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

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AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Pics of tits please.


On a serious note, take it from someone in the credit industry: If you think for a second that you may be legally obligated for the debt: Pay it. Then try and fight them to get it back with whatever consumer protection law you want.

$150 is not worth the damage that sinking one or more of your credit scores can do.
Bullshit. Wait until you are sure the obligation is LEGAL. No one ever got money back from a professional corporate thief.
Just because some out-of-state company says you owe them money, doesn't make it so.
If their contract is invalid in the state you reside in, they cannot enforce it.
Dispute that sucker until it disappears.
I had $3000.00 of bogus medical claims removed, it just took a couple of years.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Often times collection agencies are easier to work with (negotiate for a lower amount and payment for deletion, etc) than the original creditor.
Unless the CA has copies of the original paperwork complete with signatures, they cannot collect that debt.
This is the essence of the Fair Debt Collection Practices Act and The Fair Credit Reporting Act.
Unless you hold their feet to the Flame of Liberty's Torch, they will screw you every time.
It is companies like this that are leading this country down the dark path of Mercantilism and Social Thuggery.
 
Oct 19, 2000
17,861
4
81
I very much dislike those of you on the "should've read it so deal with it" wagon. OP, I'm with you and I hope you stick it to this stupid company. There's a difference between being up-front and honest with your customers and shadily hiding a fee in the fine print, even going so far as writing it out and not including a dollar sign anywhere so that it won't stand out.
 

Slapstick

Golden Member
Oct 11, 1999
1,082
0
0
Yep, this is all my fault.

Well it is your fault. By not contacting them when the card first arrived and disputing the opening of the account, you in essence accepted the card so they "rendered" a service for which they state you have to pay $150.

You should have disputed it when the card first arrived not when the bill arrived. I'm not arguing that it's a very shady practice and not that they are slime for doing it but rather pointing out that you may in fact owe the money.
 

Cuda1447

Lifer
Jul 26, 2002
11,757
0
71
Well it is your fault. By not contacting them when the card first arrived and disputing the opening of the account, you in essence accepted the card so they "rendered" a service for which they state you have to pay $150.

You should have disputed it when the card first arrived not when the bill arrived. I'm not arguing that it's a very shady practice and not that they are slime for doing it but rather pointing out that you may in fact owe the money.

You think me disputing them opening an account when we told them not to open it in the first place is going to change anything? Doubtful. Not to mention I didn't want to have an account opened and closed right away. That is bad for your credit.


Its not my fault. Its the scam-fuck companies fault.
 

Cuda1447

Lifer
Jul 26, 2002
11,757
0
71
Alright - It's been awhile since I posted in this thread. I've already determined I won't be paying these guys a dime. I just am looking for clarification on one particular point. Perhaps I am misinterpreting this, so some second opinions would be nice.


They just sent my wife an email. They are saying they 'intend to pursue court action'. Ok fine. They attached a PDF with my wifes first email to them and the correspondence they sent back to us (which we never received btw). One particular part of this correspondence is important to me. This is what they said

On x date we received your request and authorization to apply for and secure credit lines to finance your contemplated cosmetic procedure, which resulted in credit offers from the lender(s) from whom you received a Card. As a processing company, not a lender this is the service we provide.

yatta yatta....

Accordingly, our fee is justified and due as billed, for having rendered the service you requested; that we apply for and secure credit lines on your behalf. Our fee is not contingent on acceptance or use of credit offer.



That's what they say me. They are a company in the state of Florida. I live in the state of Florida.


Question what the fee is for.
When it comes to qualifying for a loan, requiring the consumer to pay a fee before he or she knows he or she will get the loan is an industry-wide practice. Legitimate companies typically charge a fee to process your application and apply the fee to cover the costs of researching your credit worthiness. Advance fee loan schemes claim that payment of the fee will "lock you into the loan" so that you will not lose out to others competing for loans. Such hard sell tactics should be a red flag from doing any further business with the loan broker, especially if the company encourages you to send the money that day and is willing to pay for an overnight mail company pick-up at your home or office.
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.


So... isn't that exactly what they are doing. And they even admit to it?
 
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Born2bwire

Diamond Member
Oct 28, 2005
9,840
6
71
Alright - It's been awhile since I posted in this thread. I've already determined I won't be paying these guys a dime. I just am looking for clarification on one particular point. Perhaps I am misinterpreting this, so some second opinions would be nice.


They just sent my wife an email. They are saying they 'intend to pursue court action'. Ok fine. They attached a PDF with my wifes first email to them and the correspondence they sent back to us (which we never received btw). One particular part of this correspondence is important to me. This is what they said





That's what they say me. They are a company in the state of Florida. I live in the state of Florida.





So... isn't that exactly what they are doing. And they even admit to it?

Did you ask the Financial Reg department and find out like they suggest?
 

Tweak155

Lifer
Sep 23, 2003
11,448
262
126
Alright - It's been awhile since I posted in this thread. I've already determined I won't be paying these guys a dime. I just am looking for clarification on one particular point. Perhaps I am misinterpreting this, so some second opinions would be nice.


They just sent my wife an email. They are saying they 'intend to pursue court action'. Ok fine. They attached a PDF with my wifes first email to them and the correspondence they sent back to us (which we never received btw). One particular part of this correspondence is important to me. This is what they said





That's what they say me. They are a company in the state of Florida. I live in the state of Florida.





So... isn't that exactly what they are doing. And they even admit to it?

Interesting twist. Definitely a leg to stand on.
 

Lifted

Diamond Member
Nov 30, 2004
5,752
2
0
When it comes to qualifying for a loan, requiring the consumer to pay a fee before he or she knows he or she will get the loan is an industry-wide practice.
In Florida, assessing or collecting such a fee is a felony.
You didn't pay the fee before, they billed you after they secured the line of credit.

