Credit application company scamming my wife... need AT help.

Cuda1447

Lifer
Jul 26, 2002
11,757
0
71
Alright, I'm in need of a little bit of advice. Here's the quick synopsis story, I'll fill in more details as needed.

My wife was getting a boob job done sometime back. The doctor had referred her to a couple sources to get a loan for the boobs if she wanted. She had filled out an application online for one of them. It took them awhile to get back to us and we decided we would just pay cash for it afterall. When they called her she informed them she wasn't interested in getting their credit card/loan. Maybe a month later she gets a card in the mail. She was pissed at the time cause she said she didn't want it. I told her it wasn't a big deal, we aren't going to use it and not to worry about it.


Fast forward a couple months and she got a letter from this company called acquired loans stating that she owes $150 for services rendered and this is her last opportunity to pay without it affecting her credit. She starts to get worried and so I told her to contact that company. She emailed them a few times with no response and finally called them this morning. She was informed that when she did her application online she checked a box agreeing to the terms and one of the terms was that she would be charged $150 regardless of whether or not she accepts the line of credit.

As an added bonus, one of the letters we got from this company had someone elses name on the letter, but her listed somewhere else in the letter. She asked acquired loans about that and they basically said they just messed that up.


Long story short, some company is charging us $150 for simply APPLYING for a line of credit and now trying to extort us by threatening her credit to get us to pay this bullshit fee. I told my wife under no circumstances is she to write a check to ANYONE for that fucking money. That is complete 100% horse shit. So who do I need to contact to dispute/fight this?
 

Jeeebus

Diamond Member
Aug 29, 2006
9,180
897
126
Your state will have various consumer protection agencies you can contact. Attorney General's office is usually a good place to start.

That said, if the contract clearly states that she owes the money, and that is conspicuously displayed, you may be screwed (depending on the laws of your state).
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
It may be horse shit, which I agree, but sounds like she didn't read the fine print and you are stuck with it. Now you could just say screw it and not pay it, but then you'll probably be hounded by collection agencies.

You may want to try calling your Attorney General's office, though, to see if there's anything they can help with.
 

LikeLinus

Lifer
Jul 25, 2001
11,518
670
126
Have you gone back to the website to try and see if there is something listed about the $150 fee??? It's not a scam if it informs you of the processing fee and you just failed to see it.
 

Cuda1447

Lifer
Jul 26, 2002
11,757
0
71
http://acquiredloans.net/apply.php


Reading through the terms of service I don't see anywhere that it says this is going to cost $150. Further, shouldn't a cost like that be displayed OUTSIDE of that small ass fine print? Surely there are laws that an important piece of information like that should not be disguised in a wall of text.
 

Cuda1447

Lifer
Jul 26, 2002
11,757
0
71
http://acquiredloans.net/apply.php


Reading through the terms of service I don't see anywhere that it says this is going to cost $150. Further, shouldn't a cost like that be displayed OUTSIDE of that small ass fine print? Surely there are laws that an important piece of information like that should not be disguised in a wall of text.



Ok, I just read through that entire thing and it does list the $150. But... let's be honest for a second. Does anyone here ever read every little line of those TOS? Really? I just don't want to pay a dime to these lowlife mother fuckers. I won't. I don't care if it lists that fee or not. Something like that needs to be made a hell of a lot more clear, no?
 

Double Trouble

Elite Member
Oct 9, 1999
9,272
103
106
Take a look at the fine print:

I understand I am not obligated to accept any credit line offered to me as a result of this application, that final approval of my application can be subject to my credit standing and/or income verification, and that I am responsible for a one hundred fifty dollar fee to AcQuired, if and only, requested services herein are rendered.
Sounds like the "requested services" were rendered (they considered her application), and you're going to owe the $150. You can try to get out of it on the grounds that it's not easy to find and burried in the fine print, but that depends on your state laws. Complain to the various agencies and your state AG. I guess that's just a lesson that you must NEVER agree to terms and conditions without actually knowing what you are agreeing to.
 

mrblotto

Golden Member
Jul 7, 2007
1,647
117
106
From the fine print:
"I understand I am not obligated to accept any credit line offered to me as a result of this application, that final approval of my application can be subject to my credit standing and/or income verification, and that I am responsible for a one hundred fifty dollar fee to AcQuired, if and only, requested services herein are rendered."


But, as I understand it, no services were rendered. Nor were any services requested. Unless the company interprets 'signing up' as a service. It is kind of confusing (deliberately I'm sure).

