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Hello. Yesterday I received a frantic text from my BOYFRIEND'S FATHER regarding a message that was left on his cell phone answering machine. It was left around 11:15 AM and said the following:
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"This message is solely intended for Kerriann XxXxxxxx regarding two charges that are looking to proceed against her in court: a breach of contract and defrauding a financial institution. She does wish to dispute these charges prior to the case proceeding in court. Her legal right to contact the attorneys who have named her the defendant in the case. The number provided is 877-XXX-XXXX, referencing case number 971-XXX. There is a two hour stay of execution for her to respond prior to documents being submitted to the local authorities to come out to her residence or place of employment to have her served. This is being documented as an official notification."
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I was then told that my MOTHER received the same message (she lives in FL), my BOYFRIEND'S MOTHER received the same message also, and I'm not sure if anyone else received the call as well.
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That was it. So I called back that afternoon and they told me that the creditor was VIP Loan Shop and the amount due is $1,125. The loan amount I originally took from VIP Loan Shop was for $500.00. A few months ago I notified VIP Loan Shop that payday loans were illegal in NJ and that I only owed for the principle. I offered up a payment plan, but never heard anything back. They tried to deduct the entire loan amount plus the interest of $150 from my bank account in the same week, but it was rejected by my bank at my request. However, they sent me a payoff letter when they tried to deduct the funds, which I still have. Since then, I'm still trying to get back on my feet financially, so I haven't made any payments towards the loan.
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Either way, since then, I haven't heard from them WHATSOEVER. They haven't called, sent any paperwork, emails, etc. So yesterday when I spoke with NCS, they said that unless I paid $125 THAT DAY, that I would be served with papers at my place of employment. So feeling like I had no choice, I paid the $125 because I absolutely positively cannot have them coming to my work to serve me papers.
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So I asked if they could send me something in writing, and they e-mailed me a "validation of debt" that only VIP Loan Shop as the creditor and the amount as $1,125. There's nothing else included with it like my signed loan contract or anything. Don't they have to provide these documents? They also sent me a payment plan, which I agreed to at the time, to pay $333 a month for the next three months to clear the debt.
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So my questions are this: (1) Don't I have thirty days to dispute the validity of the debt before they can start legal proceedings? (2) Don't they have to send me something in WRITING at my request?? (3) Do I have to pay the entire $1,125? (4) Is there any recourse I have against them for threatening to come to my work and serve me papers, especially if the threat was an empty one?
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I need some serious help here. I feel like I've been duped, illegally threatened, etc. Should I just get my payoff letter from VIP and show it to them, even though it was technically returned to my bank account? PLEASE HELP!




OK, first things first---


THEY CANNOT FILE CRIMINAL CHARGES AGAINST YOU like they claim. It's a SCAM. They have committed fraud upon you.


You said you make a payment? I am guessing that you gave them your bank info or credit card/debit card info over the phone? If so, you need to contact your bank RIGHT NOW and close the account--your account has just been compromised and they WILL use the info to try to take out more money without your consent.


I would seriously consider contacting your attorney general's office in NJ about these folks. They have committed a serious fraud upon you.


Usually, you would still be liable for repaying the principal, but I have seen some cases where even that gets thrown out because the judge found that the lender acted so much in bad faith that they were not entitled to anything.


Whatever you do, DO NOT WAIT on this. Contact your bank immediately. And do not speak with these people on the phone anymore. They are committing criminal offenses at this point.


You mentioned NCS....could you please post the phone number that they told you to call? This is a third party debt collector, if I have this right--and they are subject to a law called the FDCPA. Under the FDCPA, EVERYTHING that they told you is a violation of the law. Do you have recourse? Yes you do--first of all, contact your family, instruct them NOT TO ERASE THOSE MESSAGES. Hopefully they did not do it already. If you have even one of them, it will work but all three would be better.


Please get back to me about this NCS and the 877 phone number they told you to call.....there is a lot that you can do and we are happy to help you get there!


