Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-30-2009, 09:33 AM
Junior Member
 
Join Date: Oct 2009
Posts: 1

Payday Loans collectors being bully


What is the name of your state (only U.S. law)? Washington, DC
I have paid a $200 payday loan back to the tune of $300 but the collector is still harrassing me for another $100. He has called my friends and co-workers slandering me and cursing them out threatning that they will be sued if I didn't pay.
  #2  
Old 10-30-2009, 10:53 AM
Senior Member
 
Join Date: Jan 2001
Posts: 12,064
The only part that is important is the contract you signed, without reading it there is no way to tell if you have completed your legal obligations or not.
__________________
If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

No private messages, I do not reply to them.
  #3  
Old 10-31-2009, 01:57 AM
Junior Member
 
Join Date: Oct 2009
Posts: 16
What the debt collector is doing is illegal. Keep a record of all calls and contacts. taking pictures of incoming call logs, etc. Search the internet for law firms who practice law under the FDCPA and contact one. The FDCPA is a Federal law which regulates how debt collectors can collect, hours they can call, how often they can call without it being harassment, what they can say, and monetarily punishes them for wrongdoing. The attorneys will stop the harassment and do it for no fee to you. You might even be compensated $1,000 or more depending on the state you live in. Good luck. No one should have to put up with what this collector is doing to you.
  #4  
Old 10-31-2009, 07:01 AM
Senior Member
 
Join Date: Jan 2001
Posts: 12,064
Quote:
Originally Posted by Knowalot View Post
What the debt collector is doing is illegal. Keep a record of all calls and contacts. taking pictures of incoming call logs, etc. Search the internet for law firms who practice law under the FDCPA and contact one. The FDCPA is a Federal law which regulates how debt collectors can collect, hours they can call, how often they can call without it being harassment, what they can say, and monetarily punishes them for wrongdoing. The attorneys will stop the harassment and do it for no fee to you. You might even be compensated $1,000 or more depending on the state you live in. Good luck. No one should have to put up with what this collector is doing to you.
Unfortunately for the OP, absolutely none of the above applies to the OP's situtation. Perhaps you should do a little more research before showing your ignorance.
1. If the contract says the OP owes the money, he owes the money.
2. The FDCPA does not apply to original creditors.
3. Without reading the contract signed by the OP, you don't have a clue if he owes the money or not. 100% or more interest rates are not unusual when it comes to payday loans.

OP, pay the money you owe, that is the easiest way to stop the calls.
__________________
If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

No private messages, I do not reply to them.
  #5  
Old 10-31-2009, 08:11 AM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,512
Quote:
Originally Posted by Knowalot View Post
What the debt collector is doing is illegal. Keep a record of all calls and contacts. taking pictures of incoming call logs, etc. Search the internet for law firms who practice law under the FDCPA and contact one. The FDCPA is a Federal law which regulates how debt collectors can collect, hours they can call, how often they can call without it being harassment, what they can say, and monetarily punishes them for wrongdoing. The attorneys will stop the harassment and do it for no fee to you. You might even be compensated $1,000 or more depending on the state you live in. Good luck. No one should have to put up with what this collector is doing to you.
Of course, that is 110% CRAP!!!
Ignore this idiot as he/she clearly is legally ignorant.


The FDCPA only applies to THIRD party collectors. This issue is with the original creditor meaning the FDCPA does not apply.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #6  
Old 10-31-2009, 11:14 AM
Junior Member
 
Join Date: Oct 2009
Posts: 16
Wrong. It matters not if a debt is owed as to how the debt collector can proceed to collect. The FDCPA provides legal means to stop collectors from illegal practices such as calling neighbors and friends, SWEARING at anyone, etc. Read it. It has absoluteluy nothing to do with whether a debt is owed or not or whether it is a first party creditor. Nothing. Filing a complaint under the FDCPA does not usually invalidate the debt owed but it does stop debt collectors from using illegal practices to collect. Axtually, if the debt collection practices have been too abusive it actually can invalidate the debt.
  #7  
Old 10-31-2009, 11:17 AM
Junior Member
 
Join Date: Oct 2009
Posts: 16
My point exactly. Yes, they might charge 100% interest. A court judgment will stop that interest rate from the date of that judgment and impose whatever interest rate is legal in that state, probably 10%. Please people, don't let debt collectors use illegal means.
  #8  
Old 10-31-2009, 11:21 AM
Senior Member
 
Join Date: Feb 2006
Location: Deep East Texas
Posts: 1,247
Quote:
Originally Posted by mmilline View Post
What is the name of your state (only U.S. law)? Washington, DC
I have paid a $200 payday loan back to the tune of $300 but the collector is still harrassing me for another $100. He has called my friends and co-workers slandering me and cursing them out threatning that they will be sued if I didn't pay.
Who is contacting you? The people from whom you borrowed the money or a third party debt collector?
__________________
Quote:
Originally Posted by dolly09 View Post
Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.

Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation."
  #9  
Old 10-31-2009, 01:35 PM
Senior Member
 
Join Date: Jul 2005
Location: Missouri
Posts: 3,803
Quote:
Originally Posted by Knowalot View Post
Wrong. It matters not if a debt is owed as to how the debt collector can proceed to collect. The FDCPA provides legal means to stop collectors from illegal practices such as calling neighbors and friends, SWEARING at anyone, etc. Read it. It has absoluteluy nothing to do with whether a debt is owed or not or whether it is a first party creditor. Nothing. Filing a complaint under the FDCPA does not usually invalidate the debt owed but it does stop debt collectors from using illegal practices to collect. Axtually, if the debt collection practices have been too abusive it actually can invalidate the debt.
Okay knownothing. Stop giving false information. In fact, go away and read the FDCPA. You are wrong and are either intentionally lying to people in order to cause them harm or you are too stupid to comprehend clear English.

The FDCPA only applies to third party collectors. Period.

DC
__________________
Three books every person should read cover to cover at least once: The Richest Man in Babylon, The Complete Works of Shakespeare and the King James Bible. -- If you can't learn how to live a happy successful life from those books, you are beyond hope.

Quote:
OP needs counseling...not a court house. --Zigner
  #10  
Old 10-31-2009, 02:18 PM
Senior Member
 
Join Date: Oct 2005
Location: Tennessee
Posts: 3,783
Send a message via Yahoo to acmb05
Quote:
Originally Posted by Knowalot View Post
My point exactly. Yes, they might charge 100% interest. A court judgment will stop that interest rate from the date of that judgment and impose whatever interest rate is legal in that state, probably 10%. Please people, don't let debt collectors use illegal means.
More than likely this will never see a court room.
__________________
Quote:
Originally Posted by acmb05 View Post
Rex Harrison (Higgins): : The question is not whether I've treated you rudely but whether you've ever heard me treat anyone else better..
  #11  
Old 11-04-2009, 04:23 PM
Member
 
Join Date: Sep 2009
Posts: 51
Quote:
Originally Posted by debtcollector` View Post
The FDCPA only applies to third party collectors. Period.

DC
Check me on this, but I think in Washington D.C. original creditors have to comply with FDCPA with the exception of the disclosure provisions.

I could be wrong, but worth checking....
  #12  
Old 11-04-2009, 08:54 PM
Senior Member
 
Join Date: Jul 2005
Location: Missouri
Posts: 3,803
Quote:
Originally Posted by ElvinMelvin View Post
I could be wrong, but worth checking....
You are wrong.

Figure it out and then come back.

DC
__________________
Three books every person should read cover to cover at least once: The Richest Man in Babylon, The Complete Works of Shakespeare and the King James Bible. -- If you can't learn how to live a happy successful life from those books, you are beyond hope.

Quote:
OP needs counseling...not a court house. --Zigner
  #13  
Old 11-05-2009, 10:05 AM
Member
 
Join Date: Sep 2009
Posts: 51
Quote:
Originally Posted by debtcollector` View Post
You are wrong.

Figure it out and then come back.

DC
Quote:
District of Columbia Fair Debt Collection Practices Act § 28-3814. Debt collection.

(b) As used in this section, the term --

3) "debt collector" means any person engaging directly or indirectly in debt collection, and includes any person who sells or offers to sell forms represented to be a collection system, device, or scheme intended or calculated to be used to collect claims.
Does not "any person" include the first party creditor?
  #14  
Old 11-05-2009, 11:52 AM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,512
Quote:
Originally Posted by ElvinMelvin View Post
Does not "any person" include the first party creditor?
Okay, lets try this again.... the FDPCA, as used by everyone, is a FEDERAL law called the 'Fair Debt Collection Practices Act', more accurately referred to as 15 U.S.C. §§ 1692-1692p.
It ONLY applies to third party debt collectors and NOT to the original creditor.

What you are now confused about and trying to claim applies, is NOT the federal law, nor is it called the 'FDCPA' as you claim. It is a DC Code that applies to consumer protection.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:52 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.