bogus payday loan applications

[uwishtoo]

I have a general question here - I must get 10 spam emails a week in my work place asking me to send my latest pay stub in etc to complete my "loan applications" for those funky payday loans - of which I DO NOT apply for - someone has my info and even have gotten ahold of the two regular references that I use as friends of mine - sounds like dumpster diving to me but I don't know. I usually get most of these stopped right away - but there are now two places that are calling and harassing me for payments for loans I didn't do and I didn't receive ! They keep telling me that they put the money into my checking account and I just laugh and tell them I don't HAVE a checking account - and I have a letter from my bank rep stating that fact.

Now this morning the same gal called into my workplace and she didn't know I could see on caller ID that she was the same person and she tried to ask for me first - and I told her I was at work and don't contact me here - I had already sent in all the info to the payday place and they said the matter was closed - but now this supposed lawyers assistant is bugging me. Then she called back and asked for Human Resources - I told her I didn't know the number to transfer her to - THEN she called back and asked for Payroll and I said LOOK - I am NOT going to transfer you anyplace - stop calling me - and she claimed that she was merely wanting to speak to payroll about another employee - an outright lie - and then she called back and was laughing and said well NOW you are in real trouble - I got ahold of payroll and they are starting wage garnishments beginning next week. I finally faxed her the info AGAIN stating that I have never had a checking account since August of 2005 - and hope that's the end of it. But, my question is this - how can someone do a wage garnishment without a judgment first ? I think she is full of it - but don't know

[GoingDown]

She is full of sh*t. Don't believe anything she says. Send her company a letter by certified mail (faxing doesn't preserve your rights under the FDCPA) disputing the validity of the debt and demanding that they cease and desist from calling you on the telephone. State that it is "inconvenient for me to receive telephone calls from debt collectors anytime and anywhere." Also state that you will be filing complaints against them for violating the Fair Debt Collection Practices Act.

Most likely this is one of the many "bottom feeder" collection agencies that get the job of collecting the nearly impossible to collect accounts, because they are out of statute, etc., and since there is little they can legally do to collect the money, they turn to illegal harassment activities and try to scare you into paying. And I would not be a bit surprised if the reason they are after you is because you have the same or a similar name of the person who once owed the debt.

Most likely, once they figure out that you are not going to be easy to collect from, they will move on to someone else.

[lrprn]

Have you checked your credit report to see what's there recently? If you are being called about payday loans and receiving emails for loans that you never took out yourself, it's very possible you are the victim of identity theft and there's even more trouble coming your way. Have you investigated to see if that's the case? In some of your earlier posts you mentioned that you had been the victim of identity theft before on Paypal - please follow up immediately to find out if someone is using your information illegally!

Without a court-ordered judgment (are you absolutely sure they don't have a judgment against you already that you weren't notified about and didn't show up in court for?), they can't garnish your wages.

If this situation is what you've described here, then don't just keep talking to these vultures on the phone. Go talk to your lawyer!!

[uwishtoo]

Have you checked your credit report to see what's there recently? If you are being called about payday loans and receiving emails for loans that you never took out yourself, it's very possible you are the victim of identity theft and there's even more trouble coming your way. Have you investigated to see if that's the case? In some of your earlier posts you mentioned that you had been the victim of identity theft before on Paypal - please follow up immediately to find out if someone is using your information illegally!

Without a court-ordered judgment (are you absolutely sure they don't have a judgment against you already that you weren't notified about and didn't show up in court for?), they can't garnish your wages.

If this situation is what you've described here, then don't just keep talking to these vultures on the phone. Go talk to your lawyer!!

I havent checked my credit report but I did send in a fraud alert to all three of them. So my accounts are all now flagged as possible fraudulent activity. It just makes me sick that people do this and get away with it. Paypal did nothing to protect me - NOTHING -

And, I never got a notice about any judgement - it is a lawyers assistant calling me. She told me if I could get an affadavit from my bank claiming that I dont have a checking account - since that is where they supposedly put the money - into a checking account - then she would file this under fraud and drop the matter. I faxed her the letter that my bank rep sent to me stating I had no checking account and havent heard a word back, though I asked on the fax for her to contact me with a confirmation that this matter was now resolved and never heard back. I dont have a phone number, only a fax so I am going to fax her right now again to get her attention at least and see that this matter is done and over with

[CATCHMEIFYOUCAN]

Fraud

Definitely sounds like fraud to me. I wouldn't provide any bank info whatsoever. I would leave it up to them to prove fraud. Good Luck!

