Need Help On This

[gorper999]

Here is my story-Back in 2007 I did an online payday loan(CheckN Go)I made 3 payments and then had a stroke and went on disability.I forgot about this until end of September this year.Got a call from a guy and he said"I am not a collector,I am a processor",Do you have a Criminal Attorney.I see that you have no record in D----County.I thought I would give you a chance to pay this CNG account off.I never received any letters from the OC and my Email address from 2007 quit working in 2008 so I got a Yahoo account.The OC probably tried to contact me through the old Email account?Anyway it scared me and I gave him my checking account #.Agreed to $100. in sept,$200 in oct and $800 in nov.Original loan was $1000 and I believe I had paid $600 back in 07?I decided today to investigate a little bit and now I find out about validation.Never received anything from this person or the OC.All I know is he said his name was Edward Harwell-1-832-384-9150,the gal in accounting gave me-1-407-550-0371 and the # on my bank statement is 1-866-618-5731.Did a reverse lookup and one # is Texas,one is Florida and one is NY.Does anyone know what is going on?NCW(National Credit Works)He called again last Thursday when I was at the doctor,GF answered and she asked him what it was for and he told her"Bounced Checks"Final payment is due Wednesday and I was thinking on calling my bank and doing a stop payment on this,until he validates.He would not give me a mailing address and said he would Email me.Have not had any Emails either,nothing!

[WhoCares1000]

OK, for everyone reading this:

In most states, if you write a post dates check and it bounces, it is not considered a bad check and the police/courts will not criminally prosecute you. This is true in Minnesota and Wisconsin (I looked up Wisconsin when I was being harassed over a bad payday loan my brother made). They can take you to civil court to collect the debt but if they try to get you arrested, the sheriff will probably laugh in their faces.

You should stop the payment immediately, close your bank account or get a new account number, make sure you have records of any other payment you have made, and get a tape recorder. When they call (and they will call), the first words out of your mouth should be "This call is being recorded". 99% of the time, they will say they do not agree with the recording. I think Wisconsin is a one party state so you can say their agreement does not matter because you agree to it. They will either hang up or continue.

If they continue, wait for the threat (most payday loan collectors make pond scum look intelligent so they will threaten), then lay into them that you will be filing a case in federal court for violation of the FDCPA, all sorts of Wisconsin Consumer Protection laws that trueq can clue you in on, plus you will report them to the Wisconsin AG. That should be enough to make them go away. Let them know that by the time you are done, you will own the collection company and they will be the first one fired.

[gorper999]

Im sure he will be calling on Wednesday.Should I call tomorrow and say I am not paying until I get validation?How do I send any letters to him if I do not have an address of any kind?Do I try and contact the OC on this to see if this account was actually turned over to NCW?

[WhoCares1000]

You can look for the address online but doing a DV at this point would be pointless because the time to validate has probably expired. Before they get the letter, this thug is going call and say things that would have shocked Mother Theresa if she were still living today.

Trust me, get it recorded that they are going to file criminal charges for a post-dated check and you will have it made in dealing with these guys. In fact, you should get an address because you will need to officially serve them on your FDCPA and Wisconsin Consumer Protection claims. You need to put this thug on the defensive. Right now, he is on the offensive.

[gorper999]

I looked for an address online-Cannot find a NCW listing anywhere.He calls from a Texas number and the phone number on my bank statement is a New York number.Maybe I should just get an attorney?Cannot really afford one with my living expenses,meds and dr bills.Would just like to know if the money I pay is going to the actual original debt,or if it is some kind of a ripoff.How am I suppose to know without a validation of some kind?

[WhoCares1000]

You can always google both phone numbers to get a real company name and address. It really will not matter if you DV these people however because again, they will simply say that you paid us, therefore that is proof that you owe the debt (The level of verification is a lot lower than the level to prove you owe a debt in court). Don't worry about the verification.

What you need to do right now is to close that bank account so that they cannot take any more money. They will call you and when they do, start with the recording statement. All you have to do is notify that they are being recorded. Whether they give permission or not is irrelevant because the law only states notification, not permission. The only thing they can do is hang up if they do not want to be recorded (and as such, will not get any more money).

First thing you ask for is the company name and address. By law, they have to give it to you and if they refuse, that is violation number 1. Now I can also bet that these people will threaten you, every family member, and even the dog with arrest. That would be violation 2 as a dishonored check to cover a payday loan is not considered a crime in Wisconsin.

If after the call, you still do not have an address, post the phone number they called from and what the call ID said and I will see what I can learn.

BTW - you do not need a lawyer yet. Get a violation recorded first. Then look for an NACA lawyer and you will probably find one who will take the case for free.

[Morganna]

http://800notes.com/Phone.aspx/1-866-618-5731

The above link says it all for you ....

They are part of the nastiness out of Erie County NY ...

