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ShanG

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  1. On the contract we signed, in the Notice To The Buyer section, it does say, "You are entitled to a completely filled-in copy of this agreement". Which, of course, we were not given after we signed it. I'm pretty sure that means that it is referencing the document I attached earlier. http://lastshredsofsanity.com/wp-content/uploads/2013/04/Out-Clause-FlexPay-Page-2-01.jpg
  2. It's not about not wanting to fix the other car, it's about the fact that the manager of the Aamco signed a legally binding agreement which stated he HAD to give us a completed copy of the contract the day it was signed or the contract was VOID and REFUSED to do so after being asked for it by me. TWICE. I am willing to pay the loan back, I just can't afford the current payment of $190.20/month at 185% interest. If this is a legal out, I have to take it for the sake of my family. We bought a new car this past weekend because we had no other alternative. I was not going to put another $1400-$1800 into that beast after we just put in over $1600 in January. We had NO DEBT at all until this car repair loan because we paid everything off in August, 2011. Here is a copy of the agreement in question. I am specifically referring to item #8 and the verbiage in the bottom paragraph:
  3. But, the contract clearly states that the Seller (Aamco) has to give me a copy of the contract or it's void. They didn't. I didn't know about this clause until yesterday. It is legally binding, right? I'll post that page in a bit. Not at my desktop right now. I'm not sure legal aide will help me on this.
  4. Back in January, we had to get a newer used transmission on our old car from Aamco. We didn't have all the money for it, so the manager offered us this FlexPay loan. We had no choice, so we took it. This was our only car. When we went to pick up the car, pay and sign the contract, the Aamco manager WOULD NOT give us a copy of the contract, stating that he needed to keep it in case we didn't pay and the loan company came back to him. Besides, he told us, we would get a welcome package from the company with te contract in it. He did give us a post-it with the company number on it. A couple of weeks later, we got a letter from yet another company saying we were to pay them, not Kahuna Payment Solutions. That company is Monterey Financial. I had to ask 3 times to get them to send me a copy of the contract, which they agreed should have been given to me at the time I picked up the car. All payments have been made on time since then. Here is the issue, that car that we paid over $1600 to have fixed died last week and te cost to fix is more than I wanted to spend. Since it was our only car, we were forced to buy a new one. We cannot afford the car payment and this loan payment. Going through the contract trying to find something that could get us a deferrment or lowered interest, I cam across an agreement signed by the Aamco manager which CLEARLY states that the contract between us and the creditor is BREACHED and VOID if Aamco fails to deliver to me a completed copy of the contract after signing and approval of the services. Is this my legal out? If so, how do I engage it? I need help QUICK because the payment is due on the 20th.
  5. But I need to connect that place you found with this number 866-373-2394 and I can't yet. OY.
  6. EEEWWWWW on the Fb page. LOL The ORIGINAL link you gave me was this: http://www.libertycashloans.com/ I googled "liberty collections/attorneys" and the phone number until my fingers were numb and came up with zilch. LOL
  7. File the FTC complalint. did you follow the links, read the article and google a few names, you arrive at the FTC site. http://www.ftc.gov/o...012/04/amg.shtm http://www.libertycashloans.com/ That's not the same place. This Liberty attorneys/collection agency is not a lender, they are collecting for Plain Green Loans. I need info/address on Liberty for the complaint.
  8. Does anyone know where I can find an address for this Liberty place? And is there a link to the FTC ruling against these type of people who try to evade the law by locating themselves on reservations? Also, is there any chance at all that I can nail these SOB's with fines?
  9. Let me start off by saying that we paid off ALL our consumer debt a year ago August. It tanked our credit, but we are debt free. Well except for an erroneous tax debt stemming from my husband's identity theft in Nov. 2000, that is -- we've been fighting this for nearly 12 years now. Yes, I have proof of all of this -- fraudulent w-2's, letters from those companies stating my husband NEVER worked for them and PIF letters from all our former creditors. And CR showing all debts "paid as agreed". Wednesday morning, I got a call from an Andre Davis asking for my husband. When I asked what company he was from, he said he wasn't from a company, he was from [my county] "processing and assignment division 'in Cali'". I told him that the number did not show on the caller ID as being a county number and that it showed 'unavailable 1' which usually indicated a spam call. To which he responded "well you can think it's a spam call but there will be MISDEMEANOR charges filed against your husband for violations of section 3-1042b for fraud, fraudulent checks and attempting to defraud a financial institution ". But I could stop this from happening by contacting the "lawyer" handling the case at 866-373-2394. Ummm... I already knew this was a scam because no criminal charges can be filed against anyone for consumer debt, but I decided to fish because, quite frankly, this guy pissed me off by pretending to be an officer of the court, lying about criminal charges, and, most importantly referring to California as "Cali". Sorry, but that dumb rap song from the 90's has screwed up more conversations than I care to remember. LOL I called the number and a man answered who did not give his name and reiterated what Andre Davis had said to me. The "lawyer's office" is a place called Liberty. He said the collection account was for a company called Plain Green Loans and my husband owed them over $1800. I told him I knew nothing about this company and he needed to send me something in writing via US mail in accordance