19 replies to this topic

[tcjarrett]

Here is a rundown..

i am in Kansas.
Payday loan in June 2009
Bank account has been closed for 3 years
Moved to another town in Kansas 3 years ago
Different phone number now than I had when I took out the loan
Original amount of loan $500
Taken out at a store front, so it was legit. (I believe it is Check N Go)

Got a voice mail from an attorney today. I called them back.They say they are from Patrick Connor and Assoc. Did not say the "this is an attempt to collect a debt" etc so I think they are a real attorney. Googled the name and phone number and searched the boards and found nothing. They gave the correct address that I lived at 3 yrs ago and had the name of one of my references and the person who verified my employment (all info that I doubt a CA would have) I did not give them any info or admit to the loan being mine over the phone. Told them this is the first I'm hearing about this litigation.

They said they sent correspondence to my old address on june 22, 2012 and since it was not returned by the postal service they assume I received it. I have not lived there for 3 yrs and mail is only forwarded for 6 months when you move. Unless the new resident marks return to sender then no it would not be returned. ( I lived there for 4 years and the mailman always delivered the mail for the tenant before me, duh) They said they are retained for 30 days to offer me a settlement and then they send it back to the loan company to go to the courts and file suit. The 30 days are up on July 22. Today is July 18. Nice. They said they would email me the settlement offers (either pay the whole $500 or pay $650 in three installments and either way they have to receive a payment this month)

I gave them my email address and requested they send the settlement offer and copies of any other correspondence they had previously sent as I have not received anything. They left another message saying it had been emailed. I have checked my email and my junk mail and have received nothing.

I am not in a position financially to pay anything on this debt this month. And I'm really in no position to have the debt doubled and a judgement on my credit. SOL for written contracts in KS is 5yrs and promissory notes is 6yrs so they are within SOL no matter how you categorize payday loans.

My questions are this...Are they required to send correspondence CM? How did they get my new phone number to call me at the end of the 30 days but didn't have the correct address at the beginning of the 30 days to mail me the notice? Are either of those points viable in court? I did not give them my current address (they didn't ask) so if they do send a summons will it go to the old address? And if so is it not valid if I am not served personally?

What should I do? Should I ignore them and wait to see if they sue? I will most likely lose because I did take out this loan and it sounds as if they have every intention of filing suit. Unless there is a loop hole in their procedure (which I doubt. They sounded very rehearsed like they do this a lot) Should I contact the payday loan place and set up arrangements with them? I'm thinking this may be a better move for me financially as maybe they will lengthen and lower the payments if I am taking the initiative to pay them ??

I've searched all over the boards and found some good info on payday loans, but most of it refers to the online ones which are often illegal. This one is a store front loan. I know they are not going to sit on this another 2 or 3 yrs til SOL expires so I will have to re-pay it before then. I'm self employed so they can't garnish my wages but they can take other measures and I'm trying to fix my credit report so a judgement would be a huge step backwards. I can set up payment arrangements but they will be very low and it seems this attorney is not going to accept that. I'm thinking to call check n go and see where i can get with them to hold off a lawsuit. Suggestions or info please!! I only have a couple of days to figure this out.

[ollie31]

Try a search using patrick connor payday loan. They seem to be the worst of the bunch. Most places like this are just all threats and wont do much more than that to try and collect from you.

http://800notes.com/...-numbers-here-2

Edited by ollie31, 19 July 2012 - 06:35 AM.

[ICANHASMUNY?]

I call BS. some one is using a real firms name.

Patrick Connor and Assoc is a tax firm out of Texas not a Collection Agency

https://www.oag.stat...oconnor_pop.pdf

Scam.

http://whocallsme.co...aspx/8663911303


they claim they are going to file suit in KA??? are they licensed before the KA state Bar?

search for them here. http://www.legaldire...om/default.aspx



Also, read the Pinned topic - "How to deal with collection calls" http://creditboards....howtopic=486657

They do have to send you a formal letter within 5 days after the first contact ( after you answer the first call. )


If they are stating that they are an attorney, ask for their state license # , and what state they are licensed in?

if they won't give that information, state that you are going to file a complaint with the State Bar Association for impersonating an attorney.