Catchmeifyoucan

[uwishtoo]

Definitely sounds like fraud to me. I wouldn't provide any bank info whatsoever. I would leave it up to them to prove fraud. Good Luck!

Catchmeifyoucan

Yeah, I faxed the gal again and she never got back with me - so if my payroll department tries to do anything with my wages I will stop it immediately - I already have them alerted to this

Thanks !

[CindyLou]

As painful as it might be I would go to the payday loan place and ask the see the record of your transaction. I agree, maybe someone could have gotten a hold of your old checks from your checking acct??? opened a checking account in your name, etc....etc.....I would certainly do some research because if this is the case it would be possible that they also wrote some hot checks and you need to be proactive in filing a police report before they come knockin on your door. Good luck and keep us posted.

[uwishtoo]

As painful as it might be I would go to the payday loan place and ask the see the record of your transaction. I agree, maybe someone could have gotten a hold of your old checks from your checking acct??? opened a checking account in your name, etc....etc.....I would certainly do some research because if this is the case it would be possible that they also wrote some hot checks and you need to be proactive in filing a police report before they come knockin on your door. Good luck and keep us posted.

The problem is that this was done on the internet - not in person - no place I can go to see anything in writing. They have seemingly resolved it since they havent contacted me since I sent them the verification from my bank that I didnt have a checking account at all. The only way these online payday advances work is if you have a checking account to put the money into and for them to take it out of when the payments come due. Thanks

Our police department considers Internet dealings to be civil and wont get involved - so ....

[Grace]

Holy cow! I can't believe you're not totally freaked out by this!!! It's obviously identity theft since you never applied for any of these loans. It doesn't matter if this was done in person or over the phone or over the internet. Identity theft is when someone obtains credit in your name. It doesn't matter how. You need to get a fraud alert on your credit report, file a police report, and get this fixed right away!

[uwishtoo]

Holy cow! I can't believe you're not totally freaked out by this!!! It's obviously identity theft since you never applied for any of these loans. It doesn't matter if this was done in person or over the phone or over the internet. Identity theft is when someone obtains credit in your name. It doesn't matter how. You need to get a fraud alert on your credit report, file a police report, and get this fixed right away!

Nah, I am not all that concerned - they cant do anything to me - and my bank and all the credit places have been notified. I changed bank account numbers so ... this did happen one other time to the tune of about 28000 but that was when I had a checking account and a ton of credit cards on paypal and ebay and aol - and they nailed me for that amount within a month before I knew what was going on. So that is why I only have a savings account now that is flagged in such a way that even I cant take electronic funds out of it.

I am wathcing closely on anything else but there isnt anything else to watch - I only haveon credit card and that one is prepaid so they cant get anything from there either. Like I said, the police wont get involved in anything to do with the internet - they tell me it is civil

[GoingDown]

Nah, I am not all that concerned - they cant do anything to me - and my bank and all the credit places have been notified. I changed bank account numbers so ... this did happen one other time to the tune of about 28000 but that was when I had a checking account and a ton of credit cards on paypal and ebay and aol - and they nailed me for that amount within a month before I knew what was going on. So that is why I only have a savings account now that is flagged in such a way that even I cant take electronic funds out of it.

I am wathcing closely on anything else but there isnt anything else to watch - I only haveon credit card and that one is prepaid so they cant get anything from there either. Like I said, the police wont get involved in anything to do with the internet - they tell me it is civil

Your community's police department is way behind other community's if they don't think this is a serious matter. Just for your own protection, I would go down to a local precinct and file a police report about what has been happening to you, so it will be on file and on the record. If a police officer refuses to take a report about it, then ask to speak to his or her supervisor about this. If they still refuse to take a report, then write everything down on paper that has happened to you, make a copy of it, and send one copy to your local police precinct by certified mail, to prove that you at least tried to notify them of what has been happening.

Identity theft is a very serious issue, and while it seems you have done everything you can to make yourself judgment proof, there may still be some serious stuff headed your way-- such as speeding tickets, and many other sorts of crimes that might be committed in your name using false I.D. You may not find out about it until you get pulled over by a cop yourself, and when they do a database search on your social security number or name, they may find a warrant for your arrest and then take you into custody. If you already have a police report on file, it may be helpful for you.