with the FDCPA. He said he had sent emails. I told him that wasn't legal, no one could be prosecuted criminally for debt and that he had violated federal and state laws regarding collections by the statements he and the other man had made to me, including giving ME information about my husband's supposed debt. He, of course, disagreed. I hung up with him and called my county DA's office. I asked if the stated department even existed and was told no. I was also told that the special prosecutor's office had received many calls about similar types of things and did I want to file a complaint. Which, of course, I did. I then called the state AG and found out that this Plain Green Loans is not licensed in CA. Then, I decided to call these asshats back and tell them what I'd discovered and that I was filing charges and complaints against THEM for violations of the FDCPA, impersonating an officer of the court and anything else I could find. I also told him that if they attempted to contact my husband, his place of employment, myself or anyone we know again, I would take them to court and any and all correspondence MUST be via US mail ONLY. Then he put his supervisor on the line, a woman named Sarah Cain. She proceeded to tell me that their client was a company called Think Cash. Never heard of them, just like I've never heard of Plain Green Loans. She proceeded to tell me that the FDCPA did not apply to Liberty, only 3rd party collection agencies. I said that unless she was in-house with PGL/TC, she was THIRD PARTY. She didn't like that. When I said that PGL was an illegal company, she stated that if they were illegal, then my husband bears responsibility for taking a loan from an illegal company!! SERIOUSLY?!?!?! She asked about an email address and I said I had no idea who it belongs to because my husband does not have one, only one for work that is just a few months old and strictly regulated. She told me she was doing a background check on the email address to prove it was his. LOL I told her that she wasn't going to get me, she needed to send a letter in the mail with validation of this debt, proof it was my husband's and to never contact either of us, family members, employers or friends by phone again or there would be a lawsuit. In fact, I would likely sue anyways for the false representation of an officer of the court and threat of criminal charges. That really got her. She stated she had heard the entire conversation between myself and the "lawyer" and he'd never said anything about misdemeanor charges. I had to tell her that it was during my initial contact from Andre Davis & my first conversation with the "lawyer" in which the false claims/threats had been made. I also told her that section 3-1042B existed, but only in the IRS tax code. She had no answer for this. I again reiterated that they were to ONLY contact us via US mail and hung up. Ok, after that lengthy story, here are my questions: Does anyone have ant info at all about this Liberty place? Address, phone number -- other than the one I gave earlier? Who are Plain Green Loans/Think Cash? How should I proceed to get them gone and hopefully prosecuted/fined within an inch of their lives? If the FDCPA truly does only govern 3rd party collectors, what laws govern in-house collectors?
  10. I was able to negotiate a $4500 debt down to $300 in August of 2011. But this was all started before the account was sent to their lawyers/collectors. I would call them and ask if there is ANYTHING that can be done to keep this out of the courts (speak to a supervisor). That is exactly what I did. The account is listed a PIF/Paid As Agreed on our CR. It's worth a shot.
  11. Did they ever end up sending you the offer in writing? I am trying to pay off a CO with them, but haven't had any luck. Do you have the contact info for the person you spoke with? Thanks! Yes, I got the letter in writing. I have paid it all off and just received the letter stating as much plus a print out of the account showing zero balance owing. The man I spoke to and made the deal with was Jim Talley. But you need to make sure that your account hasn't been sent to their lawyers yet. If it has, it's out of his hands. If not, then he may be able to help you.
  12. When you get a chance, I'd love the link to that article.
  13. Well apparently I have a guardian angel because I spoke with someone this morning and they are going to settle my account and list it as PAID IN FULL with a ZERO balance on our credit report as long as I pay them $405. And yes, I asked for it in writing. The man I spoke with said that because we have had the account for so long and the original amount has already been paid, all I have to do is pay this amount as the difference between what we owed and what Kay's thought they would make in interest and we're done. He was a very nice man. Can you color me thrilled? It will be in writing (no, I'm not paying until I get that letter), and ALL of our bills (except rent and utilities) will be paid off by the end of the month! I'm curious how long it will take for our FICO to improve over this? We will have nothing else on our credit unless we get 1 or 2 small credit cards just to use for gas a couple times a month and pay off those balances in full just to help our credit get better. Is this what we should do to improve the FICO? Thank you all for your help. I appreciate it.
  14. So basically, just wait and see and stay scared?
  15. It didn't balloon to that in just 90-days. We have been1-2 payments behind for quite a while. We miss a month, then pay a month, etc. I think they call that slow pay? But things have happened in the last couple of months that we missed payments, were in 60-day, I did a payment by phone and it was, according to them, sent back by my bank as NSF (later told it was stop payed), but my bank has no record of the payment ever coming to the account. We got hacked in April and they stole my husband's entire paycheck. We had to get a new account, everything got behind from there worse than it was before. My question is, will they actually file a suit after the 6th (and because they won't give me any real info) or is there a 90-day collection dept that I can work out payments with? Is this normal practice or am I scared for nothing?

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