United Processing This Collection Agency Uses Illegal Tactics and Pure Lies to Win Jacksonville Florida

Linda,

When you took out the the original $500.00 from the Payday Cash Advance Company, you would have had to sign a legal binding contract, with a provision that they would be making auto withdrawal from what ever account you provided to them at the time of the loan, plus the high interest rate that is associated with a payday loan.

I just hope that you have either the bank statement, cancelled check, or receipt from Payday that shows that you paid down on the loan.

As a rule of thumb, collection agencies buy bad debt normally between .03 and .10 on the dollar, from the Original Creditor. In your case, the Payday Cash Advance Company.

The problem is now that you have confirmed with the collection agency, your new name address and all of the information that they need in order file a civil action.

Your will still fall undrer the Florida Status which states "In event of failure to make payment within 30 days after demand, treble amount owed in addition to the amount owed together with bank and court costs and reasonable attorneys' fees, not less than $50 and no more than $2,500. If payment is made in 30 days, a service charge of $10 or 5% of face amount of check, whichever is greater, can be added. In stop payment action, reimbursement for actual travel expenses to holder or agent for filing papers, and for traveling and providing witnesses to an from proceeding."

It is not going to matter to a Small Claims Judge, how they obtained the information.

As to the Collection Agency violating Fair Debt Collection Practice Act, that would be a seperate action. The Collection Agency knows that most people do not know their "RIGHTS" Under FDCPA and they also know that if you did know your rights, that the action has to be filled in Federal Court.

At this point, with the collection Agency, keep a log of your conversation with him/her; and if it is legal in Florida tape the conversation. Florida statue: Is that both parties to the conversation have to agree.

As you know the collection agency may or may not tell you that they will be tapping your conversation, tell them that you do not want it taped.

Federal Exceptions
Consent: In the absence of more restrictive state law, it is permissible to intercept and record a telephone conversation if one or both of the parties to the call consents. Consent means authorization by only one participant in the call; single-party consent is provided for by specific statutory exemption under federal law. 18 U.S.C. Sec. 2511(2)(d).

"Business telephone" exception
The "business telephone" exception, which generally allows monitoring of calls and taping over an extension phone which is both provided to a subscriber in the ordinary course of a telephone company's business and is being used by that subscriber in the ordinary course of its business. This provision generally permits businesses to monitor the conversations of their employees, including personal conversations.

Penalties: The federal statutes provide criminal penalties for unlawful interception of telephone conversations, including up to five years' imprisonment or a maximum of $10,000 in fines. They also allow for civil remedies, by which private parties are entitled to recover actual and punitive damages, together with fees and costs.

However, keep a log or tape if they consent to it, as they will tape unless you tell tham not too. You want to keep a detailed and accurate record as to who you talked with the time call started; time call ended and total time of call.

You can also file a complaint with the Federal Trade Commission, at http:/www.ftc.gov.

Also search the web for this collection agency, and see it there are any other people having the same problem, no matter what state that they are in. If so contact them and any others and start a class action again them.

Your best source for the is either Ralph Nader - Los Angeles, CA or Gloria Alrich with the ACLU -Los Angeles.

Sorry I could not give you better news.

Linda,

When you took out the the original $500.00 from the Payday Cash Advance Company, you would have had to sign a legal binding contract, with a provision that they would be making auto withdrawal from what ever account you provided to them at the time of the loan, plus the high interest rate that is associated with a payday loan.

I just hope that you have either the bank statement, cancelled check, or receipt from Payday that shows that you paid down on the loan.

As a rule of thumb, collection agencies buy bad debt normally between .03 and .10 on the dollar, from the Original Creditor. In your case, the Payday Cash Advance Company.

The problem is now that you have confirmed with the collection agency, your new name address and all of the information that they need in order file a civil action.

Your will still fall undrer the Florida Status which states "In event of failure to make payment within 30 days after demand, treble amount owed in addition to the amount owed together with bank and court costs and reasonable attorneys' fees, not less than $50 and no more than $2,500. If payment is made in 30 days, a service charge of $10 or 5% of face amount of check, whichever is greater, can be added. In stop payment action, reimbursement for actual travel expenses to holder or agent for filing papers, and for traveling and providing witnesses to an from proceeding."

It is not going to matter to a Small Claims Judge, how they obtained the information.

As to the Collection Agency violating Fair Debt Collection Practice Act, that would be a seperate action. The Collection Agency knows that most people do not know their "RIGHTS" Under FDCPA and they also know that if you did know your rights, that the action has to be filled in Federal Court.

