Old payday loan. calling now, threatening. I asked for something in writing, refused. any recourse?

Question

This was 3 1/2 yrs ago. I am not denying that I had the loan. I really don't know for sure if I paid it or not. Times were very bad then. If I really owe it, I'll pay it. I just wanted something in writing, to review. If was refused, that seems fishy to me, like maybe they don't really have a leg to stand on. However, either way, I can't deal with the constant threatening messages.

Answer 1

My suggestion is to send them a Cease and Desist letter by certified mail. Here is a sample of what the letter looks like. Download and modify for you own needs. http://www.badcreditfixup.com/writing-cr...

Now, get your free credit report and if they reported the debt to the credit bureaus, send in an attempt to validate debt. By law they have 30 days to prove you owe them money or remove it from your records.

Trust me, after 3 1/2 yrs, I can guarantee they don't have any documents to prove the debt.

Answer 2

They should be able to give you a check number or something--if it was at a local payday loan store. If it was online, there should be record in your bank account that you received and ACH credit from them. Why the h**l are they calling about a loan from 3 1/2 years ago? Personally, I wouldn't worry about it. They probably aren't licensed anyway, which is why they are just now bothering you. A legitimate payday loaner would have taken action against you probably within 6 months after you defaulted. Check your credit report and make sure it's not on there. Even if it is, you have a right to dispute it---they must show you proof that the debt is yours. If they can't they must remove it from your credit report. Other than that, don't worry about it! Don't pay them a dime without proof! Tell them to stop calling you if they can't provide you with proof. They could be breaking the law if they can't.