payday loan? HELP!!

[michelle1181]

Hi everyone, wanted to provide an update on my situation. My BK was discharged Aug 2011 (hooray) and I thought that I was home free. I even got an attorney to look into this matter for me (pro bono) and he says that it's just a bunch of ppl preying on debtors. It's been a long time since I've heard anything, but today, I got a call from an office, saying that they are going to file 3 bank fraud charges on me in my county. They said that they are not trying to collect on my debt, rather they are going to take legal action against me for closing my bank account when they were trying to debit it (it was a payday loan company online).

I fell on hard times, and I was not trying to defraud anyone, I had to close my account to be able to stop the overdraft fees from happening. Can they really file something against me, even if my bk has already been discharged so many months ago?

[justbroke]

No! And shame on them for using that excuse to attempt to collect the debt! I would be very very (personally) motivated to re-open my case (for free via fee-waver) for sanctions! That is nothing short of wrong. The bankruptcy code even states that if it was fraud, then they should have filed in the Bankruptcy court to have it non-dischargeable! If they are that certain, they can still file to re-open and file fraud charges.

I think this is a shakedown. I'd put them on warning, in writing, that should they again attempt to collect a debt or coerce or otherwise threaten legal action, then that is in violation of the permanent discharge order.

[LadyInTheRed]

I agree with JB, you should go after these people. If you don't feel up to doing it pro-se, try contacting the attorney you consulted with and ask if he is interested in doing it pro-bono or on a contingency basis.

Whatever you do, don't get into a discussion with these people when they call. Ask for their name, company name, telephone number and address and log the date and time of the call. If they have the guts to sue you, let them. You'll have a nice cross-claim. Don't let them scare you. It may help to read about the affirmative defense of "unclean hands" http://definitions.uslegal.com/u/unclean-hands/

[mountanddo]

I really don't want to deal with the hassle with opening an account -- what are the chances that the debt collector can find out my new card number? They don't have my checking acct number, only the cancelled debit card number .

Boy was I gonna yell at you if I hadn't read farther since the FIRST thing you should of done was go close your checking account whether you thought it was comprimised or not so I'm glad you did that.

I am ashamed to admit that the first thing I thought when I read this was the nigerian scams and how easy it must be for them to make millions scaring the hell out of people. We all make stupid mistakes and hopefully this will stop someone else. Never give your bank information to ANYONE over the phone. Wait for them to sue you. If they are legit they won't have any problem showing up in court legally. Otherwise, hang up on them when they call.

[IamOld]

These guys are are scammers and scum...Do not talk to them..Cal your Atty and like the others said maybe your Atty or a good consumer's rights Atty will have some fun with them. OH and report them to the new Consumer Protection Bureau!

[AngelinaCatHub]

Fact is, many people have been paniced in like fashion when they were not even in bk nor in debt. It is a blatant scam. I get threats quite a lot and when I ask whom my be at the end of the line, or what are you talking about (as of today) I get a "I'm sorry for the mistake" and a hang up. Cell phones I have noted, have so much of this kind of "spam" crap. 'Hub

P.S. (Picture a fish facing a worm on hook) If you do not open your mouth, you will not be caught.

[mountanddo]

They said that they are not trying to collect on my debt, rather they are going to take legal action against me for closing my bank account when they were trying to debit it (it was a payday loan company online).

You have some nerve closing your account just when they are about to debit it and take all you have. Shame on you! LOL

Seriously? Stop worrying, no one can get you for fraud but YOU can get them. Will you?

[keepsmiling]

These guys are unfrickin'believable. That is Chutzpah with a GIANT C
Michele, YOU are in the driver's seat. Do NOT be intimidated by this creep.
PLEASE pretty please go get these shysters!
Cash in your pocket at grand a crack. Go for it.

[AngelinaCatHub]

These guys are unfrickin'believable. That is Chutzpah with a GIANT C
Michele, YOU are in the driver's seat. Do NOT be intimidated by this creep.
PLEASE pretty please go get these shysters!
Cash in your pocket at grand a crack. Go for it.

Not only our OP would be applying "poetic justice" but may just get a bit of reward to start her new start off right. If she can work a deal on contingency a 60/40 split would be worth a lawyers time. The application of a punitive sanction of these 400% interest goons might make them go honest for a while. Like till the next call. 'Hub