Yesterday I paid off all of my credit card bills as I wanted to be rid of my debt. I have a pay day loan that I need to pay back but have defaulted on it (financial issues). In October 06, I closed my checking account do to fraudulent activity and reopened a new one however I failed to advise the pay day place as it was only October and I was getting my bonus in January so I would pay it back then. I received a call from a guy claiming to be from the Fraudulent Dept. and advised me that my name was being submited to a system called ETracks for fraudulent checks. He advised that if it is submitted to e-tracks, all of the local law enforcements will have my info and a warrant can be issued and i will be given a criminal record for fruadulent checks! I said why wouldn't the company contact me when the debit was returned! Why would they keep submitting it to a closed account! He said if it's not paid by tomorrow he will submit my name through etracks and get this, I have to pay him!
2007-01-17 15:20:11 · 9 answers · asked by Nancy D 1 in Business & Finance ➔ Credit
Continuation: He said that i can not make the payment through the company as it will not post on time. I think he's a collection agency but the Etracks thing really scares me! I can't risk having something like this on my criminal history. I'm a good Christian woman, I'm not a criminal! If I get a history, it would be so hard for me to get employment! I don't understand why they would continue to make an ACH debit on a closed account without contacting me after it was returned. Has anyone ever heard of anything like this?? Can someone really be given a criminal history from a software. Wouldn't they have to be arrested first?
2007-01-17 15:23:21 · update #1
I forgot to mention that because I paid off all of my credit cards, I'm short on funds and wont be paid until next week!
2007-01-17 15:24:17 · update #2
I just want to confirm that I "WILL NOT" be given a criminal history without first being arrested correct? That way, I can prove that I don't write fraudulent checks and that I had my account closed for suspicious activity and also that the company never had any troubles getting the fees from be prior to October. If etracks will not give me a criminal record, I would atleast have a chance to settle this bill. I can't even sleep or eat, I'm so worried. This is definitely a lesson learned. Oh get this, he said he called me to let me know what was going on as he sees that I do not have a criminal record. He said he usually does that for people without the record but anyone who has the record, he just submits to etracks.
2007-01-17 15:36:51 · update #3
Stop - DO NOT PAY HIM anything.
Contact the bank, or lending institution where you have the loan.
1. Tell them there were mistakes and you need to clarify them.
2. Tell them you need to speak with a supervisor immediatley.
3. Talk to the Supervisor - only, from where you got the loan.
4. Ask for immediate help.
5. Tell them that you believe this man is harassing you and that is against the law.
6. Tell them if they don't stop this man - who you have no idea whether he is real or a fraud himself -
you will contact your State's Attorney General's office for his threats and harassment.
7. Tell them you want to pay - but you had to change your checking account - and you wish to straighten this out and you want reasonable timely payments.
8. If this guy does not stop, you will call the local police to report him for harassment and threats!
9. You could call the Better Business Bureau or your local authorities to see if this man is a fraud.
10. Do not talk to this man ever again - as I believe this is illegal.
11. You are right the "COMPANY' SHOULD CONTACT YOUR DIRECTLY.
12. DON'T TALK TO HIM AGAIN.
13. DON'T TAKE ANY MORE CALLS.
14. GET READY TO CALL THE POLICE ON HIS THREATS AND HIS LACK OF SENDING YOU - WRITTEN INFORMATION ON WHATEVER IT IS HE HAS.
GOD bless.
CPA-retired
MBA-Boston Univ.
2007-01-17 15:34:18 · answer #1 · answered by May I help You? 6 · 0⤊ 0⤋
He does sound like he is from a collection agency. Without knowing all of the details I would get an attorney. If he calls back let him know you will pay the debt but you need a letter confirming the amount. If this is legitimate they will send it out and this will usually shut them up for a few days. If it is not you will never hear from them again.
You can also let him know Creditors are not allowed to threaten you with arrest or jail time. They do not have the power to do that only the courts do. If they do threaten you, there are legal actions you can take against them.
I am not sure what state you are in but this is the California guidelines that are probably pretty similar.
2007-01-17 23:28:12 · answer #2 · answered by OC1999 7 · 1⤊ 1⤋
i have never even heard of ETracks, they only system i have heard of is Chex Systems. it sounds like a egregious violation of the fair debt collections act. read it, and assert your rights under it. tell him you will pay (on the date you can) tell him to no longer call you at home. you mentioned ID theft. how do you know that this guy is even from them? pay as soon as you can, and do it through the company, not him.
2007-01-17 23:32:57 · answer #3 · answered by Jen 5 · 0⤊ 0⤋
Don't pay the guy ANYTHING! Call the company you owe and ask if he is legit! Tell them you WILL NOT deal with the Jerk over the phone.He is just trying to scare you. Make arrangement to pay what you owe even if it is only $5 a week. Then call the telephone company and report him for harrassing you over the phone!
2007-01-17 23:31:13 · answer #4 · answered by kat 1 · 1⤊ 0⤋
It might be a good time to consider speaking to a financial counselor....Contact your local social assistance for a referral.
That creep sounds like he may be border-line illegal in his approach. You need professional support. (especially that part about paying 'him'.)
If you are going to pay anyone, it would be the Lender.....but since the Lender has let loose this Bozo on you - get some knowledgeable help.
Good Luck to you...and congratulations on working through your repayment program.
2007-01-17 23:32:33 · answer #5 · answered by smiling_freds_biz_info 6 · 0⤊ 0⤋
i havent heard of etrack before but if this is true and thay issue a warrent that will be to arrest u for the debit or check that is how the crimeal histrory comes in at
2007-01-17 23:30:29 · answer #6 · answered by gizzy081982 1 · 0⤊ 1⤋
Typical low life collection agent, dont sweat it. They have rules to follow too read up on your rights and play hard ball. They cant really do anything to you, they just try to sound scarry tell him to F off when he calls again then send him a letter thats states he can no longer contact you unless its through the mail. Dont be frightened into talking with them either they will use everything you say against you, treat them as an enemy and ignore their threats.
2007-01-18 01:44:24 · answer #7 · answered by BIG-IRON 3 · 0⤊ 1⤋
" I have to pay him" + "He said that i can not make the payment through the company".... sounds to me he wants the money to himself than for the company.
2007-01-17 23:28:46 · answer #8 · answered by AskWho 1 · 0⤊ 0⤋
Liten to "May I help you" and give the answerer the best answer distinction...signed, another MBA
2007-01-17 23:49:32 · answer #9 · answered by mikeyvee 1 · 0⤊ 0⤋