This isn't a a discussion as to whether or not we should "Pay our bills"---

This is about consumers' rights when it comes to the collection of debts.

Thanks for playing.

It's just so contradicting its the same thing for you guys the law just decides to protect you all for what reason who knows saying when you can and cannot call,and limiting what they can tell you to collect the debt. If you owe money pay it back in the 2 week period and you won't be in the collections in the first place.

Jenn posted: "I got a call from a Jessica Bailey that works with the mediator company Stein and Bauer she says. I got a payday loan over 2 years ago and could not pay it." For proving how someone actually took out a loan without the intent to pay it back, you should probably look for the ones who took out the loans "Fraudulently" by changing up the SSN's and using different alias, but of course who in the right mind would want to admit to the right because that would for sure get them some time. Even if the case isn't that extreme they're are some people who just don't care, trust there a many people who have taken out payday advance loans and they knew they weren't coming back in 2 weeks to pay it back, sad....but true.

I am not saying to pay a debt you don't owe. If you know that you borrowed the money pay it back. Yes you do have to be careful because yes some people are scammers but not all are.

Again, You guys like to play stupid like they come from out of no where. Just simply pay back your payday advance loans, within the 2 week notice that you promised when you received the loan and you won't have to worry about the "Annoying" phone calls once your bill has reached collections. You guys ignore the phones calls from the actual pay day loan company because you knew when you took the money you had no way of paying it back, and some of you planned not to in the beginning. So they deemed you uncollectible moving your case to collections. I don't even understand why they even make laws protecting "Thieves" saying when you can and can't not call, and what you can and cannot do to redeem the money. So...what makes me a "Fraud"? You say they mention bank accounts you "never had" and loans you never took out, well you better dig deeper because if it "wasn't you" someone else did...which does make any sense because you need to have photo ID and must leave your right thumb print. So forget about saying it wasn't you they're looking at you to pay back the debt plain and simple. Then, another thing that really pisses me off are the ones who take the time to do all of this research find out that the case is actually a civil matter and not a felony. Those who do this are the ones who actually remember taking out the loan they just never paid it back, so they figure "Oh I'm not going to jail why bother to pay it". We all need to reexamine ourselves seriously.

Speaking of frauds, how are you???

Hey, you low-life bottom feeding shill.  Save your pedantic pontifications for someone who might actually believe you.  Where in this thread did anyone posting a complaint about the number even indicate they had taken out a payday loan?  How on earth could you ever expect anyone in the world to believe you could prove anyone had taken out a loan without the intent to pay it back?

If you can proffer a valid response to either of my queries?

Nice try shill, but your [removed:lang] My favorite quote from your fictitious post is "I called my attorney as soon as I got there with my wife on the line. he filed for something called a "Motion of Discovery".  So, they allow three-way calling at the station where you were booked?  Your attorney filed a motion of discovery on the spot (and got the information)?

A few more of the surreal claims you make include that you allegedly spent spent 79 days in jail on a capias What country where you in?  Who on earth do you expect to believe you?

Nice try shill boy.  But like to prototypical shill, you are functionally illiterate.  If actually had a primary-level reading comprehension, you would not that folks posting in this thread have claimed they never lived in the area where they check was alleged to have been written, or did not even have an account at the bank in question.

You asked "How is it right to borrow money from someone/or a pay day advance company and not pay it back expecting not any consequence".  Okay, please cite an example of any poster in this thread claiming to have done that.

I await your erudite response.

Just listen to yourself.
You are defending criminals.

Informational Post:

Section 809 of the FDCPA http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf requires 3rd-party debt collectors to give debtors written notice of debt (the key word is *shall*) :
"§ 809. Validation of debts
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing?
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer?s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor."
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A Collection Agent May Not?

Here are the top 11 actions prohibited by the The Fair Debt Collection Practices Act:

Misrepresent Him or Herself

  A debt collector may not misrepresent himself as an attorney or law enforcement officer.

Use the Telephone to Annoy or Harass

  A collection agent may not cause a telephone to ring or engage any person in telephone conversation repeatedly or continuously with an intent to annoy, abuse, or harass anyone at the called number.

Threaten Arrest or Lawsuit

  A collection agent may not threaten a consumer with arrest. It may not threaten legal action that is either not permitted or not actually contemplated. In other words, a the threat of a lawsuit may be an empty one.

