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I had several payday loans which I have paid off some, but still have others outstanding. I have been threatened with wage garnishment and a court case if I do not pay these off. I have also had th
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My mother received a call yesterday and took a message from a patrick o’reily # xxx-xxx-1748 (number shows private on her caller id) stating i have an unpaid payday loan with a company called bmg payday in the amount of 2.53 and that i needed to call back before 5pm or i would be arrested! i retuned home and 4:30 and my mother was very upset and said i better call quick! back in 2010 i received a couple similiar calls about a payday loan with the same company bmg payday, but these times they were from “investigators” with the same claims and all for different months and amounts. now i knew i had not taken out a payday loan at that time, so i said i am calling my attorney (which i had at the time for another matter and do not have him retained now) do what you need to do and hung up. my attorney took the number and i emailed him my bank records for the month questioned and he called…of course they would not speak with him. needless to say i have dealt with this company before so this time patrick o’reily got the same deal from me. i told him i have my bank statements to prove i never received a loan from this company at any time and i would love to go to court and show a judge my bank records, o’reily went on to say i will lose in court he has my social, my bank account, my date of birth and a receipt that the money was deposited, the ip address for the computer that did the transactions and time etc. i said bank statements don’t lie o’reily and i will pay nothing. he went onto say that the statue of limitations is about to expire on this and bmg is prepared to fight for their money and the the 722.53 was a settlement, if i don’t pay that now i will pay 83.53 which is now the ture balance, court costs and attorney fees. i said i won’t lose so do what you have to so. i asked for the company name and additional information and was denied that. he was getting upset that i was not falling for his scam and became very upset. he said since i am not willing to cooperate he is transferring my account over to their investigator karl reinman to he can proceed to file a complaint and have me arrested. he told me to get a clean pair of underwear and a tooth brush in a scarstic manner, i said this call is being recorded he said oh really well all these calls are recorded on our end too. i said great then you realize you just threatened me, and also gave confidential information to my mother which is against the law. so you and i can both bring the recorded conversation to court and see where it goes from them. i said you can’t talk to me like that, he said get your underwear ready it’s going to be a long weekend for you and hung up the phone. he called me on a monday? long weekend? i don’t know how these companies stay in operation. i do know that i have not taken out a payday loan from this company and have my bank statements to prove it and will pay nothing to anyone for a debt i did not incur. they are scam artists….beware. when i recieved another call i will record it again and then file a complaint with the local police department. i will not tolerate this harrassment from a low life telemarketer collection agency. they are the scm of the earth!!!! did i handle this correctly this time? i live in nj, can i be arrested for something i didnt receive? if i have to go to court, my bank statements for the closed account should be enough for me to prove that i didn’t receive it right? thanks!I took out a pdl online in 2011. i was unable to pay the loan back fully. for months now, i keep getting the same phone calls. a “locator” or “private courier” will call me and tell me that they have legal documents to deliver or serve to me and that they are calling to verify my address and make sure that i am available on a certain day between certain times. usually, it is within a couple of hours. they give me an 855 number to call if i have any questions and tell me that if i do not call to resolve the matter and he/she does not receive a “stop order” from this company that hired him/her, then they will be at my house within a couple of hours or on a specific day and time to serve me with the documentation. so the first time i received these calls i called the 855 number and was met with a woman telling me that charges were being filed against me for check/bank fraud and something else that they said were felonies. these people had my correct phone number, current address, last four numbers of the bank account that the loan went into, etc… the options she gave me were to settle out of court right then by setting up a payment arrangement. i told her that i was uncomfortable giving out any pay information or making payments to anyone that i was not absolutely sure was legally the collector of the said debt. i simply asked them to send me documentation to legitimize their claim. they said that as soon as i make a payment they would e-mail me a copy of the payment plan. i told her that that isn’t what i asked for. i wanted a paper trail showing where and how they eneded up with my account and the authority to collect on it. she became irate and flat out, ominous toward me. i finally just told her to serve me so that i would at least have some sort of leagal documentation and nothing ever came. the calls ended for a couple of months, then started back up again getting calls from a “courier” again and giving me the same 855 number. i called it this time and i got a man that says he worked for “consolidated” and mentions something like ‘litigation’ and said that charges were being filed against me because the loan company (not the same name that i took the loan out from) feels that it was my intention to defraud them… so the same thing. he did not want to send