Welcome!

Are you in payday loan trouble?  

This site provides information and first hand account of dealing with illegal online payday loans.  Do you know if your cash advance or payday loan is legal in your state?  This is not a debt consolidation website. The target audience is individuals who have made a personal decision not to pay beyond the principal amount of a loan or who have paid over the principal amount in loan payments and have made the personal choice to discontinue payments.  Some of the reasons may include:

 

  • You’re nearly homeless trying to maintain high interest rate and fee payments
  • The loans are illegal in your state
  • A phony bill collector is trying to practice payday loan extortion
  • You have multiple illegal loans and you’re drowning in payday loans
  • You don’t know how to get out of payday loan cycles
  • You have to make the decision between payday loan payment or eat
  • Collection agencies are harassing you with continuous calling and contacting you at work or speaking with employees at your job
  • You’re banking account is overdrawn through the roof and payments will go towards paying overdraft fees and getting your account out of a negative balance
  • The choice to take out payday loans has worsened your financial situation and you are worse off
  • You feel depressed as a result of the choice to get online payday loans
  • You question: What was I thinking when I took out all of these loans?  I must have been temporarily insane.
  • Your life has been turned upside down as a result of these online payday loans, and you want to regain your life and take control of the situation

Step by Step Instructions on How to Deal with that First Call from an Unlicensed or Fake Collection Agency

 Part One

  1.  A voice message left without name of the company mentioned is recorded message.
  2. Try to locate a name associated with the telephone number by performing a search for the number online.  Try Google, Yahoo, Bing, or any other search engine.
  3. If a name, address, website, email address is found to be associated with this number save the contact information.
  4. Search your state government website which licenses collection agencies or any business.  Try to locate the business on the government website to see if the agency is licensed in your state as a business.
  5. If unable to locate the business the company could possibly be unlicensed or a fake collection agency.  Contact your state governing agency to find out if the agency that left the voice message is required to be licensed in your state.
  6. If the collection agency is required to be licensed and is found to be unlicensed, keep this in mind when you speak with them.
  7. Call the agency back and provide any reference numbers they may have left on the voice message.
  8. Read More →

Phone Etiquette for Dealing with Harassing Collection Agencies

  1. Accept the first call.  Don’t bury your head in the sand and ignore them.  Confront the issue.  This will empower you and create less anxiety over the long run.  Remember, you are in control.  It may not feel like it, but you must tell yourself this, and over time you will believe this.  Don’t inconvenience yourself by changing your telephone number and don’t give them this power.
  2. Before they ramble off into their scripted speech have pen and paper handy and request the following before they try to control the conversation.  Request the following pieces of information:
    1. The caller’s name
    2. The name of the caller’s company
    3. Who is the original lender for the debt
    4. The physical street or mailing address for the collection company
    5. The email address for the collection company
  3. At minimum, items #2 A-D should be acquired before moving forward with the phone conversation.  The caller’s main objection is to collect money from you, and if your position is you don’t owe the debt, these pieces of information will be vital for letters and complaint reports.  If the caller refuses to provide any or all of the information then red flags should go up.
  4. If you don’t intend to pay and communicate this to the caller you may be faced with threats, yelling, scare tactics, and intimidation.
  5. Never show fear.  Stand your ground, but do so with calm, even temperament and tone.  Don’t respond with yelling, expletives, insults, sarcasm, name calling, anger, or fear.  Even if you are verbally insulted don’t increase your time on the by phone trading insults.  Let it go.  The primary purpose is to get information in items #2A-D and communicate to the caller your position on paying or not paying the alleged debt.  The caller listens to your verbal cues and acts according to the response heard from you.  If he/she detects fear and nervousness, they will go in for the kill.  Fear = money for collection agencies. Read More →

Sample Letters

Provided for informational purposes only to help readers generate letter writing ideas.

Typing
I.  Sample cease and desist letter for fake or illegal collection agency

Sample letter:  Cease & Desist

[Insert collection agency name]

Address

City, State Zip Code

Date

 

Re:  Acct# [Insert account number]

 

Dear [Insert collection agency name] Mgr/Owner:

I am contacting you in reference to a [insert original lender’s name] account with the above reference number.  I am demanding that [insert collection agency name] and its representatives cease and desist all contact with me, and anyone associated with me, including friends, family, and employer-coworkers regarding a [insert original lender’s name] acount.

I do not owe this debt, because [insert reason for not owing, ex. online pay day and installment loans are prohibited in my state by unlicensed lenders].  As a result, you are trying to enforce collection on an invalid debt and all past payments made to [insert original lender’s name] will be considered as account paid in full.
Read More →

Collection Agency: We will continue to call you!