Use Abusive or Threatening Language

  A debt collector may no use abusive or profane language in the course of communication related to the debt.

Publish a Bad Debt List

  Publishing the consumer?s name or address on a "bad debt" list is prohibited.

Contact By Embarrassing Media

  A debt collector may not communicate with a consumer by post card. It may not use any language or symbol, other than the debt collector?s address, on any envelope when communicating with a consumer by use of the mails or by telegram. A debt collector may use its business name if such name does not indicate it is in the debt collection business.

Contact a Consumer at Work

  A collection agent may not communicate with consumers at their place of employment after being told this is unacceptable or prohibited by the employer.

Seek Unjustifiable Amounts

  A debt collector may not demand any amounts not permitted under an applicable contract or as provided under law.

Contact a Consumer Represented by an Attorney

  A collection agent may not contact a consumer after it learns the consumer is represented by a lawyer.

Communicate With a Consumer After Receiving a Validation Request

  If a consumer sends a written §1692g response within 30 days, the collection agent may not communicate with the consumer until it mails the consumer the requested verification of original creditor's name and address.

Communicate With Third Parties

  A debt collector may not reveal or discuss the nature of a consumer?s debts with third parties other than the consumer?s spouse or attorney. A collection agent may contact neighbors or co-workers only to obtain location information. It may contact a third party again if it has reason to believe the information the party provided previously is false.

Bills.com FDCPA FAQ

Below are questions Bills.com readers ask frequently:

Can a Collection Agent Call My Cell Phone?

  Yes. However, if you tell the debt collector it may not use that number because it is a cell phone, it may not contact you again at that number.

I Keep Receiving Dozens of Calls From Collection Agents. Is That Legal?

  No. Unscrupulous collection agents will use "block parties" or "office parties" where they contact a consumer, multiple neighbors, or co-workers telling them they need to reach the consumer on an urgent matter. This is not permitted under the FDCPA.

A Collector Says I Will Be Arrested if I Do Not Pay

  This was a true statement before the US Civil War, but has not been true since. People may be arrested if an aggressive judge files a bench warrant for a person who does not appear at a hearing relating to a lawsuit regarding a debt. However, in that case, the offense is the failure to respond to a court order, and not the existence of the debt. As stated above, it is illegal under the FDCPA to threaten a consumer with arrest if the consumer does not pay the debt.
*****************************************************************************

Please do file reports with the FBI, your state attorney general and Department Of Justice,FTC & FCC..

http://www.ic3.gov/default.aspx
http://www.fbi.gov/
https://www.ftccomplaintassistant.gov/
https://esupport.fcc.gov/ccmsforms/form1088.action

Also read up on the laws and your rights:

http://www.ftc.gov/os/statutes/fdcpajump.shtm
http://www.consumerfinance.gov/askcfpb/search ...
http://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf

And see:

http://800notes.com/forum/ta-86217073a9c8dad/ ... 077595690349410
************
http://www.consumer.ftc.gov/articles/0258-fake-debt-collectors
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http://www.deadiversion.usdoj.gov/pubs/pressreleases/extortion_scam.htm

Seriously your just a shill for the scam..

Extortion Scam Related to Delinquent Payday Loans

Washington, D.C.
December 07, 2010  FBI National Press Office
(202) 324-3691

? filed under: Press Release

The Internet Crime Complaint Center has received many complaints from victims of payday loan telephone collection scams. Callers claim the victim is delinquent in a payday loan and must repay the loan to avoid legal consequences. The callers purport to be representatives of the FBI, Federal Legislative Department, various law firms, or other legitimate-sounding agencies. They claim to be collecting debts for companies such as United Cash Advance, U.S. Cash Advance, U.S. Cash Net, and other Internet check-cashing services.

According to complaints received from the public, the callers have accurate data about victims, including Social Security numbers, dates of birth, addresses, employer information, bank account numbers, and the names and telephone numbers of relatives and friends. How the fraudsters obtained the personal information varies, but in some cases victims have reported they completed online applications for other loans or credit cards before the calls started.

The fraudsters relentlessly call the victim?s home, cell phone, and place of employment. They refuse to provide any details about the alleged payday loans and become abusive when questioned. The callers have threatened victims with legal actions, arrests, and, in some cases, physical violence if they do not pay. In many cases, the callers harass victims? relatives, friends, and employers.

