This complaint is regarding Zarvad III Collections DBA Mypaydayloan.com. This agency uses harassing and illegal means of attempting to collect a debt. They are non-compliant with FDCPA laws, and/or laws of the State of Texas regarding debt collection, and seem content to operate above the law. They believe they can get away with this because their home office is in Costa Rica... But they are so wrong!
I did call the agency prior to defaulting on my loan to advise them that I lost my job. Prior to losing my job, I had been making timely payments on the account. At the time the loan defaulted the agency began sending me emails. At first, they were just general letters advising the account was past due. After I failed to respond to those, Janelle began sending me emails that read, You have received a Hallmark E-Card from Janelle. I began to get these on almost a daily basis, sometimes five or six at a time. I never opened them, and at that time I decided that the harassment was to a point that the only was to deal with it was to block their domain name so I would not receive any further electronic communication. Once they were not able to reach me via the Internet, they began sending letters and making phone calls. I will deal with the letters first.
The first letter was received near the end of February. The letter is undated. The return address field, in a clear window on the envelope, clearly shows that the correspondence is from a collection agency, which is illegal. The letter did not contain a mini-miranda, ' which is also illegal. The text of the letter read simply, When? In a very large font. The second letter is dated March 18. (I believe that they are not dating the majority of their letters so they can avoided being caught sending too many letters within a thirty day time frame.) This letter also clearly stated on the envelope that the correspondence is from a collection agency, and there was no mini-miranda. This letter threatened litigation. I received the next letter a few days later, undated. It also clearly states it is being sent by a collection agency, and contains no mini-miranda. An excerpt from the letter: The good news for you is that we have given up trying to collect the debt that you owe us. The bad news for you is that discharged debt is taxable income, and we WILL (my emphasis) be reporting this to the IRSI'll assume this is what you want.
As for the phone calls... The messages give full disclosure, including that they are calling about a past due debt, and that they are calling from a collection agency. Third party disclosure is a clear violation of the FDCPA. The calls usually came from blocked or private numbers. Once they figured out that I would not answer these types of calls, I began receiving calls from a US Cellular cell phone. The party calling from this number would not leave a message. I did call the number back, and confirmed it was Jake calling from Mypaydayloan.com.
The communication from this company is extremely harassing and illegal in nature. I have filed complaints with the Texas Attorney General, The Office of Consumer Credit in Texas, and the FTC. I am looking into filing complaints with the United States Attorney General. I am also seeking a private attorney that would be willing to take this case, although that has not been accomplished at this time.
Avoid this company, and ANY internet-based payday loan agencies! They will make your life hell if you default!
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