Did you get called by Bayview Legal for CashNet USA?
Elle came to talk to me yesterday about bankruptcy. At our meeting, she told me about Bayview Legal. She said she had made payment arrangements with “Bayview Legal” to pay a debt to CashNetUSA. She wanted to file bankruptcy, but figured she had to pay Bayview.
No way! I said.
“Bayview Legal” is an underground debt collector. (There is a different Bay View Law Group that seems to do debt settlement. And also a mortgage company called Bayview Loan Servicing.) This Bayview Legal called her from 855-849-6256.
What’s an underground debt collector? An underground debt collector violates the Fair Debt Collection Practices Act, knows they violate the law, and doesn’t care.
How do I know Bayview violates the FDCPA?
CashNetUSA makes internet loans. When they don’t get paid back, underground debt collectors like Bayview harass the consumer. Does CashNet send its accounts to BayView? Bayview is an underground debt collector. Does CashNetUSA know that Bayview doesn’t follow the FDCPA law?
First, Bayview Legal called my client and told her they would serve her with court papers–tomorrow–at her job–unless she sent them a payment today. (Which she did.)
That was a false threat. False threats violate the FDCPA at 15 USC 1692e(3)
I know it was false because neither CashnetUSA nor Bayview has sued anybody in Elle’s county in the last five years. (I looked that up.)
(The “at her job” just maybe might make it extortion. Extortion is a lot more serious than violating the FDCPA. Extortion often involves threat of violence, but a threat to reputation can be enough. Extortion can mean twenty years in Federal prison. You can read more about extortion law here.)
Second, Bayview does not give the always-required FDCPA warning: “This Communication is from a Debt Collector” . That’s required by 15 USC 1692e(11).
I know they don’t do that, because Elle and I called them. We called 855-849-6256. They answered “Bayview” instead of playing the warning. Legal debt collector make you listen to a recording of that warning before they answer the phone. Bayview doesn’t.
Third, Bayview refuses to give out their address.
When we called them, Elle asked for their address. They refused to answer and hung up. Generally, legitimate debt collectors are eager to give you their address. Underground debt collectors generally don’t.
So, I’d like to sue Bayview for violating the FDCPA. I’d like to, but it’s pointless. Bayview Legal is hiding out. Bayview Legal stays in business because they are hiding out. Tracking them down is a job for Federal law enforcement.
Elle filed a complaint with the Consumer Finance Protection Bureau, here. And the FBI cybercrime, here. (It’s a cybercrime because CashNetUSA makes internet loans that then turn into illegal threats from people like Bayview.)
If something happened to you like what happened to Elle, you should report it, too.
So if it’s pointless to sue Bayview Legal, can Elle sue CashNetUSA for what Bayview Legal did? Probably not. We don’t have evidence.
Can Elle Sue CashNetUSA Because of Bayview Legal?
Can Elle Sue CashNetUSA Because of Bayview Legal?
I’d like to, but I don’t see it.
For Bayveiw’s actions is to rub off on CashNetUSA, CashNetUSA would have to know about it and agree to it. If Bayview Legal does it, and CashNetUSA knows about it and agrees to it, then that might be serious legal problem. That might be a RICO violation. Two companies agreeing to do wire fraud would be a RICO conspiracy. Using the phone line to make illegal threats to collect money, that would be wire fraud.
RICO is the Racketeer Influenced and Corrupt Organizations Act. RICO is a very serious criminal law. No legitimate business would go anywhere near a RICO violation. RICO can mean twenty years in Federal prison.
Besides criminal law penalties, RICO also allows a consumer to sue one of the conspirators for triple damages, plus attorneys fees.
So, could Elle sue CashNetUSA under RICO for three times what she paid to Bayview? Like I said, I don’t think so.
I don’t think Elle could prove CashNetUSA agrees for Bayview to use illegal threats to collect the CashNetUSA debts. CashNetUSA is making a lot of money on their internet loans. They would be really dumb to lose all that by knowingly agreeing to illegal tactics by their debt collectors. I don’t see evidence that CashNetUSA is that dumb.
PS
Just since yesterday, Bayview changed they way they answer the phone. Yesterday they answered “Bayview.” Today they answered “LBR.” When I asked, they said that they were “LBR Bayview.” Still wouldn’t give me their address. Sent me to an extension nobody answered.
Brian and Fabian Collecting for CashnetUSA
Here’s different underground debt collector, collecting a CashNetUSA debt. Fabian This one is an email. I’m guessing the person who sent this email does NOT have English as his first language. And the threats are all BS.
But it’s a reminder, when you borrow money over the internet, you are giving your personal info to organized crime. Don’t do it.
Ace-Online: Another Underground Debt Collector on a CashnetUSA account
It seems like once a month now I’m seeing totally illegal, underground debt collectors, collecting CashNetUSA accounts. Here’s an email from one called Ace Online.
Obviously these people know they are illegal and don’t care. Does CashNet know how often their account end up with illegal debt collectors?
“We’re Not Debt Collectors” Litigation Support
Schuyler came to see me the last week of January 2016. Schuyler’s CashNet debt was being collected by another underground debt collector. When I called them, this one said they weren’t debtor collectors and that they had no name at all. “We are litigation support” they said. I asked for an address so I could send them a bankruptcy notice, but they refused.
