Well, I am one of those unfortunate souls that got a loan from Cashcall. I sorta knew what I was getting into when I got the loan, so no sense in feeling sorry for me on that front. I ran into some serious financial problems recently and am unable to make the monthly payments at this time. That brings us to the collections process.
This company, even though I call them regularly and keep them updated on my situation as I dont want to default on the loan I simply dont have the money to make the payments right now, started calling me at home and on my cell phone up to 6 times per day.
This was bad enough, but then when they call they are personally insulting, overly aggressive even going so far as to threaten to send someone to my home. That I could not tolerate and its illegal. I have communicated to them that the money would not be in the account for them to debit, they had agreed not to debit the account and then proceeded to hit it 8 more times in one month costing me about $300 in bank fees. Finally I closed the account so that cant happen anymore. These guys are just plain semi-legal loan sharks.
Now, I am still in this position and tired of the abuse. I have other creditors calling me as well, not a single one of which behaves as totally unproffesionaly as Cashcall. I found it needed to get myself a telephone recorder so that I can record thier calls and turn the tapes over to the proper authorities to investigate.
I HIGHLY suggest that if you are dealing with Cashcall on a collections basis you get a phone recorder as well. If you cant afford one, tell them they are being recorded even if your not actually doing it. Here is why.
These guys are like cockroaches, shine a little light on them in the form of recording thier calls and they scurry for the dark. They will refuse to speak to you while being recorded and the calls will come back in line with what is legal, down to one a day or even less in my case. Great benefit if you ask me!
Now, when they do call you just tell them that you are recording the calls. They have usually told me that they did not give thier permission to record the calls, tell me that the tape is useless since they didnt give permission and terminate the call right then and there. Sometimes the person on the other end doesnt care and still makes an ass of himself, I love that!
You see, Cashcall tries to hide under the umbrella of California communications law which requires permission of both parties on the call to consent to the recording as well as notification of the phone company that calls are being recorded. For those of you that live in California you will have to play by these rules. FOr those of us that dont live in California, we get to choose between which rules we wish to participate in.
I live in Nevada which is a single consent state, I dont have to have consent of the other party to record the calls. For those of you that live in other states, you fall under your states particular laws OR Federal Intersate commerce laws which also only require a single consent.
You may find that the federal law works best for you in this situation since the collection calls originate in California but the business is being conducted in another state (wherever you live) thereby crossing state lines and becoming interstate commerce. Lovely huh?
They absolutely dont want to be recorded. Now I ask you, if you are conducting completely above board business in a professional manner, why would you object to having the calls recorded? That all by itself is a little incriminating for cashcall.
The point of all this? Its simple. These guys are crooks and shady at best. If you give them enough rope, they WILL hang themselves. Consider a phone recorder as the rope and everything they say as them tightening the noose around thier own necks. You do owe the debt, but can absolutely hold them accountable for how they behave while servicing and collecting the debt. You can also greatly reduce the harrassment and quantity of collection calls by simply stating when they call "I am recording this conversation". Just because we owe some money doesnt give anyone the right to be abusive.
If you actually do record the calls, and they behave in an illegal way, send those tapes to your Attorney General's Office. That is what will get these people put out of business as they should be, and you may find yourself the benefactor of having the loan remedied as well as collecting a little more from these slime if you sue them and win. Winning is totally possible against them!
I wish you all luck when dealing with these guys, its not easy. To make it easier, hold them accountable by recording the calls. You will be amazed how the people that spew nasty stuff and threaten you will become oh so nice when they realize everything they say is being documented.
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