Below is a letter I received for the second time from Advance Cash Corp...

THESE PEOPLE ARE ABSOLUTE SCAM ARTISTS

Following the alledged collection letter is a rebuttal letter that I had my attorney send to this company. This is a call to everyone to fight back. Bottom line we live in the USA where there is such a thing as due process of the law. The so called collection letter is full of lies and untruths including "putting ones social security number on hold".  In the rebuttal letter of factural points of law under the "Fair Debt Collection Practices Act that any legitimate collector knows they must comply with."

Fact everyone should know there are thousands of complaints against this company and their affiliates including lawsuits that they have lost and fines imposed by the US Attorney Generals Office.

Fact Two: Companies like this are called bottom feeders. When debts be it legitimate or not are considere uncollectable, the company with the alledged bad debt will sell the alledged claim to bottom feeder collectors for pennies on the dollar. Then the bottom feeder collectors go to work violating the rule law, due process and peoples civil rights in the hopes of scaring people with these unscrupulous tactics into paying on the debt on threat of legal action or runining someones credit.

Do not ever give these people your personal information. Chances are they will in turn sell your information and in a short you will become a victim of every scam artist on the face of the planet. Without knowing you may even become a victim of identity theft.

The rebuttal letter following the collection letter illustrates the points of law and process they must comply with. I recommend everyone to read and see that one has nothing to fear. Any legitimate collector belongs to certain industry associations including the America Bar Association and American Collectors Association.

Companies that do not put there address or phone number or fax or email response address are counting on scaring one into submission. 

The best thing everyone can do is to reiterate the points of law to these bottom feeders and let them go broke failing to collect. 

In short have no mercy on them...Holding them to the Law is your best defense and file complaints often with the Federal Trade Commission and the US Attorney General's Office.

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Date: 10/27/2014

Case No: S-545432

Balance Amount:  $945.67

Case File Transferred to Advance Cash Corp.: - May 2014

Dear Customer,

Having checked your Social Security Number through our National Checking Database System, and finding out that you have been never charged for a fraud activity, ACS has decided to give you a chance to take care of this issue outside of the Court without you having a report on your Credit History and SSN. In order to avoid a lawsuit of $4203.86 against you, we request you to kindly pay the Court Restitution Amount which is $945.67. If you settle this matter today, you may be entitled to get some percentage of deduction on the restitution amount. You will have to send us a promissory note in order to hold your case file from being sent to the court house. On a case to case basis, you may be given the solution to pay 45-55% of the pending amount in the same month & a 30 days extension to settle the rest of the settlement amount as mutually agreed.

As we were unable to reach you so we are sending you this final notification through email. This legal matter will require your cooperation, so kindly get in touch with the department to make a payment and freeze down this case.  

As you are a defaulter on this credit, the following counts are likely to be represented against you at local County Courthouse:

(1)       VIOLATION OF FEDERAL BANKING REGULATION

(2)       COLLATERAL CHECK FRAUD

(3)       THEFT BY DECEPTION 

Once the court action is initiated and a Judgment / Decree  against you to recover the balance amount with the cost of law suit is received, we may need to ask the court to give one of the following order, should the debt remains unpaid:-

• Attachment of Earnings base (Earnings Arrestment). Deduction from your wage by your employer or arrestment of part of your salary to satisfy the debt.

• Warrant of Execution (Exceptional Attachment Order). Seizure and sale of movable non-essential assets / property by a County Court Bailiff /Sheriff Officer.

If you are under any state probation or payroll we need you to inform your reporting officer or manager about what you have done in the past and what would be the consequences once the case has been downloaded and executed in your name. If we do not hear from you within 48 hours of the date on this letter, we will be

compelled to seek legal representation .We reserve the right to begin litigation for intent to commit wire fraud under the pretense of refusing to repay a debt committed to, by use of the internet and your SSN. In addition we reserve the right to seek recovery for the balance due, as well as legal fees and any court cost incurred.

The Factual Basis for the complaints Are as follows:  

You accepted to return the funds from this aforementioned pending loan.

And as per the agreement the funds have yet to be returned and the collateral has proven to be null that is to say of no value.

At present, Advance Cash Corp. is seeking either of the following remedies:-

All funds to be returned as per terms of initial contract. 

Dear debtor, as we were investigating your profile credit bureau & social security administration we need some right answers from your side. Also we would like to know when you can pay the requested $945.67 to settle this case.

To resolve this issue, Email us during the working hours Monday to Friday 09:00 AM to 05:00 PM EDT  to get in touch with the representative.

NOTE: THIS CASE IS UNDER INVESTIGATION WITH MAJOR CREDIT BUREAUS.

