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Pay Day Loan collections after bankruptcy

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    #46
    Originally posted by Bandit View Post
    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.
    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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      #47
      Originally posted by OhioFiler View Post
      I find the phrase "My own personal opinion" redundant.
      I find this phrase, ignorant.

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        #48
        Originally posted by moneytrouble View Post
        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.

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          #49
          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.
          Filed Ch. 7 on 6/1/09
          341 Meeting on 6/30/09
          Awaiting discharge...

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            #50
            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.

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              #51
              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!

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                #52
                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.
                Last edited by Bell30656; 07-16-2009, 01:52 PM.

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