[tcjarrett]

Ok Thanks for the info. I also saw the Patrick Connor in Texas but it was Patrick O'Connor. The number they are calling me from is in New york. 716-514-4883 or 716-514-4580. All the reverse listings I do don't list the name, just that the number is out of New York. I saw a lot of stuff online about the scam but these people do not have accents so I don't know if they have just gotten better at impersonating attorneys or if it's legit. They do end every conversation or message with "Good luck to you" lol. I'm going to call them and check their credentials.

I call BS. some one is using a real firms name.

Patrick Connor and Assoc is a tax firm out of Texas not a Collection Agency

https://www.oag.stat...oconnor_pop.pdf

Scam.

http://whocallsme.co...aspx/8663911303


they claim they are going to file suit in KA??? are they licensed before the KA state Bar?

search for them here. http://www.legaldire...om/default.aspx



Also, read the Pinned topic - "How to deal with collection calls" http://creditboards....howtopic=486657

They do have to send you a formal letter within 5 days after the first contact ( after you answer the first call. )


If they are stating that they are an attorney, ask for their state license # , and what state they are licensed in?

if they won't give that information, state that you are going to file a complaint with the State Bar Association for impersonating an attorney.

[mk_378]

716 area code, smells like the Buffalo gang.

[Jaymes]

http://whocallsme.co...aspx/8663911303

[underaware]

it's a total scam. ask them for their address and send them a formal DV, sent CMRRR and start racking up the violations.

[beach70]

Yeah, these "I'm trying to help you settle before you go to court" ppl are popping up alot lately. So funny they have your new number, but not your new address? Would be interesting to see what they email you if they do. Otherwise, if they call again, tell them to mail you the info., don't give them anymore info. They might be just phishing even though they have all your info. I wonder how they want you to make the payment, by card?????

[tcjarrett]

Yeah, these "I'm trying to help you settle before you go to court" ppl are popping up alot lately. So funny they have your new number, but not your new address? Would be interesting to see what they email you if they do. Otherwise, if they call again, tell them to mail you the info., don't give them anymore info. They might be just phishing even though they have all your info. I wonder how they want you to make the payment, by card?????

So I called them this morning. Was very calm and polite. Told the man I did not receive the email and I have a couple of questions. He verified my email address correctly.
Me: Can you tell me why nothing was mailed to me?
Him: This is in litigation. We are trying to reach a settlement with you before advising our client to move forward with legal action.
Me: Ok. So if it's in litigation why was nothing mailed to me? I knew nothing about this until 2 days ago.
Him: Well we have been calling you for 2 months
Me: No you havent. I got the first message from you on Tuesday
Him: Well my notes say we have called you for 2 months. Listen maam, there is no need for you to get upset.
Me: I'm not getting upset, but what number were you calling?
Him: The number you are calling me from right now. There is no reason for you to talk over me and try to belittle me or get rude and upset.
Me: I'm not talking over you. It sounds like you are the one getting upset. I just have a few questions. What number have you been calling, why haven't I received anything in writing and what is your license number to practice in my state?

etc etc so then he starts getting mad and talking over me. Saying he will not lose his professionalism because I'm being rude. I asked could I give him a different email. He said he will not email me anything else this call is being recorded, I'm the one who will have to see the judge, not him.

It actually became humorous to me. It was like he was having a conversation with someone else cause I was totally calm, collected and not arguing. He even said he wouldn't answer any of my questions until i stopped talking over him and listened. I said "ok, i'm listening" *pause* He said "what are your questions?" LMBO!!!

I still have not received any email from them. Not once in the course of asking why nothing was mailed did he ask for my address or confirm my address. (I have not given them my current address anyway) This particular guy has a voice mail message when you call him back. The first lady does not...it just says the person you are calling is not available. So I feel like this is really a scam. They sounded very professional and proper at first but there are just too many odd things that don't make sense.

So...to anyone out there who receives a call from Patrick Connor and Associates, i think it's a scam and they will try to passively intimidate you. They don't make the threats like "you're going to jail, we know where you work" etc etc. They leave messages saying "you or your attorney needs to call us back and if you choose not to we will proceed with filing suit in your jurisdiction. Good luck to you" They even had a case number...which is very strange considering nothing has been filed in court yet, isn't it? Thanks everyone for your research and input. If I find out anything else I will update.

