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  1. #1
    KB71 is offline Junior Member
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    Unhappy Payday loans 4+ years later?

    What is the name of your state (only U.S. law)?
    PENNSYLVANIA

    Hello,
    Today, I received a phone call on my cell phone as ( 0000 ) Weird. So i declined the call. The # calls me again..So i answer.
    It is a man who is indian on the other line telling me he is an officer (not a police officer i later find out, but an officer title in his office building) and told me there is a legal matter against me ( i dont remember his exact wording) b/c I took out a loan with a company and never paid it back. But because I never did pay it back, That justifies as stealing.
    He verified info with me but could not tell me where the original loan was from OR how much the loan was for. He then proceeded to tell me that he would send officers to my home on Friday to take me to the court house to resolve this and that court fees will amount to $8,400. !!!!!
    I admit, i got a little defensive at first, I didn't curse or get rude, but i Was very hesitant b/c i was afraid this was a scam.
    [ HOWEVER, a few years back in 2004/2005, i was 18 years old and I came across a payday loan sites that automatically sends money ($200-$300) into your account and they with drawl the money when its time to pay it back.
    Sounds Awesome, right!? It sure did to me!
    I never read the terms all the way and even though i had the money in the account for it to be taken out, I didn't have the Fees that they charged on top of it. They tried taking from my account many times and it would keep Bouncing back. My bank charged me EVERYTIME... i believe it was close to a $1000 in charges. So instead of paying the loan, I paid the bank fees back and closed the bank account. VERY dumb of me, i know, not to pay for the money i borrowed and the interest. ]
    I went on to my credit report as i was on the phone with him and did not see this loan on there and told him that. It was not on there. He told me that i would be under a different name b/c loans are sold to different companies. There was nothing on there that had anything to do with loans or payday loans.

    If i can remember correctly, The loan was no more than $300. The officer tells me that I owe $935. Then i says he will allow me to pay $700. After
    'talking' to the attorneys (he had me on hold) He brought the fee down to $500. I told him i did not have the money before Christmas. Being honest, i told him i didn't remember this specific loan AND that i didn't have the money right now AND i did not need officers coming to my house to take me to a courthouse in front of my kids. I won't lie, i started crying at the thought of it and I have never been in trouble like this before.
    He felt bad, told me to stop crying and that he promised not to send anyone to my house. Also said he would put my account on hold and that I could call him when I had the money. I didn't want to get scammed and that told him i knew he was just doing his job.
    He suddenly turned nice...

    My question is...Can they really come to your house?

    And can they come after you after 4+ years?

    If he could tell me the exact company and amount that was borrowed, i would be glad to pay it back. I was a dumb 18year old..now Married and stay at home with my 2 children. Own a house and don't want something negative like this against me.
  2. #2
    Some Random Guy is offline Senior Member
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    My question is...Can they really come to your house?
    Anyone can come you your house, knock on your door and politely ask you to pay your debts. You can feel free to not answer the door or tell them to send a letter next time. You are not required to let them in or accompany them to the courthouse.

    And can they come after you after 4+ years?
    The statute of limitations for written contracts in PA is 6 years. So yes, they can come after you for this. If you refuse to pay, then their recourse is to sue you.

    i did not need officers coming to my house to take me to a courthouse in front of my kids.
    The mere fact that he would hint at being a police officer or that he had the authority to drag you out of your home shows that you are dealing with a dishonest individual. Do not trust them. Do not give them your bank account number for an electronic withdrawl.

    If you do decide to pay back your loan, then make sure that you get confirmation in writing from the debt collector that your payment will pay off the debt in full.
  3. #3
    FlyingRon is offline Senior Member
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    Actually not only can't he do all that, threatening to do some of that is also illegal on his part. To do anything, he'd need to file a court case against you.
    You'd hear about that straightforward.

    It also appears that this debt may be beyond statute of limitations. I'd get his contact info (snail mail) and write them that you do not wish to be contacted by them further. I'd also report to the FTC what happened.

    Info here: http://www.ftc.gov/bcp/edu/pubs/cons...dit/cre18.shtm
  4. #4
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    You can send the company a notice of tresspass telling them not to enter onto your property. If they do, call the cops & have them arrested. Send notice certified mail
  5. #5
    FlyingRon is offline Senior Member
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    Quote Originally Posted by wrongsometimes View Post
    You can send the company a notice of tresspass telling them not to enter onto your property. If they do, call the cops & have them arrested. Send notice certified mail
    They're not coming. The guy is a scumbucket most likely in surburban Atlanta trying to grind out some payments through illegal intimidation.
  6. #6
    KB71 is offline Junior Member
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    I know they aren't coming and I really didn't think they would. But in the back of my mind was the thought of 'what if'.
    He gave me his full name, contact number and address at his location. Who knows if its an actual address..but hes in California. His name can't possibly be real. Its a VERY american name for an indian man.
    Every time i said " i have no idea what your talking about..." he would simple reply with a sarcastic "Mm Hmm"

    As of right now, according to him, He said he would put my account of hold and that if I did have the money to pay at any time, that I needed to call him directly and deal with him. That i shouldn't worry and no one will come to my house.

    It was quite a weird conversation of up and down emotions on both ends. I feel dumb for crying. Not that it wasn't genuine but it worked and it got him to back down. Or so i think?
  7. #7
    LeeHarveyBlotto is online now Senior Member
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    Quote Originally Posted by KB71 View Post
    His name can't possibly be real. Its a VERY american name for an indian man.
    Was it Peggy?
  8. #8
    fmccarthy is offline Member
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    Quote Originally Posted by LeeHarveyBlotto View Post
    Was it Peggy?
    CURSES, you beat me to it.
  9. #9
    KB71 is offline Junior Member
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    Red face

    haha! No, not Peggy.

    Michael.

    So, I have to ride this wave for another year or less? I'm thinking this loan may have occurred in 2005, defiantly not after that year
    I read that they try and contact you right before your account 'expires' according the state laws. And they will try and re-open your account if you admit to it so they can extend the time they have to 'come after' you.

    Which would make sense b/c my 6year mark is upon us in 2011.

    hmm....

    Thanks for the advice, everyone!
    I have another legal question, but its not for this board. If you have any knowledge in regards to car accidents and dealing with the other drivers private insurance company, Please look for my post!
  10. #10
    Some Random Guy is offline Senior Member
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    I'm thinking this loan may have occurred in 2005, defiantly not after that year
    What matters is when you last paid on the loan and when it went into default. If you make any payments on the loan now, it will restart the clock.

    The debt being outside of the statute of limitations will not prevent them from suing you. But if you do get sued, then you may be able to assert that the debt is outside of the statute of limitations. You will need to provide proof of this.

    There are other factors to consider when using the SOL as a defense. Namely, was the loan taken out in PA and have you lived in PA the entire time since then? Moving out of state may toll (pause) the clock on the SOL.
  11. #11
    KB71 is offline Junior Member
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    There was no money paid on it since it was opened. Once given the loan, they attempt to take the money + interest out of your account 2 - 4 weeks later. Not sure when it would be considered defaulted.
    I did not pay a cent yesterday when i spoke with the "officer" and certainly did not admit to the debt because he could not verify the original company the loan was through or the original amount of the loan. Also, While I was on the phone with the him, i pulled up my current credit report and it was no where on there either.

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