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FDCPA...do they have to follow it? Need advice...gonna sue

Date: Tue, 03/14/2006 - 19:28

Submitted by beatlemyn02
on Tue, 03/14/2006 - 19:28

Posts: 79 Credits: [Donate]

Total Replies: 54

FDCPA...do they have to follow it? Need advice...gonna sue


OK...I am a former debt collector, so I know the domestic laws here pretty well.

I have 6 outstanding payday loans. So far, only two of the companies have been really harrassing me.

Check this out: Mypaydayloan.com has an operations center in Salt Lake City, however, they claim to operate under the laws of Costa Rica. It is my understanding that even if they are operating outside of the United States, that they are still required to abide by the fdcpa, since they are doing business in this country? They have called my home and left very detailed messages, stating that my account has been in their collections department, that I am accruing additional fees, etc. All of this is extremely illegal, as leaving messages on a machine qualifies as third party disclosure.

...and GET THIS. They sent me a letter, which in their address said "Collections Dept" in Salt Lake City Utah. That is also third party disclosure. You know that the letter said??? In HUGE font, it simply said..."WHEN?"

What the hell is that about?

No mini-miranda, which is also a violation.

Quikpayday.com also sent me a letter with no mini-miranda, and it is threatening suit, which from what I understand...they cannot sue me. I don't know if a civil suit would hold up or not, because it falls under the post dated check law. At any rate, no mini-miranda is illegal.

I finally had to BLOCK their email addresses because they were sending me 20-30 emails a day (mypayday.) First, they were just menacing, and then they resorted to sending emails that said, "You have a Hallmark E-Card from Janelle."

I blocked the domain names so they would quit polluting my email.

I really need some advice on this. Will an attorney take this case, on the basis of harrassment?


Quote:

Ari, you wrote that your location is Pensacola, FL. I am scratching my head as to where your tan is in your picture. You appear to be like something Kid Rock would have dated before he made money.



Settle up, you humour me. Did it ever cross your mind that the picture of me to the left was taken while I still lived up north in Massachusetts? And I would never date a chauvinist in the realm of Kid Rock, not that he's a bad guy, but my standards are higher. My husband is a helicopter pilot, tall and handsome with pale blond hair and big blue eyes and a mesmerising Danish accent. Since you brought up the topic of appearances. what kind of shriveled toad do you look like? Just curious. Since you also brought up the idea of dating, let me reiterate my advice; Get bent!

Tootles! Loser!


lrhall41

Submitted by Jedi Mistress Ari on Tue, 04/18/2006 - 16:01

( Posts: 2192 | Credits: )


HI! I am new. I have a question. My husband had a loan on a vehicle. We refinanced and thought the loan was paid in full (we had received a lien release). Then 3 years later we learn there is a balance owed. A guy from the collection department of the bank (Wells Fargo Auto) started harrassing us. He would call and say they were suing my husband for fraud. He would say he missed his court date. Then he threatened to get the employer involved. Well that is when our real problems arose. He started calling up to 6 times a day. He was told my husband drove a truck and didnt actually work in the office so they could only give messages. He wouldnt leave a name or a number. He started harrassing the secretary telling her he was the police. He later was tranfered to my boss who got angry and told him NOT to call anymore. The guy asked my boss if he was "fu****g me"!!!! The next day he called again and this time my boss pretended to be me and found out he was from Wells Fargo and he was looking for the car.

Is there any recourse I can take? I havent gotten a written notice as to the balance owed! I would like to take care of it but have no address to mail the funds. HELP!!


lrhall41

Submitted by anonymous on Fri, 09/08/2006 - 09:54

( Posts: 202330 | Credits: )