My mother got a call for me asking for me to call this number. I called and spoke to a guy named Greg. He verified all my info except had a very old address. He said he was calling about an overdue payday loan. I told him I just paid off a loan last year and I thought it was for the loan company he was calling about. I told him I was willing to make payments starting next month cause I was having 2 surgeries this month and he said im facing a felony charge and I would be having my surgeries in prison. I called the original debtor to get more info and when I called this guy back to set up payment arrangements he said he was adding a misdemeanor charge on top of the felony for contacting the debtor. I filed a complaint with the FTC, the attorney general, and contacted the FBI. The original collection agency is trying to buy back my account so I can make payments on this. I want everyone to know how awful and threatening this company is.
Some Payday Loan lenders will attempt to convince the borrower that the check they left is fraudulent, and the lender will file a fraud case. Borrowers should read this:
http://www.in.gov/dfi/FAQ_-_Check_fraud_.pdf
The important paragraph in that PDF is:
"... if the small lender knew, at time of receipt, that the account had insufficient funds, or that the check was postdated, the issuer has not committed the crime of Check Deception"
(Although that is a citation from Indiana law, the laws are similar in most states that permit payday loans)
Here is a citation from the Uniform Commercial Code (UCC), which is valid in ALL 50 states:
Section 3-104(2)(b) of the UCC, defines a check as “a draft drawn on a bank and payable on demand.” A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.
Yes, borrowers should pay their debts, but lenders must (by law) follow the correct procedures to collect those debts. A summary of the Fair Debt Collection Practices Act (FDCPA) is here:
http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act
More information,from the FCC, on loans and how to report debt collector violations:
http://www.consumer.ftc.gov/articles/0149-debt-collection
Recent news, stating the FTC DOES shut down these scammers!
http://800notes.com/forum/ta-a42dc4be97913e8/ ... ection-scammers
and
http://www.consumerfinance.gov/newsroom/cfpb- ... -cycle-of-debt/
Just because a voice on the telephone claims you owe a debt does not mean you owe it
If a voice on the telephone claims you owe a debt:
1. Demand the person give you his or her name, company name, and address
2. Demand a debt validation letter by US mail. E-mail no good.
3. Do not pay the collection agent or anyone else a DIME until the debt is validated.
Of course they won’t do this, no scammer ever will, so simply block their calls and ignore them.
You did the right thing in contacting those agencies. Being in ordinary civil debt is not a crime and you can't be arrested for it. It is a violation of the federal Fair Debt Collection Practices Act to threaten criminal prosecution to collect a civil debt.
If they continue to bother you, tell them that you know this is a debt scam and that you are making a complaint to the police for extortion. Once you get a copy of the police report and they call you again , just read out the file number and the name of the PD or Sheriff’s office involved. Tell them you’ll be glad to send a copy to them at whatever address the jack***es are working out of now.