Advance Cash Corp. © 2014  |  | Terms of Use | Careers | Complaints |  Privacy Policy

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Regards

Linda Batson

Sr. Investigation Officer, ACS INCORP

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Confidentiality Statement & Notice: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and intended only for the use of the individual or entity to which it is addressed. Any review, re-transmission, dissemination to unauthorized persons or other use of the original message and any attachments is strictly prohibited. If you received this electronic transmission in error, please reply to the above-referenced sender about the error and permanently delete this message. Thank you for your cooperation.

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COLLECTION AGENCY NOTICE:

This is an attempt to make the dept collector obey the law. Any information obtained, will be used for that purpose. All of our telephonic communications have been monitored by computer, logged and tape recorded for our explicit protection since August 1, 2007.

In the following matter:                         

This will serve as your legal notice under provisions of the federal law, the Fair Debt Collection Practices Act FDCPA, to cease and desist from all communications with Charles Mandler in regard to the above reference alleged claim. If you believe an alleged claim to be valid, you must tender your claim in written form as outlined in the FDCPA with all provisions and regulations cited.

Upon a detailed investigation of the companies involved, the above referenced entities came up as having perpetrated or conspired to or aided and abetted in the process of perpetrating similar violations of the law.

For the record, and According to a recent US District Court Ruling -  Telephonic communications intended to extract collections from victims, regardless of point of origin is subject to the same laws as any U.S. Corporation, Entity or Person of the United States and / or its territories. Furthermore, according to a  U.S. Federal Court Interpretation of the ruling, US Federal Law takes precedence  and thus making  the Perpetrators vulnerable to all fines, penalties and sanctions deemed appropriate by any U.S. Court of Law having jurisdiction over the matter.

Upon further investigation, it would appear that these unscrupulous companies such as ACE Cash Services are really another vehicle for accumulating vast sums of wealth in support of entities engaged in the acts of committing fraud for the purpose of extorting money from unwitting victims.  The collection practices by ACE Cash Services despite public denials is that they send out fraudulent debt claims citing un-applicable elements of the law for the purpose of harassing and intimidating its victims by coercion into paying erroneous debt. The method employed is that they use in-house and third party entities posing as certified debt collectors, lawyers, courts of law, whatever they can make their victims believe is real. In reality, they are nothing more than debt assumers, scammers if you will acquiring bogus debt from other debt collectors whose efforts appeared to have either violated a person’s rights under the law and have therefore left themselves in a position of excess liability to the respondent. The scam is that these debts are accumulated in dead files and are sold for the purpose of illegally profiting from debt that is otherwise uncollectable. Companies who would knowingly purchase this type of debt generally are located throughout and outside the United States believing they are immune to prosecution because the shear geography prevents the average citizen from legally pursuing them even if the case is winnable in a court of law.

It is with this notion, that the average citizen believes their rights and remedies are severely limited. However, should one seek and obtain a judgment, these type of award can be treated as any other type of debt and assigned to a legitimate collections agent be it foreign or domestic and can exact monetary satisfaction from these so-called debt accumulators. And therefore, it is with this notion that I issue the following admonishment:

ACE Cash Services Inc. USA and their affiliates are admonished that under the FDCPA you cannot contact Charles Mandler by telephone or internet as you have repeatedly and each attempt is logged by computer with a recording or electronic copy of the message left. Tracer service has been enacted and clearly there is no doubt as to who is making these harassing telephone calls. By virtue of this admonishment and previous orders dated September 16th, 2014 you were issued a cease and desist order limiting your communications with Mr. Mandler to US Mail exclusively. Your repeated attempts at all hours of the day and night to his telephones, home /  hospital and place of business places you (the offending parties) in violation of the law. This will be the last time we are going to warn you. If you continue your illegal practices, we will pursue criminal and civil action against ACE Cash Services, its affiliates, personnel et al.

You are hereby Ordered, to Cease and Desist Immediately or Legal Consequences will Prevail.

We cite as evidence of our investigation the following published article…and we further insist that you take note of said article as we have filed complaints with the US Attorney General, The Texas Attorney General, The Federal Trade Commission and the Federal Bureau of Investigation. At this time as you are intent on breaking the law and violating my clients rights, we are proceeding with criminal and civil charges against ACE Cash Services and ACE Cash Express.

       ACE Cash Express to pay $10 million to settle        debt-collection probe

            Posted Friday, Jul. 11, 2014

Have more to add? News tip? Tell us

BY BARRY SHLACHTER

Irving-based ACE Cash Express, one of the nation’s largest payday lenders, has agreed to refund borrowers $5 million and pay the U.S. government another $5 million in fines for using illegal collection tactics such as threatening criminal action against customers who fell behind on payments and informing their employers of the debt.