Simple, its extortion scam and you don't pay a bill you don't owe period! The threats are against the laws also!

Extortion Scam Related to Delinquent Payday Loans

Washington, D.C.
December 07, 2010  FBI National Press Office
(202) 324-3691

? filed under: Press Release

The Internet Crime Complaint Center has received many complaints from victims of payday loan telephone collection scams. Callers claim the victim is delinquent in a payday loan and must repay the loan to avoid legal consequences. The callers purport to be representatives of the FBI, Federal Legislative Department, various law firms, or other legitimate-sounding agencies. They claim to be collecting debts for companies such as United Cash Advance, U.S. Cash Advance, U.S. Cash Net, and other Internet check-cashing services.

According to complaints received from the public, the callers have accurate data about victims, including Social Security numbers, dates of birth, addresses, employer information, bank account numbers, and the names and telephone numbers of relatives and friends. How the fraudsters obtained the personal information varies, but in some cases victims have reported they completed online applications for other loans or credit cards before the calls started.

The fraudsters relentlessly call the victim?s home, cell phone, and place of employment. They refuse to provide any details about the alleged payday loans and become abusive when questioned. The callers have threatened victims with legal actions, arrests, and, in some cases, physical violence if they do not pay. In many cases, the callers harass victims? relatives, friends, and employers.

How can you say that, even if what they are doing is against the law. How is it right to borrow money from someone/or a pay day advance company and not pay it back expecting not any consequences. Pay the loan even if it is in collections if they have all of you personally information its mostly likely really, and some of you guys are just as fraudulent using different SSN's and aliases to take out pay day advance loans...shameful. So just pay the people and clear the debt its just that simple and don't do it again.

Seriously you guys are ridiculous, especially when you all know you have taken out Pay Advance Loans just pay the people they are not a scam. Yes. they are collectors but it is not a scam I don't like the way they pressure you guys by telling you are going to be arrested in 24/48 hours, but its also sad when a DEBTORS like yourselves borrow money especially with no intent to back it back. You guys act like you have no idea what they are talking about when they mention the loan and the amount that is owed with of course added interest because it is probably years old.So YES you took the money so you need to pay it back. Its only right. Just speaking from personal experience.  

Oh yeah...her number is 281-674-7142 something like that.

I received a call from some lady. She told me something about a capias but I wasn't trying to hear it because I felt as though I had nothing to worry about. This lady asked me for my information and I told her to go f*** herself and she said that I would have a capias issued for my arrest. I still didn't believe her. I thought that she was trying to run one of those scams from overseas not realizing that she was 100% American. Forgetting about that phone call, I would say that about 2 months passed which was round about June 16th. I was riding in the car with my wife and she was pulled over for a brake light being out. I must have appeared to be rude to the cop because I just wanted to get home. The officer then asked me for my identification then came back to ask me to step out of the car. I asked him what was going on and he told me that I was being detained because I had an arrest warrant for my arrest. I still couldn't why I was going to jail until I got in the back of the car and the officer said that I was going down for fraud. I called my attorney as soon as I got there with my wife on the line. he filed for something called a "Motion of Discovery". He was able to get affidavits which explained what was going on. I then remembered that phone call from the lady. I think her name is Christine something. can someone plz help me find this bi***. I want to personally thank her for ruining my f****ng life. I spend 79 long a** days in that facility and was just released 2 days ago because she was so rude and wanted me to go to jail that bad. She caused me to lose everything almost. I'm wondering if there's any way that I can sue her. someone help me plz.

Phone numbers are 15092323208, 12812058388, and 2816747142

I have had the some thing happen to me it is a scam.  We need to report these people to the FTC.  That is how it will get investigated.

I just started getting the messages and calls as well.  They said they filed charges with the county courthouse and i could be arrested.  They also called my employer as well as some family members.  They really know how to scare you..who can you report them too?  If people keep reporting them how are they still in business?  How do they sleep at night?

No, they can't take you to jail.  And they can be charged with violation of the FDCPA for threatening you with felony charges for fraud.  Debt is a civil matter, you can't be arrested for failing to pay a loan back.  

Did they send you the legally required debt validation letter, showing original creditor, amount owed, date of loan, date of last payment, and whether they are licensed to claim and collect debt in your state?  If they did not mail or refuse to mail you any proof you owe the debt, do NOT pay them!  