[ICANHASMUNY?]

http://www.nyc.gov/h...ndex_en_0.shtml

[bozzburg]

LMAO@ this. I was in a similar situation with something similar to this. Its all exaggerated on their end hoping that you will cough some money up. Payday loans are dangerous if you get into snooker with them. If you don't pay them off within the 2 week period like most maturity dates for them, you are screwed. They become not payable. If you need money that badly and can find the right one, the fees are equivalent to a CC advance. Like I said though if you get into a payment cycle with them you can never pay them off. I would say just ignore the calls and don't toy with them. Its one of those ya' never know situations but if they wanted to, they could sue with the right resources. IGNORE IT!!!

[Floyds4]

Here is a rundown..

i am in Kansas.
Payday loan in June 2009
Bank account has been closed for 3 years
Moved to another town in Kansas 3 years ago
Different phone number now than I had when I took out the loan
Original amount of loan $500
Taken out at a store front, so it was legit. (I believe it is Check N Go)

Got a voice mail from an attorney today. I called them back.They say they are from Patrick Connor and Assoc. Did not say the "this is an attempt to collect a debt" etc so I think they are a real attorney. Googled the name and phone number and searched the boards and found nothing. They gave the correct address that I lived at 3 yrs ago and had the name of one of my references and the person who verified my employment (all info that I doubt a CA would have) I did not give them any info or admit to the loan being mine over the phone. Told them this is the first I'm hearing about this litigation.

They said they sent correspondence to my old address on june 22, 2012 and since it was not returned by the postal service they assume I received it. I have not lived there for 3 yrs and mail is only forwarded for 6 months when you move. Unless the new resident marks return to sender then no it would not be returned. ( I lived there for 4 years and the mailman always delivered the mail for the tenant before me, duh) They said they are retained for 30 days to offer me a settlement and then they send it back to the loan company to go to the courts and file suit. The 30 days are up on July 22. Today is July 18. Nice. They said they would email me the settlement offers (either pay the whole $500 or pay $650 in three installments and either way they have to receive a payment this month)

I gave them my email address and requested they send the settlement offer and copies of any other correspondence they had previously sent as I have not received anything. They left another message saying it had been emailed. I have checked my email and my junk mail and have received nothing.

I am not in a position financially to pay anything on this debt this month. And I'm really in no position to have the debt doubled and a judgement on my credit. SOL for written contracts in KS is 5yrs and promissory notes is 6yrs so they are within SOL no matter how you categorize payday loans.

My questions are this...Are they required to send correspondence CM? How did they get my new phone number to call me at the end of the 30 days but didn't have the correct address at the beginning of the 30 days to mail me the notice? Are either of those points viable in court? I did not give them my current address (they didn't ask) so if they do send a summons will it go to the old address? And if so is it not valid if I am not served personally?

What should I do? Should I ignore them and wait to see if they sue? I will most likely lose because I did take out this loan and it sounds as if they have every intention of filing suit. Unless there is a loop hole in their procedure (which I doubt. They sounded very rehearsed like they do this a lot) Should I contact the payday loan place and set up arrangements with them? I'm thinking this may be a better move for me financially as maybe they will lengthen and lower the payments if I am taking the initiative to pay them ??

I've searched all over the boards and found some good info on payday loans, but most of it refers to the online ones which are often illegal. This one is a store front loan. I know they are not going to sit on this another 2 or 3 yrs til SOL expires so I will have to re-pay it before then. I'm self employed so they can't garnish my wages but they can take other measures and I'm trying to fix my credit report so a judgement would be a huge step backwards. I can set up payment arrangements but they will be very low and it seems this attorney is not going to accept that. I'm thinking to call check n go and see where i can get with them to hold off a lawsuit. Suggestions or info please!! I only have a couple of days to figure this out.