Edit:

Looked back at the OP and saw this one:

one of the terms was that she would be charged $150
That may be considered assessing a fee. This would literally make it illegal in Florida to ever charge for such a service unless it's a bank or similar. Guess it makes sense with all the seniors their - they must have been getting milked for ages before this law came into effect. Where is the company located?
 
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Cuda1447

Lifer
Jul 26, 2002
11,757
0
71
You didn't pay the fee before, they billed you after they secured the line of credit.

Edit:

Looked back at the OP and saw this one:

That may be considered assessing a fee. This would literally make it illegal in Florida to ever charge for such a service unless it's a bank or similar. Guess it makes sense with all the seniors their - they must have been getting milked for ages before this law came into effect. Where is the company located?



I'm not sure it makes a difference and we pay day the fee on day 1, or on day 4 after they secure a credit line. Furthermore, we rejected the credit line and they opened it anyway. In any case, unless they are exempt from the florida prohibition on charging advanced fee's (which I highly doubt they are, given their website makeup) then they committed a felony. So I am curious, should I be aiming for them to drop this... or should I be the one pursuing legal action against them?

Honestly, I just hate my time dealing with this bullshit. At the same time though I'm pissed as hell and am wondering if I should go after them.
 
Dec 10, 2005
24,459
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Honestly, I just hate my time dealing with this bullshit. At the same time though I'm pissed as hell and am wondering if I should go after them.

You should go after them enough to at least get them to drop the issue against you. Going further could always be good though, helps keep the scum from trapping another victim.
 

Cuda1447

Lifer
Jul 26, 2002
11,757
0
71
You should go after them enough to at least get them to drop the issue against you. Going further could always be good though, helps keep the scum from trapping another victim.

I just responded to their email letting them know that what they are doing is a felony (and I know it is) and telling them I am contacting the BBB, Finance of Regulations and a lawyer. I'm not actually getting a lawyer, as I don't want to waste my money on one. But they don't know that.
 

DigitalCancer

Diamond Member
Apr 6, 2004
3,727
0
76
Make sure that you get a copy of that application, otherwise they might 'update' the wording and it would destroy your case. =/
 

bobdole369

Diamond Member
Dec 15, 2004
4,504
2
0
I just responded to their email letting them know that what they are doing is a felony (and I know it is) and telling them I am contacting the BBB, Finance of Regulations and a lawyer. I'm not actually getting a lawyer, as I don't want to waste my money on one. But they don't know that.

Unless you sue them, they will continue to do this. They don't care about your letter, they get thousands a day. The only thing they care about is something that costs them - and that is to sue them. They will just laugh at you unless there is an actual lawsuit involved.

Your wasting your time with a "scary" letter. The BBB is completely useless and the FL DFR is toothless and won't really do anything in your specific case. So what, the attorney general gets a letter about a company? Bigger fish to fry - the AG and DFR won't do anything specifically for you. Certainly file the complaint - it will go in the database, but don't think they are going to bat for you.

File the lawsuit pro se (by yourself) - it costs $240. You'll get that judgment and if you collect you'll get that $240 back plus reasonable attorney fees.
 

Cuda1447

Lifer
Jul 26, 2002
11,757
0
71
Unless you sue them, they will continue to do this. They don't care about your letter, they get thousands a day. The only thing they care about is something that costs them - and that is to sue them. They will just laugh at you unless there is an actual lawsuit involved.

Your wasting your time with a "scary" letter. The BBB is completely useless and the FL DFR is toothless and won't really do anything in your specific case. So what, the attorney general gets a letter about a company? Bigger fish to fry - the AG and DFR won't do anything specifically for you. Certainly file the complaint - it will go in the database, but don't think they are going to bat for you.

File the lawsuit pro se (by yourself) - it costs $240. You'll get that judgment and if you collect you'll get that $240 back plus reasonable attorney fees.



I agree, I doubt those places will do anything either. I just wanted him to know that I am pursuing every avenue possible, even if I'm not. Really, as long as I can't be taken to small claims court and ruled against, nothing else matters to me. I just couldn't see how I am misinterpreting anything and I could actually be ruled against. *shrugs*
 

bobdole369

Diamond Member
Dec 15, 2004
4,504
2
0
I agree, I doubt those places will do anything either. I just wanted him to know that I am pursuing every avenue possible, even if I'm not. Really, as long as I can't be taken to small claims court and ruled against, nothing else matters to me. *

If you do get served - its actually a good thing. They have paid the $240 and its free for you to countersue and take them to the cleaners.

I just couldn't see how I am misinterpreting anything and I could actually be ruled against. *shrugs

This is how a fair number of scumbag boot-licking collection agencies and junk debt buyer bottom-feeders base their business model.

1. File lawsuit - use shady service method.
2. As defendant isn't really notified, and often the court doesn't ask - (you only have to "certify" that you served the defendant, which means you swear you did it. Sure and I swear she was 18 your honor).
3. Show up in court, when defendant doesn't show - you win the judgment.
4. File liens and do sheriffs levy against defendant.



Example: I heard Dr. Drew talking to Adam Carolla about how a "stalker fan" he had arrested and charged and restraining order slapped - actually sued him for "Performing Illegal Surgery, Medical Malpractice, Auction Tampering, Implant Tampering". Had he not answered the charges - the good Dr. would have a $2500 judgment along with the ability for his stalker to lien his property.

http://www.tmz.com/2010/03/04/dr-drews-alleged-stalker-lawsuit-charles-pearson-kkk/


Felons often sue former rape victims in order to force them to appear in court to throw feces at them and torment the victims further. They have to show up in court or they lose.
 
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