At this point, with the collection Agency, keep a log of your conversation with him/her; and if it is legal in Florida tape the conversation. Florida statue: Is that both parties to the conversation have to agree.

As you know the collection agency may or may not tell you that they will be tapping your conversation, tell them that you do not want it taped.

Federal Exceptions
Consent: In the absence of more restrictive state law, it is permissible to intercept and record a telephone conversation if one or both of the parties to the call consents. Consent means authorization by only one participant in the call; single-party consent is provided for by specific statutory exemption under federal law. 18 U.S.C. Sec. 2511(2)(d).

"Business telephone" exception
The "business telephone" exception, which generally allows monitoring of calls and taping over an extension phone which is both provided to a subscriber in the ordinary course of a telephone company's business and is being used by that subscriber in the ordinary course of its business. This provision generally permits businesses to monitor the conversations of their employees, including personal conversations.

Penalties: The federal statutes provide criminal penalties for unlawful interception of telephone conversations, including up to five years' imprisonment or a maximum of $10,000 in fines. They also allow for civil remedies, by which private parties are entitled to recover actual and punitive damages, together with fees and costs.

However, keep a log or tape if they consent to it, as they will tape unless you tell tham not too. You want to keep a detailed and accurate record as to who you talked with the time call started; time call ended and total time of call.

You can also file a complaint with the Federal Trade Commission, at http:/www.ftc.gov.

Also search the web for this collection agency, and see it there are any other people having the same problem, no matter what state that they are in. If so contact them and any others and start a class action again them.

Your best source for the is either Ralph Nader - Los Angeles, CA or Gloria Alrich with the ACLU -Los Angeles.

Sorry I could not give you better news.

Linda,

When you took out the the original $500.00 from the Payday Cash Advance Company, you would have had to sign a legal binding contract, with a provision that they would be making auto withdrawal from what ever account you provided to them at the time of the loan, plus the high interest rate that is associated with a payday loan.

I just hope that you have either the bank statement, cancelled check, or receipt from Payday that shows that you paid down on the loan.

As a rule of thumb, collection agencies buy bad debt normally between .03 and .10 on the dollar, from the Original Creditor. In your case, the Payday Cash Advance Company.

The problem is now that you have confirmed with the collection agency, your new name address and all of the information that they need in order file a civil action.

Your will still fall undrer the Florida Status which states "In event of failure to make payment within 30 days after demand, treble amount owed in addition to the amount owed together with bank and court costs and reasonable attorneys' fees, not less than $50 and no more than $2,500. If payment is made in 30 days, a service charge of $10 or 5% of face amount of check, whichever is greater, can be added. In stop payment action, reimbursement for actual travel expenses to holder or agent for filing papers, and for traveling and providing witnesses to an from proceeding."

It is not going to matter to a Small Claims Judge, how they obtained the information.

As to the Collection Agency violating Fair Debt Collection Practice Act, that would be a seperate action. The Collection Agency knows that most people do not know their "RIGHTS" Under FDCPA and they also know that if you did know your rights, that the action has to be filled in Federal Court.

At this point, with the collection Agency, keep a log of your conversation with him/her; and if it is legal in Florida tape the conversation. Florida statue: Is that both parties to the conversation have to agree.

As you know the collection agency may or may not tell you that they will be tapping your conversation, tell them that you do not want it taped.

Federal Exceptions
Consent: In the absence of more restrictive state law, it is permissible to intercept and record a telephone conversation if one or both of the parties to the call consents. Consent means authorization by only one participant in the call; single-party consent is provided for by specific statutory exemption under federal law. 18 U.S.C. Sec. 2511(2)(d).

"Business telephone" exception
The "business telephone" exception, which generally allows monitoring of calls and taping over an extension phone which is both provided to a subscriber in the ordinary course of a telephone company's business and is being used by that subscriber in the ordinary course of its business. This provision generally permits businesses to monitor the conversations of their employees, including personal conversations.

Penalties: The federal statutes provide criminal penalties for unlawful interception of telephone conversations, including up to five years' imprisonment or a maximum of $10,000 in fines. They also allow for civil remedies, by which private parties are entitled to recover actual and punitive damages, together with fees and costs.

However, keep a log or tape if they consent to it, as they will tape unless you tell tham not too. You want to keep a detailed and accurate record as to who you talked with the time call started; time call ended and total time of call.

You can also file a complaint with the Federal Trade Commission, at http:/www.ftc.gov.

Also search the web for this collection agency, and see it there are any other people having the same problem, no matter what state that they are in. If so contact them and any others and start a class action again them.

Your best source for the is either Ralph Nader - Los Angeles, CA or Gloria Alrich with the ACLU -Los Angeles.