Your response in your head and to them should be: No you will not!  If you have been verbally abused or harassed by an illegal or fake collection or unlicensed debt agency and have asked them to stop contacting you, friends, family, affiliates, and place of employment and they continue, you may want to consider consulting with a licensed attorney and/or sending a written cease and desist letter, contacting or filing complaint with state attorney general office (AG), and the Federal Trade Commission (FTC).  File for the abusive nature of their activity.  In certain situations email may be sufficient.  However, in other cases email followed by a mailed U.S. Postal Service certified mail return receipt (CMRR) requested copy is most likely equally or more effective.  If accepted by the recipient CMRR is the best step to take.  The few dollars invested in invaluable for peace of mind and peace from the phone ringing off the hook.

 Fair Debt Collection Practices Act § 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
Read More →

Visit our message boards

Stop by our forums and leave a message, ask a question, or offer help. On the main page top menu bar, click through the Payday Loan Help Forums link indicated where the yellow arrow is pointing. We would love to hear from you. Let us know you were here!

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Payday Loan Borrower Advocates

helping

There are groups and organizations formed to help those who have been negatively affected by payday loans. More organizations are offering borrowers counseling, education, support, advocacy services, and are actively involved in trying to change state laws. Here is a preliminary list of those organizations. As new websites are discovered this list will be updated.

National Association of Consumer Advocates – Offers predatory lender information and links to consumer attorneys in your area.

Stop Predatory Payday Loans in Pennsylvania – Coalition listing, legislative watch, and news.

Empire Justice Centeer – Advocacy for New York residents, news, and legislative update.

Center for Responsible Lending – Borrowing education, research, analysis, and tools.

Virginians Against Payday Loans – An organization of businesses, consumer advocates and faith based groups working to stop payday loans in Virginia.

Smith Hill Community Development Corporation – Rhode Island advocacy organization.

The Pew Charitable Trusts – State and Consumer Initiatives.

North Carolina Sues Western Sky, CashCall, and Others

The state of NC is suing Western Sky, CashCall, LLC, WS Funding, Delbert Services Corporation, and CashCall’s owner for what the state says is violation of Carolina’s Consumer Finance Act, usury laws, its Unfair and Deceptive Practices Act. The state is seeking to obtain restitution and other relief. There are five affidavits listed from citizen complaints (you see, complaining, and in volume works).

The first sworn affidavit submitted by one borrower stated she applied for a loan with Western Sky for $2600 and was approved ($2,525.00 plus a $75.00 prepaid finance charge/origination fee). The funds were electronically debited into her checking account. The document goes on to further account:

My loan was originated and funded by Western Sky on July 5, 2011, with an annual percentage rate (APR) of 139.12 percent. My payment schedule was one payment of $263.25 on August 1, 2011, with 47 monthly payments of $294.46 beginning on September 1, 2011.

Soon after she stated she was notified that her loan was sold to WS Funding, LLC, and that CashCall would be handling her loan. CallCash then started withdrawing her payments from her bank accounts. She started having difficulty keeping up with the monthly $294.46 payments and indicated CashCall would contact her on a daily basis. Read More →

Payday Loans Can Be Addicting

recovery

Are you in the payday loan revolving door trap partly because you took out loans at various times when you didn’t even need a loan? If the answer is yes, then you could possibly be addicted to payday loans.

There are different reasons why people take out consecutive or ongoing payday loans. Some reasons could be due to drug or gambling addictions, unemployment, divorce or recent separation, unexpected major expensese, etc. Primary addictions may leave to secondary payday loan addictions, and the payday loan addiction can also consume one’s life.

The American Psychological Association describes addiction as:

Addiction is a condition in which the body must have a drug to avoid physical and psychological withdrawal symptoms. Addiction’s first stage is dependence, during which the search for a drug dominates an individual’s life. An addict eventually develops tolerance, which forces the person to consume larger and larger doses of the drug to get the same effect.

Read More →

How Fake Collection Agencies Get You To Return Their Call

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#FakePaydayLoanCollectionScareTactics101

In both cases, consumers are duped because the scammers use official sounding company names and they know a lot of personal information about the victims, like their social security numbers, driver’s license numbers and old bank account numbers. They sometimes refer to the victim’s employer and even mention the names of personal friends and professional colleagues.

Above are high percentage return call scare tactics used by collection agencies or phoney collection agencies reported by Cleveland, OH Action News 19. Many of these collection companies use names which sound similar to famous brand name companies or they use names in their titles which could easily make them sound like legal entities. Words you may hear in the title which would immediately have an attorney feel creates a sense of urgency: firms, firm, office of, recovery, associates, advisors, and PC. PC means Professional Corporation and is not only reserved for attorneys. An accountant with a collections or financial service business may also use the title.

If you question a company try a Google search before you call them. Then try another search with the same name and add the word “scam” to see if there is any suspicious activity reported online.

Source: http://www.19actionnews.com/story/15936410/scam-alert-fake-payday-loan-collectors