Sub: #1 posted on Thu, 08/22/2013 - 21:48

skydivr7673 skydivr7673
Moderators Cum Industry Expert
(Posts: 2037 | Credits: 579.66)

You know, it is unfortunate that these calls freak people out. I have had to deal with this before and my answer is always the same "please file the charges and serve me the papers. I would love to present this to a judge."


To date nobody has actually filed papers and court is not that big of a deal anyway. You go in and normally the court asks to mediate things and if you can't reach an agreement then you tell your side to a judge. It would be pretty hard for these folks to make a case since what they do is illegal in most states.


I have also never had a legitimate party call and make threats - they simply file suit and have you served.


Sub: #2 posted on Thu, 08/22/2013 - 23:08

Scubus Scubus

(Posts: 44 | Credits: 5.82)

On a totally unrelated note, does anyone know why I can't skip lines between paragraphs? On my side the break shows but once posted there are no line breaks....


Sub: #3 posted on Thu, 08/22/2013 - 23:08

Scubus Scubus

(Posts: 44 | Credits: 5.82)

Hello. Yes the phone number is 877-563-3698. I called and the lady was like "We need you to pay something TODAY or else you're going to get served." Then she said "As long as you stick to the payment plan you'll be ok and we won't serve you."

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The funny thing is I haven't received ANYTHING in writing from either VIP or NCS. So I feel like someone should have at least had to send me SOMETHING stating that the loan was being thrown into collections in the first place. Yes, I told my boyfriend's father to save the message.

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So do you suggest I send them a C&D letter and request everything by certified mail? Here is what I was going to send them:

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"Hello,


First, pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist communication via telephone with me and especially my references and relatives in relation to alleged debts you claim I owe. Please do not contact my employer phone and do not attempt to enter the premises either, as I am not allowed to accept personal calls or visitations. Any further contact between us shall be solely through certified written mail. You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the New Jersey Attorney General’s office.


Second, It has come to my attention that I cannot be sued for a loan which was illegal in the first place. NJ statutory laws cap interest rates on loans at 30%. VIP Loan Shop is NOT a legal licensed lender in the state of NJ and violates the interest rate cap by charging something like 600% interest. Therefore, I am not obligated to repay ANYTHING, let alone $1,125.00 when my original loan amount was $500. VIP Loan Shop will try to say that the laws of their state govern their practice and that since the contract was made and signed online, they are not obligated to comply with NJ state laws. However, this is simply untrue. They must comply with the laws of the state in which they are issuing the loan. ALL payday loans are illegal in New Jersey, therefore, this one is as well.


Third, your collection practices are illegal. All collection agencies must offer a validation of debt in writing (not e-mail), including an itemized breakdown of money owed, and offer 30 days to dispute the validity of the debt. This option was not offered to me. Your company called my boyfriend's parents, my mother, and who else knows who to threaten to serve me with papers to take me to court within a two-hour timeframe yesterday. This is ILLEGAL.


Lastly, I have a payoff letter I received from VIP Loan Shop. The letter states "Thank you for your payment of $650. We value your business and if we can be of any further assistance feel free to contact us..." I received this letter on 3/11/2013."

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I haven't finished it yet but what do you think?


Sub: #4 posted on Thu, 08/22/2013 - 23:17

KERRIinNJ KERRIinNJ

(Posts: 27 | Credits: 3.73)

No, I would not send them anything of the sort. Here's the thing--they dont need people like you and me to tell them that what they are doing is illegal. They know. They just dont care. Telling them would be a waste of your time and money.


First thing you need to do is secure your money. If you gave them banking or debit card info to make that payment, then go to the bank NOW and tell them that you want to reverse that payment--that it was obtained through fraudulent means. Then cancel the card(if thats what you used) or close the account(if thats what you gave them) and open a new one.


Your next step would be to see if any of your family members still have that message recorded....hopefully they do. If they do, you need each copy that you can get your hands on. Your next stop after this will be to speak with an attorney. No kidding. You've got these guys on a ton of violations....you can go about this in a couple ways....


1--you can ignore their threats...in which case, they will hound you over and over again. They dont take much in the way of legal action against anyone, but they sure do put on a good show....


