Latasha [redacted] received a loan on 7/31/2015 for $100.00. She had 4 monthly payments of $31.50 with the first payment due 8/31/2015. After not receiving the first payment, we calling her as we didn't know if she had forgotten about it, overlooked it, or was having financial difficulty. We...
never heard from her or spoke to her since the day she made the loan. She never once called, emailed, texted, left a voice mail message after hours. She never told us she couldn't receive calls on her job as she gave us her direct number when she made the loan. If she would have communicated to us she was having financial difficulties, we would have been more than happy to work with her as to partial payments or more time. The correspondence to the job didn't even have our name just a phone number. We were in no way trying to embarrass her but wanted her to be aware her account was past due and was in jeopardy of being reported negatively to the Credit Bureau and give her the opportunity to remedy the situation before that happened. When we made Ms. [redacted] the loan we were giving her another chance to rebuild her credit. Ms. [redacted] was referring to the FDCPA in her complaint. The FDCPA refers to third party collectors which Houston Finance is not, we collect our own debt.
The
term ‘‘debt collector’’ means any person who uses any instrumentality of
interstate commerce or the mails in any business the principal purpose of which
is the collection of any debts, or who regularly collects or attempts to
collect, directly or indirectly, debts owed or due or asserted to be owed or
due another.
. . . The term does not include— (A) any officer or employee of a creditor
while, in the name of the creditor, collecting debts for such creditor;
. . .
15
U.S.C. § 1692a(6) (emphasis added). The
FDCPA applies only to those persons collecting the debts of others (i.e.,
third-party debt collectors), and expressly excludes from the definition of
“debt collector,” and from the scope of its requirements, creditors that
collect their own debts. Like the FDCPA,
Texas Finance Code §§ 392.101 and 392.202 apply only to third-party debt
collectors, not creditors like Houston Finance that collect their own debts.
It is not against the law to ask for our payments.
In the future we will no longer correspond with Ms. [redacted]. If she feels she like this is an honest debt and owes the money then we would appreciate getting paid. When we made here the loan we trusted that is what she would do. This is a signature loan based on good faith and trust. We wish her the very best luck.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.
Sent: Tuesday, August 04, 2015 4:09 PMTo: drteam <[email protected]>Subject: Re: You have a New Message from Revdex.com Regarding Complaint #[redacted] I lost my job and don't have any money to pay them. Until I find another job.
Regards,
[redacted] opened this current loan on 4/27/2015. This loan is set up for 12 monthly payments of $65.83. Each payment is due on the 27th of each month starting 5/27/2015. To date we have not received any payments. [redacted] is past due for 5/27/2015 and 6/27/2015 and in soon 7/27/2015. Not only...
have we not received any payments but we have not receive any phone calls, emails, voice mails, or letters from [redacted] letting us know what's going on or to make arrangements to pay. We did not have a good phone number for [redacted] until 2 days before she filed the complaint when we were able to obtain her cell number. So the only number we had was her work number. When we called her employment they would say she not in, she comes in later, we will give her the message, never were we informed that she didn't work there or had moved. When we did call we just left our name and phone number for her to call back. We called her cell number on 7/20/2015, 2 days prior to her complaint, for the first time asking her to call us back and let us know when she intended to pay. We will not call her employment any longer and would hope she would at least have the courtesy to call me personally and let me know what kind of arrangements we can make to pay on her account.
Never were any of the calls threatening or harassing.
Thanks
Michael G[redacted]
Houston Finance Co.
713-228-2626
Latasha [redacted] received a loan on 7/31/2015 for $100.00. She had 4 monthly payments of $31.50 with the first payment due 8/31/2015. After not receiving the first payment, we calling her as we didn't know if she had forgotten about it, overlooked it, or was having financial difficulty. We...
never heard from her or spoke to her since the day she made the loan. She never once called, emailed, texted, left a voice mail message after hours. She never told us she couldn't receive calls on her job as she gave us her direct number when she made the loan. If she would have communicated to us she was having financial difficulties, we would have been more than happy to work with her as to partial payments or more time. The correspondence to the job didn't even have our name just a phone number. We were in no way trying to embarrass her but wanted her to be aware her account was past due and was in jeopardy of being reported negatively to the Credit Bureau and give her the opportunity to remedy the situation before that happened. When we made Ms. [redacted] the loan we were giving her another chance to rebuild her credit. Ms. [redacted] was referring to the FDCPA in her complaint. The FDCPA refers to third party collectors which Houston Finance is not, we collect our own debt.
The
term ‘‘debt collector’’ means any person who uses any instrumentality of
interstate commerce or the mails in any business the principal purpose of which
is the collection of any debts, or who regularly collects or attempts to
collect, directly or indirectly, debts owed or due or asserted to be owed or
due another.
. . . The term does not include— (A) any officer or employee of a creditor
while, in the name of the creditor, collecting debts for such creditor;
. . .
15
U.S.C. § 1692a(6) (emphasis added). The
FDCPA applies only to those persons collecting the debts of others (i.e.,
third-party debt collectors), and expressly excludes from the definition of
“debt collector,” and from the scope of its requirements, creditors that
collect their own debts. Like the FDCPA,
Texas Finance Code §§ 392.101 and 392.202 apply only to third-party debt
collectors, not creditors like Houston Finance that collect their own debts.
It is not against the law to ask for our payments.
In the future we will no longer correspond with Ms. [redacted]. If she feels she like this is an honest debt and owes the money then we would appreciate getting paid. When we made here the loan we trusted that is what she would do. This is a signature loan based on good faith and trust. We wish her the very best luck.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.
Sent: Tuesday, August 04, 2015 4:09 PMTo: drteam <[email protected]>Subject: Re: You have a New Message from Revdex.com Regarding Complaint #[redacted] I lost my job and don't have any money to pay them. Until I find another job.
Regards,
[redacted] opened this current loan on 4/27/2015. This loan is set up for 12 monthly payments of $65.83. Each payment is due on the 27th of each month starting 5/27/2015. To date we have not received any payments. [redacted] is past due for 5/27/2015 and 6/27/2015 and in soon 7/27/2015. Not only...
have we not received any payments but we have not receive any phone calls, emails, voice mails, or letters from [redacted] letting us know what's going on or to make arrangements to pay. We did not have a good phone number for [redacted] until 2 days before she filed the complaint when we were able to obtain her cell number. So the only number we had was her work number. When we called her employment they would say she not in, she comes in later, we will give her the message, never were we informed that she didn't work there or had moved. When we did call we just left our name and phone number for her to call back. We called her cell number on 7/20/2015, 2 days prior to her complaint, for the first time asking her to call us back and let us know when she intended to pay. We will not call her employment any longer and would hope she would at least have the courtesy to call me personally and let me know what kind of arrangements we can make to pay on her account.
Never were any of the calls threatening or harassing.
Thanks
Michael G[redacted]
Houston Finance Co.
713-228-2626