I used to work at Check into Cash back when I was around 18 or 19, and they used everything trick in the book to get the money. I've never heard anything about actual lawyers or lawsuits, this is a tactic to get you to pay them back. I hated working there because I'd see these people just giving there money away to these sharks. That's why they don't loan to military anymore because the govt. told them that they could only charge us $1 for every $100 that they loaned us. Next time anyone thinks about getting a loan from one of these places it's just best to pretend that they don't exist.

Edited by Floyds4, 23 July 2012 - 09:28 AM.

[JunkBuyersWorstNightmare]

Yeah, these "I'm trying to help you settle before you go to court" ppl are popping up alot lately. So funny they have your new number, but not your new address? Would be interesting to see what they email you if they do. Otherwise, if they call again, tell them to mail you the info., don't give them anymore info. They might be just phishing even though they have all your info. I wonder how they want you to make the payment, by card?????

So I called them this morning. Was very calm and polite. Told the man I did not receive the email and I have a couple of questions. He verified my email address correctly.
Me: Can you tell me why nothing was mailed to me?
Him: This is in litigation. We are trying to reach a settlement with you before advising our client to move forward with legal action.
Me: Ok. So if it's in litigation why was nothing mailed to me? I knew nothing about this until 2 days ago.
Him: Well we have been calling you for 2 months
Me: No you havent. I got the first message from you on Tuesday
Him: Well my notes say we have called you for 2 months. Listen maam, there is no need for you to get upset.
Me: I'm not getting upset, but what number were you calling?
Him: The number you are calling me from right now. There is no reason for you to talk over me and try to belittle me or get rude and upset.
Me: I'm not talking over you. It sounds like you are the one getting upset. I just have a few questions. What number have you been calling, why haven't I received anything in writing and what is your license number to practice in my state?

etc etc so then he starts getting mad and talking over me. Saying he will not lose his professionalism because I'm being rude. I asked could I give him a different email. He said he will not email me anything else this call is being recorded, I'm the one who will have to see the judge, not him.

It actually became humorous to me. It was like he was having a conversation with someone else cause I was totally calm, collected and not arguing. He even said he wouldn't answer any of my questions until i stopped talking over him and listened. I said "ok, i'm listening" *pause* He said "what are your questions?" LMBO!!!

I still have not received any email from them. Not once in the course of asking why nothing was mailed did he ask for my address or confirm my address. (I have not given them my current address anyway) This particular guy has a voice mail message when you call him back. The first lady does not...it just says the person you are calling is not available. So I feel like this is really a scam. They sounded very professional and proper at first but there are just too many odd things that don't make sense.

So...to anyone out there who receives a call from Patrick Connor and Associates, i think it's a scam and they will try to passively intimidate you. They don't make the threats like "you're going to jail, we know where you work" etc etc. They leave messages saying "you or your attorney needs to call us back and if you choose not to we will proceed with filing suit in your jurisdiction. Good luck to you" They even had a case number...which is very strange considering nothing has been filed in court yet, isn't it? Thanks everyone for your research and input. If I find out anything else I will update.

[SomeGuyInCA]

Yeah, these "I'm trying to help you settle before you go to court" ppl are popping up alot lately. So funny they have your new number, but not your new address? Would be interesting to see what they email you if they do. Otherwise, if they call again, tell them to mail you the info., don't give them anymore info. They might be just phishing even though they have all your info. I wonder how they want you to make the payment, by card?????

So I called them this morning. Was very calm and polite. Told the man I did not receive the email and I have a couple of questions. He verified my email address correctly.
Me: Can you tell me why nothing was mailed to me?
Him: This is in litigation. We are trying to reach a settlement with you before advising our client to move forward with legal action.
Me: Ok. So if it's in litigation why was nothing mailed to me? I knew nothing about this until 2 days ago.
Him: Well we have been calling you for 2 months
Me: No you havent. I got the first message from you on Tuesday
Him: Well my notes say we have called you for 2 months. Listen maam, there is no need for you to get upset.
Me: I'm not getting upset, but what number were you calling?
Him: The number you are calling me from right now. There is no reason for you to talk over me and try to belittle me or get rude and upset.
Me: I'm not talking over you. It sounds like you are the one getting upset. I just have a few questions. What number have you been calling, why haven't I received anything in writing and what is your license number to practice in my state?

etc etc so then he starts getting mad and talking over me. Saying he will not lose his professionalism because I'm being rude. I asked could I give him a different email. He said he will not email me anything else this call is being recorded, I'm the one who will have to see the judge, not him.