Edit: Also noticed you stated:
"When they called her she informed them she wasn't interested in getting their credit card/loan." I would take that as a 'refusal of service' (meaning you shouldn't be charged the fee). But it very well could boil down to your word vs. company. At any rate, good luck w/a resolution.
 
Last edited:

LikeLinus

Lifer
Jul 25, 2001
11,518
670
126
Ok, I just read through that entire thing and it does list the $150. But... let's be honest for a second. Does anyone here ever read every little line of those TOS? Really? I just don't want to pay a dime to these lowlife mother fuckers. I won't. I don't care if it lists that fee or not. Something like that needs to be made a hell of a lot more clear, no?

They are lowlife MFers because of the inability for your wife to act like a responsible adult and know/read the terms and conditions of a document she is signing? Interesting.
 

Cuda1447

Lifer
Jul 26, 2002
11,757
0
71
According to the Florida Attorney Generals website...


"In Many states these businesses are illegal.
Over the past few years, many states have enacted legislation prohibiting loan brokers from charging an advance fee. In Florida, assessing or collecting such a fee is a felony. There are some businesses such as banks and credit unions which are exempt from this prohibition. In Florida, contact the Office of Financial Regulation to determine if the company you are dealing with is acting legally. In other states, you may want to contact consumer agencies such as the Attorney General's Office and local consumer agencies in the county where the company is located to determine if there are complaints or legal actions pending against the company. Do not rely solely on Chambers of Commerce or other business associations where membership is the based on payment of a fee."


The way I read this... unless I'm misinterpreting something, is that a company (outside of bank/credit union, which these guys are definitely not) cannot charge a fee for securing a loan.
 

Numenorean

Diamond Member
Oct 26, 2008
4,442
1
0
No, they can't charge an advance fee. They certainly can charge a shit ton of fees if you have a loan processed by them.

They gave you a line of credit - $150 fee applies as it was not assessed in advance before giving the line of credit.
 

nick1985

Lifer
Dec 29, 2002
27,158
6
81
Trying to collect on a debt that is not owed is against federal law. I do not recall the name of the law off-hand, but I believe it was just recently passed. I was just in a similar situation as you not too long ago.

Send them a certified letter saying you are demanding that the account be closed out, and any attempt to collect on the debt is illegal under federal law and if they try to collect you will contact your state Attorney General office as well as retain legal representation for a civil suit.

Contact the Attorney General now, since they are slow and you need to get the ball rolling. Also, complain to the BBB.

Jeebus taught me well.


*edit*


KEEP A LOG OF EVENTS WITH NAMES AND DATES! Scan everything they send you and keep a database with all of the information regarding this issue. And check your state laws. Odds are this company knows the law or they wouldn't be doing this, but check!
 
Last edited:

LikeLinus

Lifer
Jul 25, 2001
11,518
670
126
Trying to collect on a debt that is not owed is against federal law. I do not recall the name of the law off-hand, but I believe it was just recently passed. I was just in a similar situation as you not too long ago.

Send them a certified letter saying you are demanding that the account be closed out, and any attempt to collect on the debt is illegal under federal law and if they try to collect you will contact your state Attorney General office as well as retain legal representation for a civil suit.

Contact the Attorney General now, since they are slow and you need to get the ball rolling. Also, complain to the BBB.

Jeebus taught me well.


*edit*


KEEP A LOG OF EVENTS WITH NAMES AND DATES! Scan everything they send you and keep a database with all of the information regarding this issue.

The debt is owed in this case. He's being charged a processing fee that was listed in the TOS during an application process.
 

nick1985

Lifer
Dec 29, 2002
27,158
6
81
The debt is owed in this case. He's being charged a processing fee that was listed in the TOS during an application process.

Read the last sentence in my edit. He needs to find out for sure. If the company is an out of state company, they may not be familiar with the OP's state laws that could prohibit this.

OP what state do you live in(or did I miss it?)
 

Viper GTS

Lifer
Oct 13, 1999
38,107
433
136
Look on the bright side, this could be fun. Start fighting back with the FDCPA. Odds are they'll back right down and crawl back in their hole.

[EDIT]Before the "she checked the box" clones start chiming in FDCPA is on your side WHETHER THE DEBT IS YOURS OR NOT. The debt collectors have to dance for you regardless.[/EDIT]

Viper GTS
 

Cuda1447

Lifer
Jul 26, 2002
11,757
0
71
No, they can't charge an advance fee. They certainly can charge a shit ton of fees if you have a loan processed by them.

They gave you a line of credit - $150 fee applies as it was not assessed in advance before giving the line of credit.

We never accepted the loan though, that's the problem.
 
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