Pay Day Loan collections after bankruptcy

[Bell30656]

That's what I was talking about earlier. You state that the OC is responsible for anything an assignee of the debt does. Keep in mind that the OC is the only one that can pursue criminal charges against you not the JDB or CA.

The company is correct they can continue to contact you because they are not attempting to collect the original debt but rather they are pursuing restitution for the NSF check.

The only power they have is to harass you into paying them. First, tell them that you are recording any and all calls to this number. Staying on the line agrees to the terms. Tell them that you absolutely will not discuss the alleged debt or matter with them until they prove who they are, and demonstrate to your satisfaction that they have a legal right to collect said debt.

Ask them for the correct legal name of their company as filed with the secretary of state, the name of their registered agent and address for service.

If they refuse tell them you are considering filing a complaint with the state's attorney against the CA and OC. Tell them you will be providing them with the wonderful recordings that you have.

[walkthaplank]

Have you tried contacting the original lender? I would argue that they (the original lender) are still attempting to collect this discharged debt. You have no evidence to the contrary. They need to recall this debt. If they say they sold it, then to who? What is their contact info?

Sorry you are going through this. What a PITA!

[moneytrouble]

The lender is definitely an American based lender, they run about 3 or 4 different lending agencies across the US, but they have not contacted me in a year. It's the collection company they either sold my debt too, or hired to harass me. I'd rather not say who at this point until I hear from my lawyer. As a possible good sign, I have not heard from them since I yelled that the debt was discharged and I was going to speak to my lawyer. I guess speaking calmly and intelligently does not work for these people.

[lafrteacher]

If you'll let us know which payday lender it is, we might could help you.
Even a phone number can help.
Chances are, it's an illegal offshore lender that has no license to lend in the US.
If they aren't registered in Michigan, then they can't legally lend money there, nor can they collect it. If they try (which is unlikely) you show that they are not registered, and it gets thrown out of court.

Secondly, if it was an online loan, they have to prove that it was really YOU that applied, and not someone else with your info.

I have a payday loan like this, and had to really dig to get an address to send them a cease and desist letter.

[Bandit]

They ignore that question and state they don't care about this discharge "We are not calling about a loan. This is about a bad check, not about a discharged loan" I am going to try and not worry about this anymore, until they actually do pursue legal matters, or my lawyer tells me to do something otherwise when she gets back with me.

No check was actually written, but this was an automatic withdrawal from my checking account 15 days later.

while there is no check written. What a headache they are. You would be getting served or a letter from an attorney and more than just phone calls.

[Bandit]

I find the phrase "My own personal opinion" redundant.

I find this phrase, ignorant.

[OhioFiler]

NO. That is only your own personal opinion about me. My own personal opinion about you is, my concern about you being selfish.

I find the phrase "My own personal opinion" redundant.

[moneytrouble]

Did you ask them if they got the paper with your discharge?

They ignore that question and state they don't care about this discharge "We are not calling about a loan. This is about a bad check, not about a discharged loan" I am going to try and not worry about this anymore, until they actually do pursue legal matters, or my lawyer tells me to do something otherwise when she gets back with me.

[Bandit]

This post validates my concern about you being angry and feeling victimized.

I've been called a lot of things over the years but never selfish.

NO. That is only your own personal opinion about me. My own personal opinion about you is, my concern about you being selfish.

[OhioFiler]

I see how you conveniently and completely ignored everything about it that isn't fresh.

Um, there is very little written here about my own personal case and my own reality, so no I don't go telling people to do everything the way I did it. Would you like to provide a reference of this victim accusation? If you don't like what I have to say, you don't have to read it. Guess what? I don't go around telling people what to do, what to feel, when to feel, how I think they should feel, what to think and what definitions they have to agree with.

I am not going to change my opinion on the fresh start definition just because you think it is, because it isn't a fresh start. If you wish to believe that then be my guest. I don't believe you give two cents about wishing me best wishes, either!