“ACE used false threats, intimidation and harassing calls to bully payday borrowers into a cycle of debt,” said Richard Cordray, director of the Consumer Financial Protection Bureau, which negotiated the settlement. “This culture of coercion drained millions of dollars from cash-strapped consumers who had few options to fight back.”

In addition, ACE on Thursday said it had disciplined employees prior to March 2012 over the way collections were handled, and others involved were no longer at the company. The CFPB began examining the practices three months later.

The federal watchdog agency, working with the Texas Office of Consumer Credit Commissioner, said it found that ACE used the deceptive and abusive practices to collect consumer debts directly and through collection agencies.

Moreover, collectors tried to get borrowers further into debt by taking new loans to pay off old ones, leaving the consumer with a bigger loan, the bureau asserted. As evidence, the bureau included a graphic illustration from a 2011 ACE training manual on how to mire a customer in debt.

The Texas payday lender had collectors who threatened to sue delinquent borrowers, or used legal-sounding jargon to indicate possible criminal action could be taken — even though it never did, it said. One firm it hired was called National Attorney Collection Services Inc., whose employees referred to themselves as “National Attorney” in communications with consumers.

The collectors also threatened to charge fees and report nonpayment to credit reporting agencies, although ACE corporate policy did not permit such actions.

Not only did ACE’s in-house and outside collectors directly harass consumers, they also made repeated calls to the customers’ employers and relatives, unlawfully sharing details of the debt, the bureau added.

In a statement, ACE said it cooperated fully with the CFPB, was paying out the $10 million to “settle” the bureau’s complaints and has “voluntarily” taken steps to improve legal compliance. The consent order states that ACE admitted no wrongdoing.

In particular, it was immediately ceasing all use of third-party collectors, increasing its monitoring of collection calls, making “significant” changes to its collections department with additional management oversight, requiring quarterly compliance training of staff and hiring full-time legal compliance analysts.

ACE insisted that “more than 96 percent” of its collection calls met legal standards during a review period prior to March 2012. The review was conducted by an independent consulting firm it hired, Deloitte Financial Advisory Services.

“We settled this matter in order to focus on serving our customers and providing the products and services they count on,” ACE’s chief executive officer, Jay B. Shipowitz, said in a prepared statement. “We are proud of our company, the value we deliver to our customers, our nearly 5,000 associates and the more than 40 million customer visits over the past 12 months.” ACE operates in 36 states and the District of Columbia.

Asked about the training manual, ACE said it cannot confirm that it was ever used, but knows for certain that it was not part of training after October 2011.

Samuel Gilford, a spokesman for the CFPB, said ACE’s training handbook, Foundations of Collections New Hire Training Manual, was used by the company from September 2010 to September 2011.

When a consumer “exhausts the cash and does not have the ability to pay,” an illustration in the manual says, ACE “contacts the customer for payment or offers the option to refinance or extend the loan.” Then, when the consumer “does not make a payment and the account enters collections,” the cycle starts all over again — with the formerly overdue borrower applying for another payday loan, the bureau quoted the manual as saying.

Although the company news release spoke only of accepting “recommendations” and taking “voluntary” moves, the July 3 consent order signed by Shipowitz and board director Paul S. Levy requires ACE to change a long laundry list of collection procedures, aside from paying the refunds and the civil penalty.

Consumers who were harmed by illegal debt collection will be contacted by a third-party settlement administrator, who will pay out $5 million in refunds, the CFPB said.

The CFPB, created in 2010 in the aftermath of the financial crisis, began supervising the payday industry in June 2012. In March, it issued a study that found that the majority of all payday loans are made to borrowers who renew loans so often that they end up paying more in fees than what they originally borrowed.

In November, Fort Worth-based Cash America International agreed to pay a $5 million civil penalty after the bureau alleged it had mishandled court documents in Ohio and overcharged military personnel on loans. At the time, Cash America had refunded $6 million to borrowers and agreed to set aside a further $8 million for possible future claims.

The online lending unit of Cash America impeded the CFPB’s investigation by destroying some phone records and shredding documents, the bureau said.

The most recent settlement was praised by the Center for Responsible Lending, an advocacy group long opposed to payday lending, which it claims takes in $3.4 billion a year. It said the bureau’s action confirms that such lenders “depend on keeping vulnerable consumers trapped in an endless cycle of debt of 300 to 400 percent interest loans.”

