I also had taken out a pay day loan with a company called Allied Cash Advance. My work became slow and it was all I could do just to keep the lights on, so I was unable to pay back the pay day loan when it came due. The loan company kept trying to get the money from the account I had written the check on. Of course there wasn't enough in there so my bank charged me for NSF fees.
This kept going on and ran my account into the 100's for NSF fees so I closed the account so I could try and get on my feet in order to able to pay back this loan. Within a week after closing this account I received a call from a Ms. Rose from Legal Mediation Practice telling me that this was a courtesy call to allow me to pay back the pay day loan that I had taken out and if I didn't pay them all of it today then they would be filing fraud charges against me for writting a check on a closed account.
The account was not closed when I wrote it in good faith. They also threatened to notifiy my employer and that they would have me arrested. I told them that I could not pay all the amount today, so Ms. Rose said I could pay 1/2 by noon the next day or they would begin filing fraud charges against me.
After I agreed to pay 1/2 they told me that my only options where on a credit or debit card or with Moneygram or Western Union and that I would have to pay them fees for accepting my payment. I stated that I did not want to have to pay them any fees and asked for an address to send them a money order. I then had to speak to a supervisor named Mr. Miller. He was extemely rude and harassing. Told me I had to pay them fees and if I didn't do it the way they told me I could pay then he would mark this account as refused and would be contacting my employer to begin collection actions against me. He then hung up on me.
So I called ms. Rose back and was basically forced into giving them a 1 time use of my Visa to pay the 1/2 as agreed. They made me fax them a statement saying it was a 1 time use. They still charged me fees to accept my payment and tried to get me to agree to pay the bal.in 10 days after we had made an agreement to pay it in 2 weeks.
After the 2 weeks I received anothr call from Ms. Rose stating that I had to pay her the bal. Or else. Again I asked for the address and was refused so I did not agree to make anothr payment until they sent me something in writting.
Well, today I look at my bank account on line and they have taken the bal. Plus fees out of my account without my permission to do so. I notified my bank of this and they can only investigate it if this company takes the funds, it's pending now. So I have placed a call to Ms. Rose, which went to her voice mail. I'm sure I will not be receiving a call back.
I've done some research and have found out that what they are doing is illegal. It is against the FDCPA. They can not threaten you. They can not talk to anyone but you about any debt. They can not tell your employer that you owe money. They can not tell you that they can take your wages or house or have you arrested. They can't even sue you! Only the original debtor can sue you in civil court - not criminal court-you can not be arrested for owing a debt!
Protect yourself and your money from the preditor collectors! You do Not owe the collection company only the original debtor! Do not give them any information about yourself, Don't even admit that you owe a debt. Ask them to mail all information that they have regarding the Alleged debt. Be sure to say alleged! If they refuse Hand up! Youd do not have to talk to them. If they keep calling tell them, then write them that they are no longer to contact you by phone only in writing. If they don't stop - YOU CAN SUE THEM!!! If they make threats or deception you can sue them.
Using threats, pretenting to be lawyers or law firms, forcing you to pay more than the original debt is against the law! Remeber no one can take legal action against you but the original debtor and a real lawyer would contact you in writing and there would have to be a court date and appearance set and a judgement made against you before anyone can make you pay a debt. I'm not saying don't pay your debts - I'm saying make sure you are paying them to the right people that are owed. I am in the prosess of contacting my Attny General and the FTC about Legal Mediation Practice and their illegal collection actions against me. I'm suing them!
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