Maybe for you. That is what I call selfish. I have no problem trying to understand someone elses reality and not just talk about my own.

This post validates my concern about you being angry and feeling victimized.

I do wish you the best. Why wouldn't I?

I've been called a lot of things over the years but never selfish.

[Bandit]

Thanks. I noticed that all of the sites that are posting about this collection company are very recent, so my guess is the loan or collection company is in trouble with this bad economy and has decided to go after old bad debts now. It may just be extremely aggressive collections and they are not really pursuing legal matters against me. Still very troubling and depressing being harassed the same way I was before filing bankruptcy.

That would be my guess.

Bk does not guarantee that you wont be harassed afterward. Collections going after very old debt, or tansfered debts after a BK is rather common. I asked a question. Did you ask them if they got the paper with your discharge?

[moneytrouble]

Moneytrouble, why not send a cease and desist letter to the OC informing them if parties on their behalf continue to attempt to collect a debt that was discharged you will investigate the legal action that you could or should take against them. Tell them you are recording all phone conversations as well as documenting them in case legal action is necessary.

Yeah. They don't really care what I say and won't provide me an address until I agree to pay them something. They call twice a day, which legally is not harassment, and have not sent any paperwork yet. I could send my discharge papers to the original lender, but they were already notified in the bankruptcy, and have not contacted me in almost a year. I just wont respond to collection company anymore. I am beginning to think that these people are hired jail inmates by their demeanor, which I thought was just a rumor made up about collection agents.

[Bandit]

If BK doesn't provide you a fresh start, which is the intention of the law, then it makes no sense for you to file for protection under BAPCA.

I read your post Bandit and you seem angry to me as though you are feeling like a victim of this, a victim of that. I hope you're able to deal with these issues! Best wishes to you!

I see how you conveniently and completely ignored everything about it that isn't fresh.

Um, there is very little written here about my own personal case and my own reality, so no I don't go telling people to do everything the way I did it. Would you like to provide a reference of this victim accusation? If you don't like what I have to say, you don't have to read it. Guess what? I don't go around telling people what to do, what to feel, when to feel, how I think they should feel, what to think and what definitions they have to agree with.

I am not going to change my opinion on the fresh start definition just because you think it is, because it isn't a fresh start. If you wish to believe that then be my guest. I don't believe you give two cents about wishing me best wishes, either!

Everyone "preaches their own reality". It makes no sense to me how someone can preach another person's reality.

Maybe for you. That is what I call selfish. I have no problem trying to understand someone elses reality and not just talk about my own.

[Bell30656]

Moneytrouble, why not send a cease and desist letter to the OC informing them if parties on their behalf continue to attempt to collect a debt that was discharged you will investigate the legal action that you could or should take against them. Tell them you are recording all phone conversations as well as documenting them in case legal action is necessary.

Calling the OC could result in finding out whom they sold the debt or assigned the debt to. Keep in mind if the debt was sold you are in good shape because only the OC can file criminal charges.

[OhioFiler]

Maybe you should also get a reality check & an attitude adjustment. You keep preaching this (your own personal life) & yet fail to realize that not everyones reality is the same as your reality. It does not provide a fresh start for everyone and some peoples problems can NEVER be fixed, so stop whining that it does. Just because your life is great & smooth & perfecto, it does not mean it always will be exempt from finding yourself back into another BK. UNless of course you are magic wizards from Disneyland! If you would look around at what others go thru and not just your own self, you would know that & then maybe stop preaching your own reality as everyone elses.

If BK doesn't provide you a fresh start, which is the intention of the law, then it makes no sense for you to file for protection under BAPCA.

Everyone "preaches their own reality". It makes no sense to me how someone can preach another person's reality.

I read your post Bandit and you seem angry to me as though you are feeling like a victim of this, a victim of that. I hope you're able to deal with these issues! Best wishes to you!