And now switching gears to a different topic...

Which pre-paid credit card is the best, in your opinion? Can you use it for online purchases?

[uwishtoo]

Your community's police department is way behind other community's if they don't think this is a serious matter. Just for your own protection, I would go down to a local precinct and file a police report about what has been happening to you, so it will be on file and on the record. If a police officer refuses to take a report about it, then ask to speak to his or her supervisor about this. If they still refuse to take a report, then write everything down on paper that has happened to you, make a copy of it, and send one copy to your local police precinct by certified mail, to prove that you at least tried to notify them of what has been happening.

Identity theft is a very serious issue, and while it seems you have done everything you can to make yourself judgment proof, there may still be some serious stuff headed your way-- such as speeding tickets, and many other sorts of crimes that might be committed in your name using false I.D. You may not find out about it until you get pulled over by a cop yourself, and when they do a database search on your social security number or name, they may find a warrant for your arrest and then take you into custody. If you already have a police report on file, it may be helpful for you.

And now switching gears to a different topic...

Which pre-paid credit card is the best, in your opinion? Can you use it for online purchases?

Yeah I made sure that I at least talked to a lieutenant investigator that is a friend of my families and let him know what was going on. I dont know why they wont take an official report - I know damn good and well that when some guy claimed that he hadnt received soemthing I had sent to him that he bought from me on Ebay the cops were right at my front door threatening me with jail and all that crap. The cop kept getting madder and madder when all I did was sit there and smile - and he told me he was going to see to it that my smile got wiped off my face and I just looked at him again and got up from my couch and went into my home office and pulled out the receipt for when I sent the item - the DAY BEFORE !!! So the guy gave me one whole day to file a false report on me. So once the cop stopped yelling at me I went to my door and opened it and told him to get out and not make any more false accusations or come into my home yelling when he didnt know what the he** he was talking about !

But as for prepaid cards - I used a Western Union one - and I have never had any problems - the only bad thing is that if you ever have a question about it you get charged a dollar or 2 to jsut call and ask - but stay AWAY from any that are sponsored by Green Dot corporation - they are HORRIBLE !!! I went into buy my first one ever and I put down 400 on it for a trip I was going to take and then I went home to activate it and they refused to activate it - and I asked why and they told me because my home address had a fraud alert on it and I said yeah dumb a** - I PUT that alert on there - so I had to wait over a month for my money back - the store - Walgreens - wouldnt give me a refund - I had to get it from the company itself. But check with any of your Western Union places or go online to www.westernunionprepaidservices.comand there will be a place to look up a location near you to get one - they are 14.95 to activate and buy in the first place then 3.95 to fill - and yes, they act just like a debit/credit card - online or in person - anything. The best thing is that you cant spend what you dont have - if I know I want to pay for a concert ticket for example - since I go to alot of concerts - I know the day ahead of time how much and then I go and fill my card and by the time I get home the money is there - and you can register the card online at the same link as above to be able to check your activity. You can also assign a PIN to it and use it at any ATM's

[niteflytes]

Thanks for all the info on the prepaid debit cards. I have thought about using one so I can't overdraw my checking account which I tend to do when I use my debit card too much for piddly little purchases. I try to save all my receipts but some always end up getting lost. I don't like carrying a large sum of cash and I don't have any checks for my checking account.

niteflytes

[uwishtoo]

Thanks for all the info on the prepaid debit cards. I have thought about using one so I can't overdraw my checking account which I tend to do when I use my debit card too much for piddly little purchases. I try to save all my receipts but some always end up getting lost. I don't like carrying a large sum of cash and I don't have any checks for my checking account.

niteflytes

Yeah the prepaid cards are great for me - same deal here when I had a checking account - you cant overdraw or spend what you dont have

[CindyLou]

actually you CAN overdraw these. Lets say you have 40.00. You make a charge for 35.00 and the authorization is now on the card. So, the merchant doesn't get there charge batch in quick enough and the 35.00 authorization falls off. The next day you make a 10.00 purchase, only going by whether it goes through or not. If the 35.00 purchase from the day prior goes through at the same time the 10.00 goes through you have overdrawn by 5.00, which results in fees. The debit card co. has to honor both charges because they authorized them. Hope this makes sense. Be careful