I received the following illiterately worded email and faux consumer loan agreement threatening to take legal action if I don't begin making pay arrangements right away: (I erased all of my personal information before pasting these messages.)
DON'T IGNORE THIS MESSAGE
KINDLY FORGIVE US IF YOU RECEIVE THIS EMAIL IN JUNK/SPAM FOLDER
PLEASE DO NOT FORCE US TO DRAG YOU TO COURT HOUSE AND RESPOND US IMMEDIATELY
My name is Andrew Hobart and I am a legal advisor with "EZ CASH". This is about a lawsuit against "XXXXXXXXXXXXX" with social security number XXX-XX-XXXX.I want you to note down the case number that is LA67519305. We are sending you the consumer loan agreement between you and the company. Please check the attached file with this email.
STRICT NOTE: THERE IS NO CONCERN WITH BANKRUPTCY AS PER OUR TERMS AND CONDITIONS.
If you are not willing to return this loan back, then just notify us so that we can file a lawsuit against you for MONEY FRAUD in superior court house and all this things will be informed to your employer and your references.
Affidavit: Our client is pressing charges against your name regarding three serious criminal allegations:
Count (1) Violation of Federal Banking Regulations
Count (2) Collateral Cheque Fraud
Count (3) Theft by Deception
Now, this means three things for you.
If you are under any state probation or payroll I need you to inform your superior or manager what you have done in the past and what would be the consequences once the case has been downloaded and executed in your name. This is to inform you that the creditors do have all the rights and authorities to inform your employer what you have done in the past and what will be the consequences once the case will be downloaded and executed against your name. The entire cost for this law suit is $5468.89 which is excluding loan amount, attorney's fees, and the interest charges. You have all rights to hire an attorney.
AS PER CHAPTER 7 AND 11 WE HAVE ALL THE RIGHTS TO INFORM ALL THIS TO YOUR EMPLOYER, LOCAL SHERIFF, REFERENCES, FTC, BBB, FBI AND SOCIAL SECURITY DEPARTMENT.
OUR FBI OFFICER IS ROBERT JOHNSON AND OUR ATTORNEY'S NAME IS ALBERT SPILLER
IF YOU MAKE YOUR OUTSTANDING AMOUNT BY TODAY THEN WE WILL HOLD YOUR CASE OR ELSE FBI OFFICER WILL INVESTIGATE AND MY LAWYER WILL DOWNLOAD YOUR LAWSUIT IN COURT HOUSE.
IF YOU ARE GENUINE PERSON AND DO NOT WISH TO GO IN JAIL OR BLACKLIST YOUR SSN THEN PAY AT LEAST SOME GOOD FAITH AMOUNT TODAY.
CONSUMER LOAN AGREEMENT
Month: Sept. 2010 Account Number : SNR-1030369
EZ PAYDAY LOANS
2160, Burton Way
Los Angeles, CA 90022
In this Consumer Loan Agreement (hereinafter referred to as the Agreement) the words you, and your mean each and all customers who have signed it. The words we, us, and our mean (EZ PAYDAY LOANS). YOUR PROMISE TO PAY You promise to pay us the Total of Payments shown below and other charges identified in this Agreement. On the date stated in your Payment Schedule you will pay us, at the address indicated above, or at such address as we direct you in writing, the amounts stated. Any unpaid balance of the Amount Financed after the final installment due date will bear interest at the same Annual Percentage Rate as was assessed before maturity.
FEDERAL TRUTH IN LENDING DISCLOSURES
ANNUAL PERCENTAGE RATE
The cost of your credit as a yearly rate.
The dollar amount the credit will cost you.
The amount of credit provided to you or on your behalf.
Total of Payments
The amount you will have paid after you have made all payments as scheduled.
Your Payment Schedule will be:
One Payment in the Amount of $200.00 is due on Nov 5th 2010. Second Payment in the Amount of $200.00 is due Nov 19
Security Interest: Your check is security for this Agreement.
Prepayment: If you pay off early, you may be entitled to a refund of part of the finance charge.
Late Payment: If you fail to make all or any part of a scheduled installment on or before the 10th day after its scheduled or deferred due date, you may be charged $10.00 or 5% of the unpaid amount of the installment, whichever is less. If interest is assessed after maturity, no late payment fee will be charged on the final installment. See the contract provisions on the reverse side for any additional information about nonpayment, default and prepayment refun ds.