“The employee training manual provided by ACE is an explicit picture of the debt trap which research and consumers’ experiences have shown time and time again,” the group added. “It’s real, it’s abusive, and it’s time to stop.”

The U.S. Hispanic Chamber of Commerce, in a Thursday news release that a spokesman said was based on talking points supplied by ACE, a corporate partner, praised the payday lender for being compliant, transparent and proactive in its efforts to right the collection process.

At this point in time the status of your claim is as follows:

• ACE Cash Services Inc. and their affiliates have failed in providing proper validation of the alleged debt as fully described in the FDCPA.
• ACE Cash Services Inc. and their affiliates have failed in providing proof that they are now the Primary Creditor and not merely and agent for the original creditor.

In the interest to save time, you have not provided the minimum required documents for notification or validation. And therefore, I must renew my request, in accordance with the FDCPA, Statute 1692g, that you validate the claim and provide documented proof.

Documented Proof is defined as copy of the loan documents, deeds of trust, or other bearing the signature of the debtor in question and copy of the Purchase Contract from the Original Creditor and their affiliates transferring to you by sale full ownership and rights therein as primary creditor of the alleged debt in question. 

Until these documents have been provided, the FDCPA provides that you shall cease collection efforts of this or any other claim, or any disputed portion thereof, until you obtain proper verification in accordance with the law. That verification must be in writing and the name and address of the original creditor and supporting evidence of the alleged claim must be provided.

According to the FDCPA, Mr. Mandler has the right to determine the method in which he can be contacted. He has stated to numerous representatives of your firm that he is exercising the right to cease communications with your firm completely. You may only contact him by US. Mail.

Please be advised of the following:

Under 18 U.S.C. 875(c), it is a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another. Section 875(c) applies to any communication actually transmitted in interstate or foreign commerce - thus it includes threats transmitted in interstate or foreign commerce via the telephone, e-mail, beepers, or the Internet.

Certain forms of cyber stalking also may be prosecuted under 47 U.S.C. 223. One provision of this statute makes it a federal crime, punishable by up to two years in prison, to use a telephone or telecommunications device to annoy, abuse, harass, or threaten any person at the called number. The statute also requires that the perpetrator not reveal his or her name. See 47 U.S.C. 223(a)(1)(C). Although this statute is broader than 18 U.S.C. 875 -- in that it covers both threats and harassment -- Section 223 applies only to direct communications between the perpetrator and the victim.

Moreover, the alleged debt in question from what little information you have provided was not taken out by Mr. Mandler, he denies all knowledge of ever having done business with ACE Cash Services or its affiliates and further Mr. Mandler filed an Amended Bankruptcy and was awarded judgement  August 23, 2013. As you are aware, ACE Cash Services INC and their affiliates are in fact, engaging in “Date Escalation Practices” to keep this bogus claim alive. Proof of the original date in question for this bogus claim will be handed into evidence in a Court of Law to demonstrate multiple counts of complicity to Defraud.

In short, under the law the debt that you allege is Mr. Mandler’s is contested and uncollectable. Mr. Mandler has no knowledge of the Debt, its Origins. Mr. Mandler’s claim in rebuttal that he is disputing the alleged Debt entirely.

Under the Law be it a Federal Subsidized or Insured Lender or a Private Lender or a Lender with Federal Guarantee’s, once the grounds for discharge have been met, the creditor is compelled by the law to discharge. The creditor in question ACE Cash Services INC. and their affiliates appears to be ignorant of the Law.

In addition, this letter shall serve to advise you, here-to-for referenced as (“The Agent”) that pursuant to the FDCPA, section 15 USC statute 1692c(c), you are hereby notified to immediately terminate any contact with Mr. Mandler, or members of his family or household, extended family members, friends and / or neighbors of all types and descriptions, regarding any matter concerning this claim you allege is owed to you or your client.

Be advised that since Mr. Mandler is homeless but living in Nevada, you are warned that any contact with a neighbor, third party or other persons will not be considered “locator” information and will be considered grounds for legal action against you and your client.

Please also be advised that you may not contact Mr. Mandler by any other means other than, US. Mail.

This is an attempt to resolve a frivolous claim. Mr. Mandler simply wishes you to cease all communication (fax, phone calls, email or other) with him or any member of his extended household. Mr. Mandler denies any and all attachment to or  liability in regards to this claim. You are instructed to just stop contacting him.

By sending this letter it is our intention to stop all ACS Inc. and their affiliates, referrals and cooperating parties’ telephone calls and abusive collection practices and activity from this day forth.