It is the debt collections agency's responsibility to prove you owe any debt.  Report the calls to the FTC, the FBI and your state's Attorney General.  Let them know that any further calls they make to you will be recorded and forwarded to your attorney for violation of the FDCPA regulations.  If you do have an unpaid debt, call the original creditor and find out if they sold the debt to these people.  Even if they did, the callers can be sued for these FDCPA violations.

See Elspeth's post above.  Debt is a civil, not criminal matter.  They are the ones breaking the law if they threaten jail.  They are the ones that belong there, not you!

It's a scam - there are NO felony charges for failing to pay a payday loan.  These scammers call and frighten people into paying bogus debt.  Even if you did fail to pay the loan - the callers most likely do not have the right to claim and collect this debt in your state.  Absolutely add the debt to your bankruptcy case.  Report the callers to the FTC and your state's Attorney General.  You could also report them to the fraud dept at your local police station.

Don't let them scare you.  If they had proof you owed the debt to them, they'd have already sent it as per FDCPA regulations.  If they call back, let them know you've reported them and also that you're recording all calls from them to give to your attorney for violations of the FDCPA.

Omg !! Just received that call today! Talked to Amy Jackson and Sandra Hicks. They told me that mine was from Advance America for $312 but after legal fees its $612. They told me that there would be 2 Felony charges for Fraud and that I had 24 hours to pay or they would turn it over to the day. Scared me. I'm from Mississippi and I'm not familiar with the laws. I was about to start selling stuff but after seeing these comments I'm wondering if they can really take me to jail
913-586-0332 is Sandra Hicks' number and 913-232-2804 is Amy Jacksons

Omg !! Just received that call today! Talked to Amy Jackson and Sandra Hicks. They told me that mine was from Advance America for $312 but after legal fees its $612. They told me that there would be 2 Felony charges for Fraud and that I had 24 hours to pay or they would turn it over to the day. Scared me. I'm from Mississippi and I'm not familiar with the laws. I was about to start selling stuff but after seeing these comments I'm wondering if they can really take me to jail

I got a call from a Jessica Bailey that works with the mediator company Stein and Bauer she says. I got a payday loan over 2 years ago and could not pay it. I retained a bankruptcy lawyer and was going to add that debt in my case. Jessica stated that I am going to have 3 felony charges brought against me. I am so worried and upset. Has anyone else had this problem???

I JUST RECIEVED A SIMILAR CALL. THREATENING A FELONY CASE AGAINST ME.... BUT IF I PAY THEM NOW ITS ALL SET. BACK IN 2008 I USED ADVANCE AMERICA AND JUST GOT DEEPER AND DEEPER BORROWING TO PAY BACK THE LAST BORROW UNTIL I COULDNT PAY ANYMORE . I HAVNT HAD A CHECKING ACCOUNT SINCE 2008.

David Houston call me on my cell phone today from 1-913-586-0341. He told me he was calling because I had been charged with some type of fraud and writing bad checks and I owed over 1,000.00  David's tone was alright until I started bombarding him with questions because I had no idea what he was talking about and he wasn't being precise and detailed with his information.  David made threats that was just calling me out of courteousy (like he was doing me a favor) and later threatened that he just needed to know where to send the police to come and pick me up.  I kept asking if all this was true where could i go and get this information locally. I asked do i go to my local police department (because David was trying to make it seem as if there was a warrant for my arrest)  I asked David questions about his name, where he was calling from, then he made some comment about knowing where he was calling from really being irrelevant because he was located in Kansas.  So i asked again so where do i go to get this information locally? He kept trying to get my address.  I asked the name of the company he was working for he said it was Tori and Matthews. David told me that he was a private investigator. The more I asked questions to get a better understand because things weren't making sense the more frustrated he got... He ended the conversation saying threatening I needed to get the district attorney to represent me because I was being charged with a felony and he hug up the phone in my face.  

When I got off the phone with David I began my own research. He told me the name of the bank that I fraudulently used and I kept saying I've never had an account with that bank etc... So I looked up the bank and the bank's name had actually changed. So I told the bank what I had just experience and they could not locate information on me in the system.  I looked at my credit report and saw that the debt David Houston was actually trying to throw me in jail for is on my credit report.  It was a payday loan through Advance America.  It is schedule to fall off in 2015.  The next thing I did was called the collection company number listed on the report which was Northern Resolution Group (888) 447-2490.  I spoke with a lady named Jerry Angelo who was sort of hesitant in giving me her name.  She advised me that her company is debt buyer. and they had sold the Advance America debt to Vantage Point.  She gave me the contact information for Vantage point and I spoke with a Woman by the name of Sandy.