It actually became humorous to me. It was like he was having a conversation with someone else cause I was totally calm, collected and not arguing. He even said he wouldn't answer any of my questions until i stopped talking over him and listened. I said "ok, i'm listening" *pause* He said "what are your questions?" LMBO!!!

I still have not received any email from them. Not once in the course of asking why nothing was mailed did he ask for my address or confirm my address. (I have not given them my current address anyway) This particular guy has a voice mail message when you call him back. The first lady does not...it just says the person you are calling is not available. So I feel like this is really a scam. They sounded very professional and proper at first but there are just too many odd things that don't make sense.

So...to anyone out there who receives a call from Patrick Connor and Associates, i think it's a scam and they will try to passively intimidate you. They don't make the threats like "you're going to jail, we know where you work" etc etc. They leave messages saying "you or your attorney needs to call us back and if you choose not to we will proceed with filing suit in your jurisdiction. Good luck to you" They even had a case number...which is very strange considering nothing has been filed in court yet, isn't it? Thanks everyone for your research and input. If I find out anything else I will update.

Did you get their address? Did you ask them point blank if they are debt collectors? Their refusal to provide answers to either question would have been violations.

Now that they have contacted you, they are obligated to follow up with you within 5 days in writing providing you notice of 1) Amount of the debt, 2) Name of the creditor, 3) Information on how to dispute. But since you are trying to avoid giving them your address, they can't do that... so you in effect are giving them a pass on what would otherwise be an almost certain violation. I understand not wanting to give them your address, but it is mostly pointless. If they DO have a valid case against you, not having your current address won't stop them, but it could hurt you. If they don't, then for you to properly dispute, you will need to provide your address anyway, and by not doing so, you give them a pass for not having complied with statute.

You should at least have gotten their address - I hope you did.

What you need to do is send them a demand for validation, CMRRR, and specify that you require their response in writing to <your address> only. There is a huge probability that they won't respond to you, which is a total violation and the CM return receipt will act as proof of it.

They won't respond, I almost guarantee it. Most of these bottom feeding JDB's, especially those collecting on payday loans and the like, treat the FDCPA as if it represents a body of suggestions. Their MO is almost universally similar: only phone calls, never anything in writing, impersonating attorneys, never disclosing that they are debt collectors, etc. They'll take you if they can, just like the crooks they are. You need to FORCE them to follow the law... odds are they either can't or won't, and your insistence will either send them packing or give you grounds to prevail against them in court.

[ICANHASMUNY?]

there are lots of Payday loan scams going about -

there was a security breach a few years ago, and Teletrack got in toruble for selling personal information to marketers

and God only knows where that information ended up - these are Scam artists, plan and simple, not JDB's.



http://ftc.gov/opa/2.../teletrack.shtm

http://www.ftc.gov/b...rts/alt076.shtm

http://www.ftc.gov/o...4/broadway.shtm



if you have the phone number, file a complaint with the FTC and your state AG.

[scottg02]

I fell for almost the same thing about six months ago. Someone pretending to be an attorney said there were serious charges against me unless I settle an old pay day loan in the next 5 days. It was for $200. It was from 6 years ago and I remember I was getting pay day loans than from the company they said the OC was so I thought it might be legit, and since it was a small amount I offered a pay for delete (this was before I started my credit repair, I was just about to start, and I just assumed it was on my reports - it wasn't), if they sent me something in writing. The guy agreed IMMEDIATELY, which should have tipped me off. After they sent the PFD docuementation I put money in a checking acocunt I don't use anymore and paid them with that debit card. The next day I felt weird and looked them up and of course they were a scam. Good news is, I reported it to the bank and disputed the transaction and they reversed it after I showed them what other people were saying about them. I almost felt like I deserved to not get my money back because I was so stupid, but I've definitely learned my lesson and won't ever do anything so dumb again.

