payday loan? HELP!!

[michelle1181]

Hi everyone,
I filed in May 2011 and just had my 341 mtg yesterday and I thought I could finally just sit and wait. Today, I received a call from a law firm called McGuire & Hummel saying that the payday loan I took out with a creditor back in 2010 is not dischargeable in BK and says that I am attempting to defraud them, etc etc. He stated that an affidavit is going to be filed in my county and it scared the hell out of me.

What does this mean? Is he lying or telling the truth??? He basically told me that the debt needed to be repayed without it escalating so I caved and gave my bank info, however now I am worried because will this put my bk at risk?

I know it was stupid for me to give my info, but at the same time, when I hear the word "fraud" it scares me. -- HELP!!!

[doni49]

If he attempted to collect on this debt after being notified of your BK filing, then he violated the automatic stay.

As long as at the time of taking out this loan, you had every intention of paying it, then I don't think he's got a leg to stand on as far as not being dischargable.

[michelle1181]

I am confused because the name on the petition is my maiden name, and the name on the law firm's records is my married name. I listed both names in my petition and also faxed over a copy of it to them and they still called me. I had no intent to defraud them, I am guilty of having one too many payday loans because I fell into the trap. This loan was taken out in May of 2010 and now they are saying it's not dischargeable in my BK. Is this true or is the creditor just saying this?

He seemed pretty confident that this wouldn't be discharged in the BK?? He didn't even ask for my case number or anything! Would it be safe to assume that I was tricked into this whole thing? I gave my debit card number as a form of payment, but I am thinking of cancelling the card.

[DesdemonaB]

I am confused because the name on the petition is my maiden name, and the name on the law firm's records is my married name. I listed both names in my petition and also faxed over a copy of it to them and they still called me. I had no intent to defraud them, I am guilty of having one too many payday loans because I fell into the trap. This loan was taken out in May of 2010 and now they are saying it's not dischargeable in my BK. Is this true or is the creditor just saying this?

Cash advances that are included in the bankruptcy filing for either Chapter 7 or Chapter 13 that are over $750 total and under 70 days old will not be discharged. Its been over 365 days so they are dischargeable.

He seemed pretty confident that this wouldn't be discharged in the BK?? He's buffing.

He didn't even ask for my case number or anything! Would it be safe to assume that I was tricked into this whole thing? I gave my debit card number as a form of payment, but I am thinking of cancelling the card.

CANCEL CANCEL CANCEL ASAP then contact your lawyer or do a C&D letter showing your lawyer's information and threat him with violating the BK automatic stay.

[AngelinaCatHub]

Hi everyone,
I filed in May 2011 and just had my 341 mtg yesterday and I thought I could finally just sit and wait. Today, I received a call from a law firm called McGuire & Hummel saying that the payday loan I took out with a creditor back in 2010 is not dischargeable in BK and says that I am attempting to defraud them, etc etc. He stated that an affidavit is going to be filed in my county and it scared the hell out of me.

What does this mean? Is he lying or telling the truth??? He basically told me that the debt needed to be repayed without it escalating so I caved and gave my bank info, however now I am worried because will this put my bk at risk?

I know it was stupid for me to give my info, but at the same time, when I hear the word "fraud" it scares me. -- HELP!!!

OH Gawd. The worst thing you could do is give him numbers. Call your bank and lock down your account. Tell the bank you think your identity has been compromised as it HAS.

All posts above state the same in red white and blues.

NEVER give numbers out. Spank, spank, spank.

You are represented and if you do this, you could void your bk as a preferential payment. Understand, these CA's LIE!!!

You can recover. Call the bank ASAP and your lawyer as well. This jerk is lying, and ask your lawyer if you can go after that jerk.

READ MORE on the stickies. Talk to NO ONE on the phone and refer all to your lawyer's phone number. This one could be a biggie, and yes I intend to make this a point. Please do what all of us ask, call the bank, lawyer, and say nothing to a phone call. You will be fine in the end. First thing after 9:00 take our advice and please let us know of the results. 'Hub

[jacko]

Do you always believe in what people tell you?

I am confused because the name on the petition is my maiden name, and the name on the law firm's records is my married name. I listed both names in my petition and also faxed over a copy of it to them and they still called me. I had no intent to defraud them, I am guilty of having one too many payday loans because I fell into the trap. This loan was taken out in May of 2010 and now they are saying it's not dischargeable in my BK. Is this true or is the creditor just saying this?

He seemed pretty confident that this wouldn't be discharged in the BK?? He didn't even ask for my case number or anything! Would it be safe to assume that I was tricked into this whole thing? I gave my debit card number as a form of payment, but I am thinking of cancelling the card.

[jacko]

I now can see why the Nigerian email scammer/spammers are so successful..

[michelle1181]

I called and cancelled the debit card number I gave them. Since I cancelled my card and not the aactual checking acct, can they still get me? I never gave them my checking account number, just the debit card info. Although he did ask for the customer service number on the back of the card? Does that even matter? I never know anymore with these people.

[AngelinaCatHub]

I now can see why the Nigerian email scammer/spammers are so successful..

Yes we know the damage was done, and it is a doozey. But it can be undone with timing , like "right away". We are here to help and this one needs aid and confidence in the fact that she/he can get this fixed. Even due to the fact that it does not respect the automatic stay, the Judge can reverse any action that is not within the law. All she/he needs to do is act like first thing in the morning. Please add in some suggestions for those who really made a mistake.

Remember, we are ALL here due to mistakes we have made. 'Hub

[AngelinaCatHub]

I called and cancelled the debit card number I gave them. Since I cancelled my card and not the aactual checking acct, can they still get me? I never gave them my checking account number, just the debit card info. Although he did ask for the customer service number on the back of the card? Does that even matter? I never know anymore with these people.

This is good michelle. None the less, call the bank and warn them that you gave no permissions for an electronic transfer for these people. You did good. Get with your lawyer and tell him the tale. This is recoverable. 'Hub

[nokia123]

I now can see why the Nigerian email scammer/spammers are so successful..

True

[justbroke]

Even better is that if this is really a law firm and they debited money... sanctions, sanctions, sanctions! Please stay on top of this.

[sunshinepa]

You did the right thing in canceling. Incidently, it's not fraud if it's NOT within 90 days of the BK filing.

[IamOld]

Guys and to the original poster - Michelle - did they have an accent? You may very well be a victim of an ongoing scam run out of Pakistan - see here for example - http://800notes.com/Phone.aspx/1-888-234-4685/2

As everyone said - a) do not do not do not do not talk to them
b) if you have address/fax for them give it to your atty and otherwise (as Catleg would say here) tell them to go pound sand. Literally.

Even IF you owe this - and this is doubtful if this is even real - it is - as has been pointed out above - dischargable.

[michelle1181]

Everyone, thank you so much for your responses. This has truly helped ease my mind. Sadly, I do owe this and I fell into the payday loan trap and I am definitely not proud of it, but it is one of the main reasons why I decided to file BK in the first place.

These people are from an office called McGuire & Hummel and they are ruthless!! I checked my voicemail and the same person I spoke to left me another msg last night and this morning -- rambling on and on and on for what seemed to be like 5 mins. He kept saying that it is NOT dischargeable and the fact that I authorized a post dated check, well in this case, a post dated bank transfer, it is considered fraud. He also stated that there is a clause in the contract that I signed that said "I don't plan on filing bankruptcy on this matter."

I filed pro se so I don't have an attorney -- thankfully I have this forum to ask my questions. Who can I report this to since I don't have any representation?