Sorry I could not give you better news.

Linda,

When you took out the the original $500.00 from the Payday Cash Advance Company, you would have had to sign a legal binding contract, with a provision that they would be making auto withdrawal from what ever account you provided to them at the time of the loan, plus the high interest rate that is associated with a payday loan.

I just hope that you have either the bank statement, cancelled check, or receipt from Payday that shows that you paid down on the loan.

As a rule of thumb, collection agencies buy bad debt normally between .03 and .10 on the dollar, from the Original Creditor. In your case, the Payday Cash Advance Company.

The problem is now that you have confirmed with the collection agency, your new name address and all of the information that they need in order file a civil action.

Your will still fall undrer the Florida Status which states "In event of failure to make payment within 30 days after demand, treble amount owed in addition to the amount owed together with bank and court costs and reasonable attorneys' fees, not less than $50 and no more than $2,500. If payment is made in 30 days, a service charge of $10 or 5% of face amount of check, whichever is greater, can be added. In stop payment action, reimbursement for actual travel expenses to holder or agent for filing papers, and for traveling and providing witnesses to an from proceeding."

It is not going to matter to a Small Claims Judge, how they obtained the information.

As to the Collection Agency violating Fair Debt Collection Practice Act, that would be a seperate action. The Collection Agency knows that most people do not know their "RIGHTS" Under FDCPA and they also know that if you did know your rights, that the action has to be filled in Federal Court.

At this point, with the collection Agency, keep a log of your conversation with him/her; and if it is legal in Florida tape the conversation. Florida statue: Is that both parties to the conversation have to agree.

As you know the collection agency may or may not tell you that they will be tapping your conversation, tell them that you do not want it taped.

Federal Exceptions
Consent: In the absence of more restrictive state law, it is permissible to intercept and record a telephone conversation if one or both of the parties to the call consents. Consent means authorization by only one participant in the call; single-party consent is provided for by specific statutory exemption under federal law. 18 U.S.C. Sec. 2511(2)(d).

"Business telephone" exception
The "business telephone" exception, which generally allows monitoring of calls and taping over an extension phone which is both provided to a subscriber in the ordinary course of a telephone company's business and is being used by that subscriber in the ordinary course of its business. This provision generally permits businesses to monitor the conversations of their employees, including personal conversations.

Penalties: The federal statutes provide criminal penalties for unlawful interception of telephone conversations, including up to five years' imprisonment or a maximum of $10,000 in fines. They also allow for civil remedies, by which private parties are entitled to recover actual and punitive damages, together with fees and costs.

However, keep a log or tape if they consent to it, as they will tape unless you tell tham not too. You want to keep a detailed and accurate record as to who you talked with the time call started; time call ended and total time of call.

You can also file a complaint with the Federal Trade Commission, at http:/www.ftc.gov.

Also search the web for this collection agency, and see it there are any other people having the same problem, no matter what state that they are in. If so contact them and any others and start a class action again them.

Your best source for the is either Ralph Nader - Los Angeles, CA or Gloria Alrich with the ACLU -Los Angeles.

Sorry I could not give you better news.

After filing complaints with both the Florida State Attorney's Office and the Bureau of Financial Responsibility (which has jurisdiction over collection agencies), less than a month later I received a message on my answering machine telling me I was being prosecuted for felony fraud, a 2nd-degree felony, and I would be in jail before nightfall if I did not send $300.50 via WalMart within 2 hours.

My husband picked up the phone during the tail end of this message. Bearing in mind my husband is actually a 3rd party, which made this whole episode illegal, a man who said he was Vincent Davis claimed he plays golf with the judge, they were going to make an example out of me, and E-Z Payday had secured Federal funds to prosecute me.

I called the State Attorney's Office and wa told the following: when E-Z Payday accepted my check, agreeing to hold it, my check then became a Promissory Note. It is not a felony, I cannot be prosecuted for it, and if they want to pursue the matter in Civil Court, they certainly may.

I called Mr. Davis and advised him exactly which office I spoke to and which attorney; he said, "Great." When I read the statute to him, he said, "Oh, you're a deadbeat, you don't want to pay your bills." When I stated this was not the case, he said it again and hung up.

This is a scam that was profiled on ABC News
just do a search - you cannot be arrested for a debt or "so called" debt - the only thing you can be arrested for is a nsf check and there are still statutes limited to that
You are lucky and smart - do not talk to them - make a ledger of all calls them keep them available so you can sue them if you can find them
Good luck and let us know the outcome of this situation

you can find one here www.budhibbs.com

Also post your experience on his site for others. You can sue them for her infractions.