
Arlene of Grover, NC on July 21, 2009
I am on social security disability and at one time had an account with Truliant Federal Credit Union, which has been closed for several years due to National Cash Advance us,or Cash Advance us, or Cash advance, whatever name they are using now. I supposely asked for a payday loan in the amount of $300. Which I do not see any contracts or received a copy of my agreement which I have required several times. I have spoken to Mr. K. several times, along with receiving emails about the balance.
I have been treated with legal action since June 17,2007. I sent an email to a supervisor name Jeff, no last name, and advised him that I would not be harassed by phone calls or threatening emails. One of my references was called, and the message was left on her answering maching that I owed them $570, and was 90dayd delinquent, she was asked to loan me the money, and then try to get in contact with me to have them call. Which I have a tape recording of the representative leaving the message on 3rd parties answering machine. I know this is against the Fair Debt Collections Practices Act, and that no creditor can speak with anyone other than the person whom they are looking for.
I received a call from Evans & Associates, Harlem Rd, Suite 400-329, Buffalo, NY 14215, file#9603260, who have left some strong messages about legal actions being taken, in Cleveland county in which I live, I informed them I wasn't going to pay for this based on the facts my rights were violated. Several notices and other collections agencies have called about this account and I have let them hear the tape and they have sent it back to the owner, whoever it is. I have spoke with an attorney Andrea F., who wanted $500 to represent me, but I don't have that kind of money. I explained to the male today that I would not pay this loan, until I got some answers, he informed me that I would be responsible for $1800 worth of legal fees and $600.00 for this payday loan. This is an email sent 7/18/2007 from me to them
"There has been no intentional breach of contract, the breach has been on me and my account. I have been working with my bank Truiliant FCU to find out how my money was taken out of my account fraudually and who authorized my checks. I have filed identity theft charges and are waiting for the investigation to be completed. I have also had the above account closed and any payments to anyone will be made by postal money order,
"You have always received your money on a timely basis, there is no reason to threaten me with any form of legal actions. The harm is that you didnt get you money, the harm that has been done to me is that my whole check has been taken. I ask that you allow 30days from today, then the investigation will be complete and I will make arrangments around 7/12/07. Once I have received my July check which is the 11th. No more will I trust anyone to debit anything out of my account. Thank you for your cooperation in handling this serious matter."
This was their response. "Loan Balance $550. You have allegedly defrauded National Cash Advance. A prompt reply to this communication will demonstrate your intent to remedy the current violations of your contract with our company. If you do not respond within 24 hours of receipt of this email I will be forced to assume that your intentions were illicit. CIVIL LAW has positively been violated and there are possible CRIMINAL INFRACTIONS. We cannot bring criminal charges against you directly but we reserve the right to contact your local District Attorney's office and as most Grand Juries meet every few weeks at which time they determine criminal charges to be brought against any parties involved in illegal activities. My future actions will be predicated upon your immediate response to this email. Reparations are expected upon receipt of this email. Govern yourself accordingly. THIS WILL SERVE AS OFFICIAL NOTICE OF PENDING CIVIL ACTION. Mr. K. Senior Legal Advisor Pre-Court Processing, Legal Department National Cash Advance"
Truilant FCU closed my account for over 250.00 worth of NSF fees, by this so call company, I am disabled and have suffered several strokes,my nerves are a mess due to depression and these threatening messages left on ,my phone, my reference was made aware of my personal business, I can't afford to pay the debt, the interest was 400%, and I didn't realize what I was getting myself into. When I found out I had an additional $300 in my account, didn't know where it came from, and medical expenses, co-pays and medication has drained all of my finances. I live from check to check, and being threatened with legal actions, I didn't have a checking account, but the fact that I would be in summons to court to pay 2400.00 for the price of 300 is outrageous.
I can't even afford a vehicle now, due to the amount of repairs I owe. I live off 1223.00 monthly social security disability and have a 14 year old still at home, I have been upset and had my son take my blood pressure after talking with Evans and Associates and it is 140/100 as of today 7/20/09, I don't have a way to the hospital, plus I just took some medicine to calm my nerves. I pray that I don't have a stroke tonight.