[tcjarrett]

I fell for almost the same thing about six months ago. Someone pretending to be an attorney said there were serious charges against me unless I settle an old pay day loan in the next 5 days. It was for $200. It was from 6 years ago and I remember I was getting pay day loans than from the company they said the OC was so I thought it might be legit, and since it was a small amount I offered a pay for delete (this was before I started my credit repair, I was just about to start, and I just assumed it was on my reports - it wasn't), if they sent me something in writing. The guy agreed IMMEDIATELY, which should have tipped me off. After they sent the PFD docuementation I put money in a checking acocunt I don't use anymore and paid them with that debit card. The next day I felt weird and looked them up and of course they were a scam. Good news is, I reported it to the bank and disputed the transaction and they reversed it after I showed them what other people were saying about them. I almost felt like I deserved to not get my money back because I was so stupid, but I've definitely learned my lesson and won't ever do anything so dumb again.

They have not called back. I have not contacted them either. The last time I spoke with them I started asking questions, like who the OC was exactly, why nothing was mailed. The guy just started yelling over me and saying he wouldn't be treated like this. ??? So they never gave me an address. I never got a chance to ask for their address. In my course of trying to ask for something in writing and tell them I didn't receive the email "settlement offer" he never once asked for my current address. The first lady said they had mailed correspondence to my last address. I told her I hadn't lived there for 3 years. A legit agency would have immediately asked for my current address...especially if they wanted to serve a summons. I even offered to give them a different email so I could receive their offer and he refused. Before the first email was sent I requested they send copies of all correspondence they ever sent to the last address. She would avoid the question until I repeated myself about 3 times then she said ok...still never asked for my new address. They didn't care because they don't have anything legit to mail. I'm assuming they sent some bogus email with info on how to give my banking info to make payment and then they could drain my account and never be heard from again. I'm so glad I found this forum or I most certainly would have caved. I have a lot of old debts and my credit report is pretty ugly. I've had some hard financial times, I'm not a bum...I work hard and support a family. I'm frugal actually...don't spend on stupid things and I do pay my bills. Of course I would like to delete and get rid of as much debt as possible but I don't have a problem paying things off..when I'm able to. but things like this I refuse to make a priority when I'm trying to put food on the table...especially if they are a scam. The scammers are getting better, but if you educate yourself a little and keep some things in mind (keep your personal and banking info private, you should never have to wire money or pay to get money, anything legit can always be proved IN WRITING) and always remain calm on the phone if you have to talk to them. Don't say too much, ask a lot of questions, and remember no matter what they say you have rights and this forum is a great place to find out more info about your rights.

[Floyds4]

"...priority when I'm trying to put food on the table...especially if they are a scam. The scammers are getting better..."

Do you think that they were scammers? Meaning that you didn't owe them anything? Or did you mean that the real company is playing mind games and trying anything to get the money that you agreed to return to them? Just wondering.

[ICANHASMUNY?]

"...priority when I'm trying to put food on the table...especially if they are a scam. The scammers are getting better..."

Do you think that they were scammers? Meaning that you didn't owe them anything? Or did you mean that the real company is playing mind games and trying anything to get the money that you agreed to return to them? Just wondering.

they don't sound like a real legitimate CA - they should have asked for her address , and mailed something to her.

they don't have any documentation to send her, may not even own the debt, and were just going for the intimidation route

it sounds like the Buffalo gang cleaned up their language and lines so they don't get the complaints to the AG is about it.

there have been folks who paid one JDB, only to be sued by a different one.

[Floyds4]

"...priority when I'm trying to put food on the table...especially if they are a scam. The scammers are getting better..."

Do you think that they were scammers? Meaning that you didn't owe them anything? Or did you mean that the real company is playing mind games and trying anything to get the money that you agreed to return to them? Just wondering.

they don't sound like a real legitimate CA - they should have asked for her address , and mailed something to her.

they don't have any documentation to send her, may not even own the debt, and were just going for the intimidation route

it sounds like the Buffalo gang cleaned up their language and lines so they don't get the complaints to the AG is about it.

there have been folks who paid one JDB, only to be sued by a different one.

Oh ok thanks, I know that sometimes my supervisor would play tricks to get people to pay. I hope more people have the sense to see some legitimate information before they open their wallets