me any paperwork and accused me immediately of being uncooperative. so i just hung up on him. then i got more calls from the so-called “locator” whose number came up an oklahoma number stating her office is in my city. i asked for an address and she ignored the question and just said that she would be by to serve me. so for 6+ months i have had someone telling me that they are going to serve me and they have all of my personal information and my correct address, but have never been here… and they don’t stop calling. i mean 5+ times per weekday. it’s becoming a very serious issue as my phone never stops going off.I am a former employee of a payday loan company and their collection efforts are one i would not do. i had never worked for a finance company like that so i went in clueless. quickly i learned that is not a place of employment if you have a heart. threats are their biggest tool. if you are contacted by anyone and they claim criminal charges always reply with i can’t talk right now and promise to return call them in 5 mins where you can get to place and talk. get a number and name – immediatly call your state banking department and report the call. when the person calls you back inform them that you forwarded their collections threats to you state banking department and from that moment on make a note of any call you receive time date persons name and what was said. it is illegal for them to threaten you with any type of threat. also they will continue to harass your refences – let each one of your references know when they call them to inform them they do not wish to be contacted any longer and to remove them from the call list. if they continue to call the references you report that as well to the state banking department. if they are calling you at your place of employement you can tell them not to contact you there anymore. legally they have to stop (sometimes it is a good idea to fax to local branch a letter stating no more contact at your work keep a record of that) and if they continue make sure you report that to the state banking department. keep in mind that they are only allowed to contact you twice a day. with leaving a voice message once. if you get a repeated calls and repeated voice mails – they are breaking collection effort rules/laws. these companies are audited by their state banking departments. if complaints are being filed against their collection efforts then audits are more frequent cause all complaints have to be investigated. things happen not everyone is perfect… they are about profit and money with no concerns for the customer. by any means possible. that is their motto. you have rights take a stand. don’t let them intimidate you or scare you. when they do – they become the criminal not you. the only legal route they can take is a small claims that results in a garnishment. and if you are on ssi then they have no legal right cause you can’t garnish ssi. also most states don’t allow what they call roll overs. meaning you can’t just pay the interest and rewrite the account. most states require you to pay the full amount including interest – rewrite the loan – and then return the amount minus the interest. in most states thats illegal. check with the regulations in your state – if no roll overs are allowed and you have done that – let the state banking department know you have done it with the company in the past. if they want to threaten you with criminal charges they obviously have no concern for you – so why have concerns for them. i hope this helps anymore who reads this 🙂.I received a call from williams, scott & associates at 11:01am today stating that a claim has been put against my drivers licence and my ss# and i need to call them back to rectify the matter before 5pm today or they would proceed with crimminal charges. i called back at 11:57am and left a message on 206-384-4524×204 and spoke with”jeffery williams and he stated that i needed to pay 30.11 cents by credut card or they will send the dekalb sheriff to mydoor to arrest mefor bank fraud! the stated that i would have no bond and i will have a court date on jan 2nd and i will be sentenced to 8 months in prison. i was very affraid i still am! i kept the guy on the phone i asked him for documents he stated that he could not release the contract it is evidence all he could send me is a email of the letter demanding payment. he emailed it to me and it looks like a invoice that is demanding money . i notice this letter did not mention any jail time at all nor does it say say anything about jeffery being the cheif procecutor requiring payment in lieu of my arrest tonight. i filed chapt 13 bankruptcy on this loan and the bank inwich the checks where written out of on this loan in 2008! i am still in bankruptcy now until oct 2013. jeffery stated that this is a federal loan that i cannot file bankruptcy on! and that alot of people think that they can and per this contract i signed that is now considered state evidence it states that after 4 years the money is reported stolen and that is what makes it a federal offence because i stole the money and committed fraud by giving false information to obtain the loan! i asked him haw did i steal the money and you had all my information and that you tried to garnish my wages inwhich prompt me to file chapt 13 in the first place? he again referenced this loan as a federal loan since it had not been paid off in 4 years and i had not made a payment. i said you had to receive payment because the chapt 13 had to send you payment. and they would have told me if i could not enter this oan into the bankruptcy. i told him that it is no way i have that type of money on hand to give to him with no documents stating that my bankruptcy did not cover this! he then told me that he will give me till friday 12/14/2012 11am to get him 10.11 or he will send the police to my job. i said ok, and tomorrow i will be in my bankruptcy attorney office seeing if they can have me arrested…….. i will let you know how this goes.