• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Payday Loans collectors being bully

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mmilline

Junior Member
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.
 


racer72

Senior Member
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.
 

Knowalot

Member
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.
 

racer72

Senior Member
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.
 

JETX

Senior Member
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.
 

Knowalot

Member
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.
 

Knowalot

Member
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.
 

Country Living

Senior Member
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?
 

TigerD

Senior Member
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
 

acmb05

Senior Member
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.
 
You are wrong.

Figure it out and then come back.

DC
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?
 

JETX

Senior Member
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.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top