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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27685
Experience:  Lawyer
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Ello I had gotten a online cash advance in 2013 an dthe account

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ello I had gotten a online cash advance in 2013 an dthe account that I had used it with had gotten it with had been hacked into so I had to close the account. I had a called them and told them what happened and agreed to make installments to pay off the loan. I unfortunately didn't finished making all the installments but hadn't heard from them again until February of this year. In February, get a call from a legal group saying that they are calling for the payday loan and they will file check fraud charges against me if I do not pay $1,928. I set up payment arrangements to pay it. A couple of weeks after I set all this up,I get a call from a different legal mediation group with my same claim number giving me a cheaper amount to pay the entire bill of and so I paid it and received a restitution letter via email. When I received a call from the first group asking about my payment, I told them about the second mediation group and paying it off through them,she tells me that she believes that I have been scammed,that their system had been hacked and I still owed the money. What should I do?
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 7 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened. The first step is to find out if the company currently calling you is legitimate. If they are, I'm sorry to say, the fact that another person pretending to be a debt collector scammed you wouldn't relieve you of liability for the debt, because they're not responsible for that. You have a right under the Federal Debt Collection Practices Act to send them a letter demanding validation of the debt. Request a return receipt, because one they get the letter, they have 30 days to produce information showing that you owe the debt (and you can ask for proof that they also have the right to sue to collect it). They're not allowed to contact you about the debt again until they produce validation. Here is a sample letter.http://usacreditlawyer.com/debt-collection/rights/Sample-Debt-Validation-Letter.pdf Once you get information (or they fail to send it), that should help you determine your next step. It's a violation of the FDCPA to tell someone they'll go to jail for non-payment of a debt, so if they try that again, you can let hem know you intend to sue them for $1,000 under the act. Meanwhile, you can report the second company that called to the Federal Trade Commission for scamming you out of your money.https://www.ftccomplaintassistant.gov/ If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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