Itemization of Amount Financed: Amount given to you $ 300.00, Amount paid on your account $300.00 You warrant and represent that you are not a debtor under any proceeding in bankruptcy, insolvency or reorganization and have no
intention to file a petition for relief under any chapter of the United States Bankruptcy Code.
NOTICE TO CUSTOMER
A) DO NOT SIGN THIS BEFORE YOU READ THE WRITING ON THE REVERSE SIDE, EVEN IF OTHERWISE ADVISED.
B) DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES.
C) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN.
D) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT AND
YOU MAY BE ENTITILED TO A PARTIAL REFUND OF THE FINANCE CHARGE.
SEE REVERSE SIDE FOR ADDITIONAL PROVISIONS ADDITIONAL PROVIS IONS
METHOD OF PAYMENT: Your personal check in the amount of the Total of Payments stated in the federal Truth in Lending
Disclosures will be held by us as security on this Agreement. You agree that we may deposit this check on the payment date if you have not paid us in cash, cashiers check, money order or other immediately available funds in the amount of the Total of Payments before close of business on the payment date. If full payment is made prior to the deposit of your personal check, we will return the chec k to you at the time we receive full payment.
RETURNED CHECK CHARGES : Pursuant to section 422.202(1) (d) of the Wisconsin Statutes, you agree to pay a fee of $15 for each check presented for payment that is returned unsatisfied because drawer does not have sufficient funds in drawers account, d rawer does not have an account with the drawee bank or drawer does not have sufficient credit with the drawee bank.
PREPAYMENT: You may prepay this agreement in full or in part at any time without penalty, except you may be assessed a minimum finance charge of $5 when the amount financed is $75 or less and $7.50 when the amount financed is greater than $75. Earned finance charges are determined by applying the annual percentage rate to the unpaid balance of the amount financed for the actual time those balances were unpaid. You are not obligated to pay the unearned portion of the disclosed Finance Charge.
DEFAULT: A customer shall be in default under this Agreement when the payment remains unpaid for more than 40 days after its scheduled or deferred due date, or if the customer fails to comp ly with any of the terms of this Agreement if the failure materially impairs the condition, value or protection of or the Lenders right to the collateral or materially impairs the customers ability to pay the obligation due under this Agreement.
LENDERS RIGHTS IN THE EVENT OF DEFAULT: In the event of default, and if you have the right to cure the default pursuant to sec. 425.105, Wis. Stats., you fail to cure the default within 15 days after you are given notice of the default, the lender may declare the whole outstanding balance due under this agreement payable at once and proceed to collect it, including commencing legal acti on. TIME: It is essential that you make your payment on time.
WAIVER: You agree to be liable for the repayment of this Agreement even if we do not give you notices such as presentment, protest, demand, and notice of dishonor. We shall not waive any of our rights under this Agreement by making an accommodation for you or someone else. No waiver, consent or approval by us or changes or amendment of this Agreement shall be effective unless it is in writing and you and we have signed it.
CREDIT REPORTING: We may report your performance under this Agreement to credit reporting agencies. You agree and hereby authorize us to obtain credit reports on you at any time any portion of the Total of Payments remains owed to us. You specifically acknowledge and agree that we may disclose any default by you under this Agreement, along with any other relevant information , to credit reporting agencies.
JOINT AND S EVERAL: If this Agreement is signed by more than one customer, you each agree to be liable to us jointly, and each of you will also be liable to us individually for the loan and other obligations under this Agreement. We may require that either of you pay the amounts due without asking the other to pay. We may file suit against any one or more of you without giving up any of our rig hts against the others. This Agreement is also binding upon the heirs and personal representatives in probate o f all signers and upon anyone to whom any signor assigns his assets of who succeeds to him or her in any other way.
GOVERNING LAW: This Agreement shall be construed, applied and governed by the laws of State of Wisconsin. Unless otherwise required by the Wisconsin Consumer Act, the unenforceability or invalidity of any portion of this Agreement shall not render unenforceable or invalid any other portions.
ASSIGNMENT: We may assign or transfer this Agreement or any of our rights hereunder. Your obligations under this Agreement cannot be assigned to a third party without our prior written consent.