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Natl Advance PayDay Service / Fraud Loan

1 FL, United States Review updated:

I received a call today from the same company stating that some investigator will show up at my house tomorrow (7-14-09) and give me the papers I need to go to court. He stated that I took out a $300 loan in Nov 08 and when they went to get paid back it was refused as NSF. I looked on my bank statement and I didn't recceive any loan of that nature...this gentleman kept passing me to new people who in turn sounded like the same guy and I told him that. He said I could keep from going to court if I paid $595 by friday. I told him there was no way that I was paying him...he couldnt give me the bank account number that they supposively deposited this $300 into back in november. He also said that the atty was Adam do I report them? The number left on my the voicemail was [protected] but my caller ID was a number from my state...when I called it it was Verizon Wireless

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  • Ct
      13th of Jul, 2009
    0 Votes

    The Fair Credit Reporting Act (FCRA) mandates that any creditor or collection agency must provide written notification of any assumed debt within 5 days of the initial contact with the individual they are attempting to collect from. The phone call is your initial contact and I doubt that any reputable creditor or collection agency would begin the process of collection activity by producing a "summons". A summons would come from the court and not the collection agency or creditor.
    If they should send you a written notification of the debt, it must include the name of the original creditor and the amount owed. You can then determine whether this debt is truly yours. If not, send a letter to the creditor/collection agency disputing the debt and request that they verify the account. They have 30 days to respond and if they fail to do so, they are unable (by law) to continue any collection activity.
    You should send the letter by certified mail with return receipt and keep a log of any additional contacts made with anyone referencing this debt.
    It would be beneficial to obtain a copy of your credit report from one of the credit reporting agencies and see if this "debt" has been reported to them. You can also choose to dispute the account with the credit bureau and if the creditor/collection agency does not provide verified documentation of the debt, any reference to the account will be deleted from your credit report.
    Don't allow anyone to intimidate you and any additional harrassment should be reported to the FTC.
    Good luck!

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