Anon--
They have violated FDCPA laws by refusing to provide written validation of the debt they are harassing you about:
809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
They have also violated FDCPA laws by verbally abusing you.
Go to the FTC's website and file a complaint:
http://www.ftc.gov/ftc/contact.shtm
If they can't (or won't) furnish proof that you legitimately owe this debt, they get NOTHING.
Also, I checked the SOL (Statute of Limitations) for the enforcement of collection of debts in the Virginia courts:
Open account: 3 years from the last payment or last charge for goods or services rendered on the account.
Written contracts (non-UCC): 5 years.
Sale of goods under the UCC: 4 years.
Virginia Judgments: 10 years, and renewable (extended) to 20 years.
Foreign judgments: 10 years.
The statute of limitations on this debt will expire in 2010 (written contracts).
Therefore, STAY OFF THE PHONE! West is a notorious bottom feeder (buying charged-off debts for pennies on the dollar then then tries to extort a token payment in order to reage it). That's why you were being screamed at.
Bide your time, then send them this cease communication letter VIA certified mail with return receipt requested. Keep copies of everything you send:
Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
VIA CERTIFIED MAIL
RE: [insert account number or name of account or name of debt]:
Dear [insert collector's name or company name],
This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].
I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.
This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.
Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.
t the FTC's Request, Court Halts Alleged Phony Payday Loan Broker
Consumer Losses Estimated at More Than $5 Million; Defendants Promised to Help People Find Loans, But Instead Just Debited Their Bank Accounts, FTC Alleges
At the request of the Federal Trade Commission, a U.S. district court has halted a Tampa, Florida-based operation that promised to help consumers get payday loans. Instead of loans, the defendants used consumers’ personal financial information to debit their bank accounts in increments of $30 without their authorization, the FTC alleged.
Claiming to be affiliated with a network of 120 potential payday lenders, the defendants misrepresented that 80 percent of applicants got loans in as soon as one hour, according to the FTC. The court order freezes the defendants’ assets to preserve the possibility of providing redress to consumers.
“Repeatedly, we’ve seen situations where consumers provide sensitive financial information when inquiring about a payday loan online, and that information falls into the wrong hands,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “The FTC is committed to shutting down these fraudulent operations.”
The FTC alleged that defendants Sean C. Mulrooney and Odafe Stephen Ogaga and five companies they controlled used websites with the names Vantage Funding, Ideal Advance, Loan Assistance Company, Palm Loan Advances, Loan Tree Advances, Pacific Advances, and Your Loan Funding to collect consumers’ names, Social Security numbers, bank routing numbers, and bank account numbers, which allowed them to access consumers’ checking accounts.
The defendants obtained other consumers’ financial information by paying more than $500,000 to third parties, and debited those consumers’ accounts without authorization as well, according to documents filed with the court. In all, the defendants victimized tens of thousands of consumers, taking more than $5 million from their bank accounts. Many of the victims were in difficult financial straits to begin with, and as an added insult, often began receiving harassing telemarketing and debt collection calls shortly after the defendants made their unauthorized withdrawals, according to the FTC. Consumers who complained to Defendants’ Philippines-based customer service agents were frequently offered refunds and $100 gasoline vouchers that never materialized, according to the FTC.
Mulrooney and Ogaga apparently used proceeds from their allegedly illegal scheme to finance a lavish lifestyle. Mulrooney is the registered owner of a 2012 Maserati GranTurismo, while Ogaga owns a 2011 Rolls Royce Ghost and a 2006 Ferrari 430, according to documents filed with the court.
This is the FTC’s third recent case involving allegedly fraudulent online payday-loan-related operations, and the first one in which the defendants claimed to broker payday loans. In two previous cases, American Credit Crunchers, LLC and Broadway Global Master Inc., the defendants allegedly attempted to collect on payday loan debts that either did not exist or weren’t owed to them.
The complaint charges the defendants with violating the Federal Trade Commission Act by using unfair billing practices, and by misrepresenting that they will help consumers find a payday loan and use their personal and financial information to get the loan. The complaint also alleges that the defendants untruthfully claim four of five consumers who applied were approved for a payday loan.
For more consumer information on this topic, see, Online Payday Loans.
In addition to Mulrooney and Ogaga, the Vantage Funding complaint names Caprice Marketing LLC; Nuvue Partners LLC; Capital Advance LLC; Loan Assistance Company LLC; and Ilife Funding, LLC, formerly known as Guaranteed Funding Partners LLC.
The Commission vote authorizing the staff to file the Vantage complaint was 4-0. The complaint and request for a temporary restraining order were filed in the U.S. District Court for the Northern District of Illinois. On August 29, 2013, the court granted the FTC’s request.
NOTE: The Commission a files complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The case will be decided by the court.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistantor call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.
I've received a few calls today from a 911 and 2819408220 number stating they will press charges against me on Friday.. Some Indian chic call from Texas Department of ???? I figure y'all need to at least be able to sound like yu from my state....Numb nut scuzz bucket individual...
The only 911 number there is that that goes to is the Emergency call number! These moron's are really showing their stupidity now!!! As to that other number ... more likely than not a Caller ID spoofed number.