I work in debt collections and federal law mandates for us to say the mini -miranda/ monitored disclosure statement: "our calls may be monitored or recorded this is an attempt to collect a debt by a debt collector any information obtained will be used for that purpose" if this statement is recited at the start of each phone call before giving our any information the account the company as well as the representative over the phone can be sued.  I asked both debt collection companies if our calls were monitored or recorded and they both said no.  Which didn't make me feel any better because now I could prove the conversations I was having unless i was recording it myself.  

Sandy told me vantage point had recently purchased by debt in 03/2013. I could easily resolve it by paying it in installments or just a one time payment/ settlement offer.  So I said to Sandy, Well I don't understand, David Houston Called me this morning wanting to lock me up in jail and wants me to get the district attorney to represent me but you on the other hand say I can make payments to resolve this debt.  Sandy told me that as far as she knew that I wasn't going to jail... I reminded sandy that I worked in debt collections and know how you have to say what you need to say to convince the debtor to pay... I asked sandy if they were working with the law firm by the name of TORI AND MATTHEWS sandy said no.  So i asked sandy to hold while i called David Houston back on three-way because no one was making sense (or at least these weren't the normal debt practices I was aware of) DAVID HOUSTON DID NOT ANSWER HIS PHONE IT CONTINUALLY WENT STRAIGHT TO VOICE MAIL.  THEN IT WOULD RING AND THEN GO STRAIGHT TO VOICE MAIL AND I CALLED SEVERAL TIMES DAVID GAVE ME HIS CALL BACK NUMBER OF: 913-586-0342 AND HE DID NOT ANSWER.

I READ A POST SIMILAR TO MY SITUATION WHERE THE GUYS NAME WAS LARRY DANIELS AND HE WOULD NOT PICK UP/ ANSWER HIS PHONE WHEN THE CONSUMER TRIED TO CALL HIM BACK.  I CALLED THE 913-586-0335 number and a man answered the phone with a very suspicious "Hello..." I said "Hey, is larry there?" he replied this is Larry. Who is this? I gave some random name and he asked "DID YOU GET A VOICE MAIL OR SOMETHING? i said no I found your number online and I was trying to get in touch with david houston. He said they had a DAVID PRICHARD.  I told him the man I spoke with told me his name was DAVID HOUSTON (OH BY THE WAY HIS VOICE MAILS SOUND LIKE HE PRONOUNCES HIS NAME AS HUGHES BUT WITH ME HE SPECIFICALLY SAID HOUSTON)  LARRY HUNG UP THE PHONE AND WHEN I TRIED TO CALL BACK IT WENT STRAIGHT TO VOICEMAIL.

As a last straw I decided to call David Houston/ Hugh's bluff and contact the district attorney's office.  I explained to the woman everything that is noted here and she said to me that that's not how it works, it's not that simple as far as involving the district attorney that realistically I wasn't about to be arrested.  She told me to make sure I kept records of everyone I spoke to. And what David did over the phone is considered threatening that I am not required to give out any information nor to be threatened and she advised me to file a complaint withe the FCC... Which I am working on as well... Sandy from vantage point made a comment that it may just be a tactic to scare me into paying the debt but she knew this is what i felt and this is when i told her that i work in collections and know that you want to say whatever you can to ease the debtor's concerns to get the money.  But the woman I spoke with over the phone at the district attorney office felt it was a scam as well...
Caller: Torre and Mathis/ Matthews, David Houston/ Hughs (P.I.)
Call Type: Debt Collector

Got a message too. They did a background check and found my information to contact my son. If they can do that why can't they find him.Told them never call my place of employment but to move forward with their legal treats, felony warrant etc. Than well see them in court.

same here they keep on calling I just talked to Jessica Bailey and she wouldn't give me any information she just told me im going to get arrested and  be held in jail for 48 hrs for check fraud.... just because I told her I will wait for the state attorney to call me with the charges before I pay for anything... I told he I have never wrote a bad check in my life so she is wrong and she got pissed and rude with me and hung up after saying I was going to be arrested..... I don't know how to get them to stop calling me Im thinking of calling the state attorney to report this....