Therefore, you have (48) hours to comply. If you fail to heed this warning for the last time, we will proceed with formal complaint against you in the US Federal District Court who is responsible for enforcement of the FDCPA applicable to creditors and collection agencies, the Federal Trade Commission who is responsible for the enforcement of  private lenders, the States Attorney General’s Office in New York, Texas and across the nation wherever ACE Cash Services conducts business, The American Collectors Association, the local and national Bar Association, the Illegal Practices of Law Association, the Americans with Disabilities Association and the American Civil Liberties Union.

In addition copies of all these complaints are going to the Internal Revenue Service and the US Immigration Department as we have been informed that ACE Cash Services employs illegally undocumented alien workers without as much as a temporary visa, right to work application, green card or other.

You are further instructed to cease and desist from all collection efforts and communications with Mr. Mandler for all purposes. Furthermore, every time Mr. Mandler receives an Email from your so called collection arm, the email in question is crossing state lines and thus a felony has been committed. Felonies of this nature come with a Prison Sentence up to five (5) years in a Federal Penal Facility and a $50,000 fine for each instance in addition to compensatory damages and punitive damages. By your repeated attempts to ignore prior warnings by this office, Failure to heed this admonishment will be grounds for Criminal and Civil Actions brought against ACS Inc. and their affiliates the agent, their subsidiaries and employees et al.

As a matter of routine, we have compiled the information and have forwarded same to Local and Federal Law Enforcement documenting your intent to ignore our prior warnings, ignore our admonishments and to willfully circumvent the law by methods of coercion, extortion and to Cyberstalk, Stalk and or Harass my client. Be advised that should these practices continue with the intent to intimidate, annoy, embarrass or threaten or make the person fearful in anyway that he or a member of his family, household, friends or known business associates will be harmed or should you attempt to interfere in my clients life or publish any negative material about my client, we will seek judgement on criminal charges, civil charges and a court ordered Restraining Order barring you from any further contact with him.

            We cite as follows the established case as president  Fields v. Wilber Law Firm, Donald L.            Wilber and              Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..

For your specific information, Should Mr. Mandler find Negative Reporting of this Debt to any and all of the the three of the Major Credit Reporting Bureaus without proper validation of the Debt, then the debt is out of the statute for the State of Texas, and you are reporting this on Mr. Mandler’s credit report, you are then again in violation of the law by conducting collection activities on Zombie Debt.

I’m sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has in fact violated these provisions as noted on the latest copies of Mr. Mandler’s Experian, Equifax and Trans Union credit reports. Pursuant to the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. You have minimum of three (3) counts of Fraud and Violation of the FDCPA.

At this point in time and given that no Validation has been provided, we are doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on Mr. Mandler’s credit reports, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA.

Under the FDCPA Mr. Mandler has the right by invoking by virtue of this letter and all prior letters and notification therein, his right to ask you to stop contacting him unless you can provide notification in writing that you are ceasing collection activities.

Please remove this account immediately from Mr. Mandler’s credit reports and with all credit bureaus be it domestic or international or we will have no choice other than to take legal remedies which may include criminal and civil lawsuits. In addition, we are quite sure your legal staff will agree that non-compliance with this request could put your company in serious legal jeopardy with the FTC and other State or Federal Agencies. Under the FCRA and the FDCPA, each violation is subject to a (5) year prison sentence and a $50,000 fine, payable by the claimant. In this case, that would be ACE Cash Services Inc. and their affiliate’s et al. Given that this is not your first time having to appear before these legal tribunals with a record of unsubstantiated claims and court rulings against ACE Cash Services, (as referenced in the about published Article) we are quite confident that court will once again rule against ACE Cash Services and this impose even stiffer sanctions and penalties for crimes committed.

Assuming you will wish to dispose of this matter immediately, please forward to my office immediately in writing proof of retraction of this claim and proof of retraction of reporting this alleged claim with all (4) major (U.S.) domestic credit reporting bureaus as well as all major international bureaus. You have (5) days from receipt of this letter to comply and avoid further legal action and consequences.

Please give this very important matter the utmost attention.

Sincerely,

Paralegal to the Attorney                       Date:                September 22, 2014

Cc:     

United States Department of Homeland Security – Office of Inspector General - Fax:  (202) 254-4285

United States Federal Bureau of Investigation (FBI) – Fax  202-324-3000 – Economic Espionage Unit

Federal Trade Commission

            Office of the U.S. Attorney General

            Office of the Attorney General – New York

            Office of the Attorney General - Texas

            Office of the Department of Immigration and Naturalization

            The American Collectors Association

            The American Bar Association

            The Illegal Practices of Law Association

            Americans with Disabilities Association

            American Civil Liberties Union