And here we go:
http://800notes.com/Phone.aspx/2819408220
Let's see these a**les claimed to be the "sheriif's Department," "Collection Agency," and I'm sure others and have also used other spoofed numbers in this assine scam of theirs. And the fact that the one that called you had an Indian accent is another red flag too.
Most likely these vermin, although the action hasn't seemed to slow them down any. F'ing j*cka**es!!!
http://ftc.gov/opa/2012/02/acc.shtm
"Court Halts Alleged Fake Debt Collector Calls from India, Grants FTC Request to Stop Defendants Who Often Posed as Law Enforcement
At the request of the Federal Trade Commission, a U.S. district court has halted an operation that the FTC alleges collected phantom payday loan “debts” that consumers did not owe. Consumers received millions of collection calls from India, and that since January 2010 the operation took in more than $5 million from victims, according to the FTC.
In tough economic times, many consumers turn to high-interest, short-term payday loans between paychecks. The FTC alleges that information submitted by consumers who applied online for these loans found its way into the hands of the defendants.
Often pretending to be law enforcement or other government authorities, the callers working with the defendants would falsely threaten to immediately arrest and jail consumers if they did not agree to make a payment on a delinquent payday loan, the FTC’s court papers stated. Claiming to be law enforcement, such as a local police department, the “Federal Department of Crime and Prevention,” or simply a “federal investigator,” the callers typically demanded more than $300, and sometimes as much as $2,000. At other times, the callers said they were filing a large lawsuit against the consumer because of the delinquent payday loan or would have the consumer fired from his or her job, according to the FTC.
But the consumers did not owe money to defendants – either the payday loan debts did not exist or the defendants had no authority to collect them because they are owed to someone else, according to the FTC. The court order stops the illegal conduct and freezes the operation’s assets while the FTC moves forward with the case."
Thhe stupid moron's must foolishly think EVERYONE takes out an (online) payday loan and/or will fall for their stupid idiotic scam!!!
"In a typical payday loan scam, the victim, who may or may not have ever actually applied for or taken out a loan, receives a call or email demanding that they pay back an overdue debt. Because of porous information-sharing practices, consumer's personal information often finds its way into the hands of fraudsters, making it easy for them to recite the consumer's personal and confidential information.
The scam artist may threaten the consumer with immediate arrest if he or she does not pay right away. This is a clear giveaway that it's a scam, but it also causes people to act irrationally out of fear. Scammers have been known to make dozens of such threatening phone calls to victims' homes or places of work in order to extract funds. Victims are often accused of perpetrating check fraud, forgery or money laundering to scare them into paying up immediately, when in fact no money is owed.
Consumers shopping for an online payday loan should be aware that even legitimate-looking Web sites could in fact be fronts for scammers. Some “red flags” of a possible scam loan Web site include:
Requests to pay upfront before receiving a loan
Payment is requested via wire transfer
Payday loan Web sites that lack working phone numbers or mailing addresses
The payday lending company is based overseas
Loan packages that sounds “too good to be true” "
These lowlives always use such intimating tactics! And, like mentioned above, always pretty much overseas!
"How The Potential Scam Works
Representatives of National Payday Loans make unsolicited telephone calls to consumers at home or at work. The scammers tell consumers that they are being prosecuted for loan fraud, bank fraud or check fraud because they have defaulted on a payday loan
The scammers may threaten the consumer with immediate arrest
The scammers usually tell consumers that they received a payday loan of several hundred dollars in 2008, they may tell the consumer that the debt has increased to several thousand dollars
The scammers have the personal financial information of the consumer, including bank account numbers, social security numbers and the names of relatives
The scammers demand immediate payment of the debt by wire transfer or by providing a checking account or credit card number
If a consumer pays the scammers, they will continue to aggressively contact that consumer for even more money
These scammers are highly persistent and may make dozens of threatening calls in a short period of time"
And below that ... something that might prove helpful:
"If You Feel You're A Victim
If you feel you have been a victim of a loan scam, please contact the Federal Trade Commission at 382-4357 (1-877-FTC HELP), or online at www.ftc.gov. Because the scammers have access to bank account information and social security numbers, victims should consider themselves victims of identity theft and take appropriate precautions. The Federal Trade Commission has information for victims of identity theft available online at www.ftc.gov."
Those that are intimidating, harassing and threatening you with arrest may not be the ones you got the loan from. But nonetheless what they're doing is flat out wrong .... and illegal!
Initially, I received an email, from Loan Company- Advance Cash America, which showed/said I owed nearly 1,000, and I needed to contact them. I sent a reply email back informing them I knew nothing about it and that they needed to send me something to confirm. Today, I just received a call from the "State Attorney's office" to notify me that I am being arrested for bank fraud, etc., they are going to fax the subpeona to the local sheriff's office, who will proceed. He (very heavy accent) from When I was finally able to ask questions, he had a lot of information, how/where he got it, I have no idea. He says, I know your kind, "we gave you money" so with that, it leads me to believe (surprise) that this was not the State Attorney's office. I told him to come on, send the Sheriff's office here, I'll take care of them. hmmmmm
Why must some people steal, I'm sure if I had said, I will send you $500 he would have agreed and that would have been my loss. Who do I contact about this scam? I have never heard of this company, never applied for a loan thru them.
Reply !