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HoneyRed
Jul 13, 2004, 02:56 PM
I live in the state of Virginia. I have an outstanding debt with a payday loan company. When I finally made an attempt to pay the debt, the money was refused because I had sent it to the wrong address. I talked to the company and they refuse to accept the amount of payment being offered. I was offering $50.00 per payday until the amount is paid. I owe them $600.00. They only want payment in full. Now I have some collection agency calling harassing me on the job and at home. Is there anyway that I can stop the calls? He doesn't want to listen to anything. He just wants full payment. He wants to tell me what I can afford to pay. Any suggestions?

Debt_Settlement
Aug 6, 2004, 12:53 PM
Collection Agencies are subject to the Fair Debt Collection Practices Act (FDCPA). This is a federal law that governs what collection agencies can and cannot do.

One of your rights under the FDCPA is to send a CEASE & DESIST. The C&D means that the collection agency must stop calling you. They can sue you if they want, but they must cease efforts to contact you to collect the debt.

Sending a C&D to a collection agency may sound like a simple way to stop the phone from ringing. But, it will not change the fact that your owe a debt and remain obligated to pay the debt.

Note that a C&D is not binding on the orignial creditor. They can call you 50 times a day and not be in violation of the FDCPA.

Your real challenge is to figure out how to get out of this mess. The best answer is to just payoff the bums and then stay away from the small loan shark lenders. They operate on the fringe of legality anyway and prey upon the weakest parts of our society. As you are learning now, the less you have to do with this type of people, the happier your life will be.

Good luck to you.

mr.yet
Dec 1, 2005, 07:45 AM
I live in the state of Virginia. I have an outstanding debt with a payday loan company. When I finally made an attempt to pay the debt, the money was refused because I had sent it to the wrong address. I talked to the company and they refuse to accept the amount of payment being offered. I was offering $50.00 per payday until the amount is paid. I owe them $600.00. They only want payment in full. Now I have some collection agency calling harassing me on the job and at home. Is there anyway that I can stop the calls? He doesn't want to listen to anything. He just wants full payment. He wants to tell me what I can afford to pay. Any suggestions?


Send the payment to them, keep record of that, if they refuse payment, document it, and you continue to send the payment, by their refusal to accept payment will place them in dishonor, while you remain in honor.


Not legal advice, just my 2 cents.