Calls at work!!

[pambysue]

Does anyone have any advice on how to handle a STUPID (and I mean stupid on MY part for getting involved with them) payday loan company from calling me at work? I have received several calls over the past month at work from US Fast Cash regarding a $400 loan I had with them last year. This was taken out when I was TRYING to save my house & avoid BK, but since then..my house is gone and I am now in the process of filing the ch 7 BK.
Anyway..I have asked them not to call me at work, as personal calls are not allowed and I can & will get into trouble for it. They have my cell phone number. I got a call the day before yesterday and the woman got very nasty and said..well, we're just getting FED UP with trying to contact you! I told her I havent received any calls at my number and I repeated that I can be reached at that number anytime after 2 pm and I CANNOT get calls at work as they are recorded! She said.."Well then, why dont you just take care of it NOW and I wont have to call you back!!"
If I COULD take care of it now..I WOULD just to shut her up!
Anyhow..she took my number AGAIN and said..fine I will call you back at 2 pm! Well..she never called back. Yesterday..I got another call at work from the same woman while I was out of the office. I knew it was her from the way my co-worker said she pronounced my name.
I want to get an address for them so I can send them a certified letter stating NOT to contact me at work, but they refuse to give their address to me. Is there anyway to find an address for US Fast Cash? I will need it anyway when I file my BK the end of next month.

Thankyou all!

[CATCHMEIFYOUCAN]

why dont you just trick her and say FINE - you will send a payment but you need an address and than you send the certified letter instead stating they need to stop calling per the fair act credit thing ! THAT IS IF she doesn't fall for the trick ! you don't have a receipt of some sort when you got the loan to begin with ?

[poorme]

Have you read the sticky topics in this very thread? There are several resources for you to use, including sample letters. Start with "How to deal with Collection Agencies".

You had to go to their place to get your loan correct? Send the certified letter to that address, or have a friend go in and ask for their 'payment center' address.

[almostthere]

It's unfortunate you are having to go through this garbage. I ditto poorme: lots of good information already posted so definately read through the sticky's and do a search. I don't have experience with payday loan places and I am counting my blessings!!

Are you planning to hire an attorney? Most of my creditors stopped bothering me once I informed them that I had retained an attorney and gave them his info. I don't know how effective this would be against calls from a payday loan company though. I only paid $50 for retention, perhaps a reasonable price to keep a job even if you decide not to go with that attorney afterwards.

[BKTango]

Tell them point blank, they have been told not to call your job and if they continue to do so, they are in violation of the Fair Debt Collections Practises Act and you will report them. Tell them anything they need to discuss with you needs to be sent in writing.

[pambysue]

Thankyou all for your advice!
Unfortunately, this loan was obtained online so I didnt have to go into any place to sign anything and everytime I've asked for their address they give me a runaround. They tell me they can't do that. They say that I can send my payment to them via western union (yet another fee!). These folks are definitely loan sharks and I have SOOOO learned my lesson from trying to deal with them. I'm thinking I may just put my BK off for 2 extra weeks (putting me into June) and pay them their crazy $400 from the money I wanted to give my lawyer. But..they STILL wont be able to get it until the end of May..so, until then, I am going to continue to dodge them. It is so frustrating and it really is ruining my nerves! I know it's my own fault, but I wish they would be less aggressive and SEE that I would LIKE to pay them sooner.
Thanks again!!!

[tay666]

Actually, if you pay them, the court might look at it as a preffered payment.
Which could cause you some trouble.

[treehugger1]

The FCPA and other federal laws generailly refer to "debt collection" agencies, not the original creditor. However, many states have laws prohibiting a creditor from contacting you at work if you have informed them that such calls are not allowed. I would check the laws of your state. Having done this, contact and file a complaint with your state attorney general's office (this can often be dome online). These folks can be ruthless and your best bet might be to negotiate a $25 - $50 monthly payment.

You should also check and see if the PD lender is legally authorized to loan money in your state. If not, you have some leverage as many states are aggresively going after online unlicensed PD loan companies offering loans to citizens of the state. You might need to pay the original amount (principle) borrowed. But, an unlicensed lender has no footing to charge you interest if they are not licensed to do so. Every state sems to have different laws related to this.

Payday lenders are treated the same as any other unsecured creditor in BK as far as I've heard. Once you file, and they are listed as a creditor, they cannot violate the automatic stay. If they do, please inform your attorney so that he/she can take appropriate action. Interestinly enough, if the lender is not licensed in a state where they are required to be licensed, it is highly unlikely they would ever file for a claim. This would be admitting they were lending money outside of the legal requrements. Check with an attorney.

[treehugger1]

Need to add

If the payday loan company is not authorized to lend in your state, offer them their principle and also file a complaint with the state AG's office. Let the company know you are filing a complaint with your AG's office and are forwarding all your documentation regarding the loan to the AG's office.

The big problem with then calling you at work is that they are "original creditors" and the many consumer protection laws only apply to second and/or third party collection agencies. But, i believe you have the right to tel them such calls are not allowed at yoru workplace. If they will not give you an address, send them a fax and/or an email requesting them tp stop contacting you at work. Build a solid paper trail of your contacts with them.

[treehugger1]

Related Information

decent information related to the federal laws on collection can be viewed at the site

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

Best wishes.

[pambysue]

Thankyou SOOO much for all the valuable information!
I am definitely going to research them a lot further (which I should have done BEFORE taking a loan out!).

[bezoar]

If you've already retained an attorney, he/she should be handling this for you. Ours told us to keep a log (time called, names, company names, etc) of any creditors that continued to call despite being given atty info, and that he'd take care of it. We had a little trouble w/ "Encore." Whatever he did stopped it rather quickly.

Also, your state may have laws pertaining to telephone harrassment that may help you against an original creditor that is not subject to the FDCPA.

I'd try to let the atty do what he/she is being paid to do, though - it's a part of the "service" to keep creditors @ bay.

[BKOnce]

But do NOT say : "Do NOT call me at this #"..... All collectors like it very much!.. It proves that you are weak, easy prey to their threat tactics.

[mattson06]

pam try this address Rio Resources, LLC Aka - US Fast Cash, United Cash Loans, Emergency-Cash-Loans.com
Address:
515 GS E Or 3531 P. Street NW
Miami Oklahoma 74355
U.S.A.
Phone Number:

800-354-0602
pam, Rio Resources is thought to be parent company of many online payday loans. if you are researching www.ripoffreport.com has many people that have had trouble with these folks. hope this helps.