send me a bill or contact me with the current balance. When I went back and looked at the transactions made on that account, I saw that they tried to debit the account 3 times in one day, and then 2 additional times after that. But instead of contacting me, I instead get this call from this supposable attorney, Evan Webb, making threats about what would be done if this was not taken care of, and I had until July 21st before the matter was taken further.

I too received a call from Evan Webb on July 19 - however I hung up and contacted the FTC and filled out a complaint against - everyone should! I also filed a complaint with Illinois Departement of Financial & Professional Regualtions -

Good for you, guest!
I think we should all contact our state's Financial and Prof. Regulation departments. They will really listen to you and try to help..that's what they are there for.

Guys I really set her right. I called the IL Department of Finance and Professional Regulations and complained about National Money store and Bergen Boesh. First of all the lady who attended the telephone told me that they are not licenced to work in ILLINOIS. Guys from other states do check with your regulation departments too. Secondly late evening I left a very nasty message on her voice mail stating that they have been reported to Attorney General and Il Dept of Finance and professional regulations and if she dares to threaten me or leave a nasty message on my phone she will face a harrassment lawsuit and imagin I have not heard anything from them also I told her to send me the bank affidavit and the loan validation papers.
All other friends who have been threatened like this just make sure to leave a message for her she will come to her senses once and for all.

I too was contacted by "attorney" Evan Webb (not a company but a person) She frightened me at work - however, I composed myself and started to look at the FTC site - so I filed a complaint with the FTC, and also filed a complaint with the Houston BBB and the Ilinois AG office - in addition to filing a complaint against Natinal Money Store. This message board helped me so much - everyone out there - know your rights first do not send this company money.

wow - I must have hit reply too many times - sorry!

Farzana did you file a complaint against National Money Store as well? I did with the FTC - I contacted them on 4 different occasions trying to work something out - I emailed them prior to a withdrawal with new account info - and the still withdrew from a closed account - 3times and then sold it to Bergen Boesch - any one with issues with National Money Store - file a complaint with the FTC and your state department of financial & professional regulation.

Yes I did file a complaint for national money store as well. Also I am going to leave a message for Evan Webb to reimburse the money I sent them cause they are not licensed to work in Illinois. I am going to give her a real hard time as she did with me!!! I try to be and stay nice but when someone like her tries to bully me for good for nothing I can pay back in ther same coin.

Oh my gosh..I had the exact same thing, but a lady name Patricia contact me, the only thing is I paid them off. It was for $825 but because I went thru western union it came to $775. can anyone provide their number for me.

i had some people threaten me to they have 3 affidavitts and they are going to arrest me and offer for me to settle a $200 loan for 575..my bank account was blocked cause they kepted on trying to debit it i went through arrowhead investments.. the people who called said for me to get a attorney cause they were going to make a example out of me for closing my account. The so called attorney who called me number is 877-281-2224

Guest nobody is going to arrest you there are no more debtors prisions. KYSIDE38

I received a call from Bergen & Boesch to settle a $350 debt for $800. First of all I didn't know until after National Money Store put the money in that I was approved and I had several transactions go through at once. NMS tried to debit my account 8 times at $30 a piece which I have to pay my bank and now they want to tag on extra. I'm in NYS is this legal. They have threatened to come to my job to serve me and I will have a misdemeanor, HELP!

Payday loans whether they are on the internet or storefront, are illegal in NY. You need to file a complaint with your AG's office as well as the AG's office in the state which this company is located. Also follow this link to your state's payday loan laws, it will also provide a link to NYS regulator's site with whom you should also file a complaint. Block this company from your account, or you may have to close and open a new one. If your bank won't let you close it, you may have to go to another bank before it is too late and open a new accoutn and re-route your direct deposit to the new account. And if they are threatening you with arrest if you don't pay them, ignore them, that is an illegal threat they are using to try and take more money from you.

You will find the Payday loan laws for Vermont here (just select your state),
http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

question this company has taken alot of money from me in the last 4 month and I been researching this company they are bad people I closed my account my bank is helping me with this problem I need to talk to them about this I did not know the pay day loan is not accepted in vermont what can I do about that I wrote this company and they said the law dont apply to them any one have an answer.

Miranda from Bergen and Boesch called today and used the same tactics, but told me she was here to help. Her voice and tactics reminded me of the same tactics used with the Dr. Phil scams out of Texas. Then after she scared me into setting up arrangements she called back and instructed me to use the Green form for Western Union. This form is used to transfer money to any Joe Blow. The Blue form is for collections and she specifically told me to use the Green form and to make Bergen Boesch look like a name not a business. This bitch is crazy. After watching the Dr. Phil scam out of Texas and Bergen Boesch is in Houston, Texas, they can kiss the wick. I am not paying it feels like a scam to me. I do owe money, but Bergen Boesch is not getting it. I will wait for the sheriff to come and visit me and I'll have tea and hot bagles waiting for him, too.

I've been reading the posts under this thread and I can't believe the tactics this crazy ass woman is using. If you don't have an answering machine, I highly recommend some type of tape recorder. That company could be in sooooo deep. And DO NOT

Somehow I hit the button too early, LOL!

I've been reading the posts under this thread and I can't believe the tactics this crazy ass woman is using. If you don't have an answering machine, I highly recommend some type of tape recorder. That company could be in sooooo deep. And DO NOT send any money to this company. It sounds completely like a scam. I got scammed on a loan a couple months ago to the tune of $900 (supposedly collateral)....DUH, what was I thinking, never mind, I was thinking that I needed to get out of this PDL mess....didn't happen.
Anyway, they had me use the blue form and my money went to CANADA!!!!Then they called and said they needed $900 more. When I said no, they said I would get my refund (of the inital 900) in 4 weeks, NOPE!!! CAN ANYONE SAY FRAUD!!!