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Defaul on Online Pdl

Date: Tue, 07/14/2009 - 19:39

Submitted by lisalozano
on Tue, 07/14/2009 - 19:39

Posts: Credits: [Donate]

Total Replies: 6

Defaul on Online Pdl


I am a newbee....I defaulted on a pdl CashNetUsa and now I am getting calls from Legal Department of Common wealth, at work I have asked them to stop calling me at work and before 8am MST, since they call at 7am.

Well today, they called my referance (boyfriend) and told him that there was a civil suit and his name was on it also, felony charges are going to fill againt me and I was really deep. I wish we had record the conversation. I called the number they gave them and let them know that they were violating the Debt collection practice act and he said they do not have to follow it and then he put me on hold and got his supervisor. the supervisor told me that I had commiteed FRAUD and stole money from a bank. I was so upset I did not know what to say anymore...what can I do.

I am in Texas. Please help what do I do...I dnt want to go to jail.


Boy, CashNetUSA is really getting harsh aren't they! The FDCPA doesn't apply to the original creditor, only collection agencies. CashNetUSA is operating as CSO's in Texas (Credit Service Organization), therefore the payday lender laws do not apply to them.

Basically, a CSO or Credit Services Organization is defined by the Texas Credit Services Organization Act (Section 393 of the Texas Finance Code) as an entity or person that provides one of the following services:

*Improving a consumer's credit history or rating
*Obtaining an extension of consumer credit for the consumer
*Providing advice or assistance to a consumer regarding the previous two services

Please bear in mind the CSO or Credit Services Organization model (unfortunately) IS NO LICENSING required by the state! CSO's are required to "Register" with the Secretary of State, they are NOT licensed, and their fees ARE NOT REGULATED.

You really need to contact them and make some type of payment arrangements with them or they WILL sue you.


lrhall41

Submitted by Shazzers on Tue, 07/14/2009 - 20:25

( Posts: 17344 | Credits: )


They are probably collecting for CashNetUSA unless cashnet sold the debt to them. If this is a collection agency, they have 5 days after their first initial contact with you to send you a dunning letter via USPS at which time you can request debt validation. That is a federal law and if they are a legit CA they will already know this. Next time they call remind them of the federal law (FDCPA). Click the link below to read about the dunning letter.
http://www.expertlaw.com/library/consumer/fair_debt_collection.html#6

You might also want to consider contacting a Fair Debt consumer attorney, click the link below to locate one in your area.
http://www.fairdebtforconsumers.com/


lrhall41

Submitted by Shazzers on Tue, 07/14/2009 - 21:04

( Posts: 17344 | Credits: )


For anyone dealing with Cash Net USA, this might be a handy advice. First of all they do not follow legal practice in terms of collecting money. Avoid giving your credit card number with CVV information as you may be willing to make payment arrangements of $1000 and they may end up charging you $5000. They only have few operation centers in USA however the one which operated in India is worst of the lot. They hardly care if you speak of FDCPA law. They are rude and if you call them more than once then they will complain as to why you call them so often.....weird? ehh.


lrhall41

Submitted by profitresidual on Thu, 07/16/2009 - 15:51

( Posts: 9 | Credits: )


In 2005 I took out a pdl over the internet. On Wednesday I received a call from Nelson, Hirsch and Associates and they told me they were going to take me to court for fraud. What can I do?


lrhall41

Submitted by celinda_abney on Sat, 07/25/2009 - 15:05

( Posts: 2 | Credits: )


They cannot take you to court for fraud. This is not a criminal offence. You should receive a dunning letter sent within five days of the first call. When you receive it, send a debt validation letter CMRRR. They are rquired to stop collection activity until they validate the debt. If they validate, then you need to try to negotiate a settlement with them.


lrhall41

Submitted by southernapostolic on Sat, 07/25/2009 - 18:44

( Posts: 302 | Credits: )