OR--


2--you can hold them accountable for their actions, and THEY will end up paying YOU money for it if you pursue it and win your case. I'm not kidding, I have one just starting up myself right now where something kinda similar happened, though it was not with a PDL and the whole thing was fraud from the start.


Your mission now is to hold them accountable to the law. They broke it....you can go after them and show them that there's a cost to doing that. The only reason why these companies do business this way is because almost no one pursues them for it. If everyone did that, and forced them to face the music, they would not do this anymore because it would become so expensive that they would have to stop or go out of business. Thats a fact.


You can go to www.naca.net and find a consumer rights/FDCPA attorney in your area.


Sub: #5 posted on Thu, 08/22/2013 - 23:35

skydivr7673 skydivr7673
Moderators Cum Industry Expert
(Posts: 2037 | Credits: 579.66)

Yeah they broke the law, what's new with these bottom feeders! If I had a PIF from VIP then I would just ignore the calls. Tell your friend and family that you are a victim of a scam and just to ignore or block the calls. STAY OFF THE PHONE. Don't give any info whatsoever. If you paid with a card then by all means cancel it.


Sub: #6 posted on Fri, 08/23/2013 - 01:53

cb cb

(Posts: 44 | Credits: 4.65)

Well, I contacted NCS and told them of my intent to dispute this debt and that they must allow me 30 days to do so. We'll see what their response is. In the meantime, I have contacted me bank and let them know to block any attempts from NCS to withdrawal funds from my account. I only gave them my Visa, not my account and routing numbers, so I'll just cancel that card and get a new one linked to my account. I'm anxious to see what their response is. I'm still pissed they called my relatives/parents though... they don't know that I was in some financial trouble earlier this year and I'd like to keep it that way.

Sub: #7 posted on Fri, 08/30/2013 - 01:55

KERRIinNJ KERRIinNJ

(Posts: 27 | Credits: 3.73)

that is how illegal lenders and the bottomfeeders that buy,or try to collect on the loans operate.if they cared they wouldn't lend in the first place,or obtain the proper license.that's just the way it is.

Sub: #8 posted on Fri, 08/30/2013 - 21:11

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

Hello Everyone! I just wanted to let ya'll know that I received a response from the NJ Division of Banking (Enforcement Bureau) regarding me Western Sky/Cash Call loan:
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Ms. XXXXXXXX,
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Please note that the Department is coordinating with the New Jersey Attorney General’s Office (“AG”) regarding actions to be taken against the above referenced entities. Pursuant to the complaint you filed, our office wishes to add you to the formal legal Complaint to be filed in Superior Court. This will allow the State to try and put a stop to these entities continuing to provide illegal and predatory loans in New Jersey. Although you are responsible for paying the principle loan amount taken, the State will be pursuing restitution of all the fees and interest collected from all the New Jersey consumers. In order to add you as such, the AG’s office requires a copy of the Loan Agreement issued to you by Western Sky Financial.
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Therefore, please forward a copy of the Loan Agreement as soon as possible. You can do so via e-mail, fax, or mail as listed below. Please also be sure to contact the undersigned to confirm your receipt of this correspondence and whether or not you can/will be providing a copy of the loan agreement and how/when you plan to send it.
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Thank you.
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Sincerely,
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Troy Dayton
Investigator 1
Enforcement Bureau
P: 609-984-2777, Ext. 50230
F: 609-292-5461
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So that's enough of a response for me to KNOW that I'm only responsible for the principle for each and every payday loan or installment loan (Western Sky). I'm going to reference this letter to NCS/VIP Loan Shop as well. I've already paid them $458, so they're only getting another $42 from me... they can try anything they want because they'll NEVER get a judge to approve wage garnishments or anything of the sort since the loan was illegal in the first place.
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I just wanted to let everyone know because I was SUPER excited when I saw that response from the NJ Dept. of Banking.

Sub: #9 posted on Thu, 09/05/2013 - 20:20

KERRIinNJ KERRIinNJ

(Posts: 27 | Credits: 3.73)

glad to see that.

Sub: #10 posted on Thu, 09/05/2013 - 20:44

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

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