The NY AG is on fire with debt collectors and their fraudulant activities here in NY ..

Some of the posts in that link give you addresses and contact info to get you started ..

In the meantime close that account asap AND send a certified letter RRR to their address rescinding any consent to withdraw funds ... State you want full and complete validation of this alleged debt ... (while the initial 30 days for timely dispute has passed you can still at any time request validation - just being within the first thirty days positions you better)

[BrokeBob]

BTW, Wisconsin is and isn't a 1 party state.

There is one exception to the 1 party rule: stuff recorded without the other side's knowledge is not permissible to use as evidence in a criminal case.

It sounds like these guys have not only violated federal and state debt collection laws, but if they threatened you with arrest, that is extortion, which is a crime.

There are ways to get around that. You can say something like: "this call may be recorded, right?" In that case, you can argue that is warning.

[gorper999]

Number on caller ID was 832-384-9150.Anyone have any info?

[Morganna]

Used google and got this among many:

http://800notes.com/Phone.aspx/1-832-384-9150

my prior post says it all for me ....

[gorper999]

Morganna-Thanks for the info.Wish I would have had it sooner.I did send a CRRR letter to the NY address stateing I could not pay $800 this time.Received an Email showing that I paid $300 and my balance was $800 and I should call the 407-550-0371 number about installments.Then I got a call from 832-384-9150(Edward Harwell) Nice as pie-said $200 a month for 4 months would be fine.Also did a 3 in 1 credit report.Nothing came up for CNG so I am assuming this was never turned in for collection?I would think that I would have gotten a letter from them-especially when they could not Email me because of an Email addy change.What is my next move?I want to pay this off,but want to make sure it goes to the OC.I also do not like the phone calls.

[unusualsuspect]

OK this is what I got:

NATIONAL CREDIT WORKS, INC.

1098 BOWEN DR E

TONAWANDA, NEW YORK, 14120

Owner: Greg G. Emminger

This is his home address BTW.

Appears they are a collection agency... in that Buffalo Triangle...

Found 4 FDCPA lawsuits against them in 2009 alone. So if you're looking to rack up some violations, this is a good place to start.

///

The 407 area code number:

Company is called NATIONAL PROCESSING. A collection agency in Kissimmee, FL. They have been know to call from Houston, TX with an 832 area code number.

Their MO is the same as National... bad checks and they have to "get a statement" or they "are processing warrants" or some other legal paperwork.

I'll try to get an address for National Processing as well.

Edited November 22, 2009 by unusualsuspect

[Morganna]

Morganna-Thanks for the info.Wish I would have had it sooner.I did send a CRRR letter to the NY address stateing I could not pay $800 this time.Received an Email showing that I paid $300 and my balance was $800 and I should call the 407-550-0371 number about installments.Then I got a call from 832-384-9150(Edward Harwell) Nice as pie-said $200 a month for 4 months would be fine.Also did a 3 in 1 credit report.Nothing came up for CNG so I am assuming this was never turned in for collection?I would think that I would have gotten a letter from them-especially when they could not Email me because of an Email addy change.What is my next move?I want to pay this off,but want to make sure it goes to the OC.I also do not like the phone calls.

Have you ever DV'd them? prior to any payment?

Who owns the alleged debt? OC/JDB

How old is this?

When exactly did you say in that letter?

Memorialize the intitial conversation right away -- so you dont forget

Ask whoever took the subsequent call to do the same.

Just for the future - should it become necessary.

You do not want to speak to them on the phone -- nothing good will come from it ...

You may need to send another letter -- I can help more once I get your answers to the above questions ...

[gorper999]

I never did a validation.I just assumed they were collecting for the OC.OC is Check N GO online loan from may of 07.I ordered my bank statements so I can see how much I paid.I believe loan was $1000 and I paid $400 or $600.Like an idiot I let them take $300 from my checking and them I put a stop on auto withdrawals a week ago.The letter I sent said that I could not pay the $800 this month but would sent $200(which I did last thursday)Now Im thinking I should put a stop payment on that tomorrow morning,or will I get in trouble for a bad check?I just wish I had the info I do now when this started.I could have saved some money.Should I call CNG to see if they received any money,or is this just a ripoff period?Now that I think about it,I would have gotten a call or letter from CNG before it was turned over to a collection agency,correct?

[gorper999]

Morganna-Original loan was $1000. with a $1250.00 payback.Paid $600 in 2007 and $500 the last 3 months.Got an Email from NCW asking when I would make next payment.No phone calls yet,but expecting one any day.Is it too late to do anything?I never received anything in the mail,just the original phone call(End of Sept.)No Validation but I assume me making a payment is validation enough?Phone number from original caller in Texas is no longer any good.Should I send a C&D letter to NCW in NY?Or should I just pay the $600 balance theyclaim I owe yet?

[gorper999]

Does anyone have any advice for me on this one?

[tovforjesus]

useful thread.