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Help needed with Action Payday

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I am currently dealing with an Action Payday loan that was sent to collections and need some advice. I have received a total of three loans with Action as outlined below.
Loan #1 amount: $500
Paid for Loan #1: $575
Loan #2 amount: $500
Paid for Loan #2: $650
Loan #3 amount: $500
Paid for Loan #3: $0

Based on this, I have received a total of $1500 and paid a total of $1225, resulting in a principal amount due of $275. I sent multiple e-mails and faxes to try to settle for this amount but never received a response. I finally got the collection call today. I explained everything to them and said I was willing to pay the $275. They said that although my information about it being an illegal loan in my state of North Carolina was incorrect they would settle for $395. I said that the most I would pay back was $275 and they said that was not acceptable and the collections process would continue.
How should I proceed with this? Should I just accept the $395 and be done with it, or hold my ground?




since no pdl is legal in NC you only pay the principle.if they want to argue then they get nothing.btw all scum eating illegal lenders lie out of their asses so again it's illegal,and you only owe 275.00 and their verbage regarding settlement is laughable.do not back down from that,and file AG,AND FTC complaints against them.that will get their attention.

Sub: #1 posted on Mon, 12/02/2013 - 21:38

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15506 | Credits: 1356.56)

paulmergel is right. You owe them nothing more than the principal balance. They are telling a lie. Simply close down your old bank account and open a new one to stop debiting money from your account. Don’t pay them any interest or fees.

Sub: #2 posted on Wed, 12/04/2013 - 11:54

Unregistered


So apparently they did go ahead and send my account to another collection agency. I've copied the email below that I received. How should I respond?

The above referenced account has been referred to Total Account Recovery LLC (TAR) for collection of the balance in full. Previous attempts have been made by our office to resolve this debt voluntarily. As of this date, those attempts have not been successful. Therefore, your original agreement with the above mentioned creditor has been revoked.

You may contact TAR at 855-868-2577 who is authorized by our client to provide the necessary effort to collect this debt. We recommend that you take advantage of this opportunity to pay the balance in full to prevent further collection activity. Please remit a copy of this letter with your payment to the address listed above.

Note: If payment of the balance has already been made, please notify this office at 855-868-2577 to avoid further communications.

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.

This is an attempt to collect a debt and any information obtained will be used for that purpose.
The state Rosenthal Fair Debt Collection Practices Act and the Federal Fair Debt Collections Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov.

Please remit a copy of this letter with your payment to the address listed below.

Total Account Recovery, LLC
PO Box 14766
Lenexa, KS 66285


Email: customerservice@t otalaccountrecovery.com
Toll Free: (855) 868-2577
Fax: (866) 602-2026


Hours of Operation:
Monday - Thursday: 8:00am - 6:00pm CST
Friday: 8:00am - 4:00pm CST

Sub: #3 posted on Sat, 12/07/2013 - 08:46

drindebt drindebt

(Posts: 5 | Credits: 0.95)

Any advice on how to respond to Total Account Recovery? I'm nearing the 30 day limit.

Sub: #4 posted on Sat, 12/28/2013 - 23:23

drindebt drindebt

(Posts: 5 | Credits: 0.95)

I would ask them for a Debt Verification as stated in their letter and then offer to pay your remaining principal. If they demand more than that, report them to your state's AG offices. Since you live in North Carolina and PDL's are illegal in your state, they do not have a leg to stand on. The chances of an illegal PDL lender taking you to court where they can tell a judge WHY you should pay them are slim and next to none. Just ask for a DV letter from them to make them do the work, lol.

Sub: #5 posted on Mon, 12/30/2013 - 01:18

kscornell kscornell
Moderators
(Posts: 4409 | Credits: 473.19)

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