There’s Something Going On with the Cashnet USA debts
I can’t remember the last time I’ve seen a CashNet debt being collected by a legal debt collector. The people who come to see me with CashNet debts are all being harassed by illegal debt collectors. And they never have the same name. I guess that’s another sign these debt collectors know they are illegal.
But what does CashNet know? (It’s interesting that the FBI has been interested in this since 2010. The FBI put out this press release warning about an “extortion scam” collecting payday loans. the FBI wondered how these scammers got “accurate information” about the people they called—and commented that most of them had applied for loans online. “Cash Net” was one of the online lenders mentioned by the FBI.)
Williams and Associates at 877-457-6414
At the end of April 2016, here is the latest outfit to make illegal threats trying to collect a CashNet loan in violation of the bankruptcy law. Their illegal threat was, “you need to leave work and get home within an hour so we can serve you with papers.” I told Tom, my client, report them to Federal Law Enforcement.
(One give-away. A legal debt collector knows they needs to answer the phone with the required message: “This is an attempt to collect a debt and any information obtained will be used for that purpose.” When they don’t do that, it shows they are not trying to stay within the law.)
786-505-5743 No Name for This Outfit
Here’s another illegal, underground outfit, apparently connecting on a CashnetUSA Loan. Based on the accent of the recording that answers the phone, they may be in India or Pakistan. This was on a debt discharged in my client, Bob’s, 2012 bankruptcy case. The email came in on June 18, 2016. I’ve asked Bob to report them to the Consumer Finance Protection Bureau, here. And the FBI cybercrime hotline, here.
If you get something like this, don’t believe it.
This email is containing information about three serious allegations against your name for filling a Law Suit. 1) Violation of federal banking regulations. 2) Collateral check fraud 3) Theft by deception. The affidavit states that you went online utilizing your personal information which was track down by anti-fraud department, in order to solicit funds from a website which is owned & operated by CASH NET USA who owns & operates more than 350 websites, web portals(Ace Cash, Speedy cash, Cash & Go ETC ETC) & sub lenders working for them. When your creditor attempted to extract the funds from your account, all the transactions were returned constituting worthless electronic check. This means you have defaulted your payments. As of today rather than chasing you for money, your creditor has simply decided to write this money as loss & declared to be stolen by you & wants to press legal charges on you & on your Social security number.
Your Social security number is under state investigation & the charges will be notified to credit bureau that means you will not get qualified for getting no loans in the future. Your creditor will be contacting your current employer & the state credit bureau to garnish your paychecks until the total amount gets paid back to your creditor in full with the interest amount & the late payment charges. All your federal benefits (Unemployment income, SSI, Disability income) will be freezed and confiscated until the case gets resolved in the court Your Credit score will hit by negative 85 points, your driver’s license will get cancelled & your Social Security Number would be under investigation. Finally you do have right to hire an attorney, if you don’t have one or you can not afford to have one that shall be appointed to you by the court house, but make sure you have someone to who can bail you out once you lose this case in the court house. If you lose the case in the court house then the legal charges will be levied upon you that would cost you more than $13500.00 which will be including you attorney charges, bail charges, court house fees & the amount that you owe to your creditor for the amount of $956.00 As of today if you are willing to settle the matter outside the doors of court than you can revert back positively at the earliest before an arrest warrant gets generated on your name.
God Bless You
Warm Regards Justin White 786-505-5743
An Even More Illegal Cashnet Debt Collector Lawofficeofmiller.com
Today, July 12, 2016, Jenna got an email with a phony arrest warrant, from some scammers trying to collect a Cashnet internet loan. You can see it here: Arrest Warrant. The people behind that would be looking at some serious time in the Federal penitentiary if the FBI could catch them. (Trivia contest. You see the Great Seal of the United States on the top of this phoney “arrest warrant.” But what’s that two headed eagle on the bottom? the answer, is here.)
Does Cashnet know who they are? How do these people get these debts if Cashnet doesn’t know them? If Cashnet does know them, does Cashnet know they are committing a Federal felony?
Here’s the totally illegal email that went with it. (I’ve edited out Jenna’s last name.)
Hello JENNA KXXXXXXXX,
Case Number:-CDS/97394
This email is containing information about three criminal allegations against your name about Financial Fraud.
1) Violation of federal banking regulations. 2) Collateral check fraud 3) Theft by deception. The affidavit states that you went online utilizing your personal information which was track down by anti-fraud department, in order to solicit funds from a website which is owned & operated by CASH NET USA who owns & operates more than 350 websites, web portals (Ace Cash, Speedy cash, Cash, CashNetUSA, Check City, Check ‘n Go, Advance America, Lend Up, Wonga, Speedy Cash, Credit On Demand,100DayLoans, NetLoanUSA, Lend Up & Go.) & sub lenders working for them. When your creditor attempted to extract the funds from your checking account, all six eft’s were returned constituting worthless electronic check. As of today rather than chasing you for money Cash NET USA has simply decided to write this money as loss & declared to be stolen by you & wants to press legal charges on you & on your Social security number.
Your creditor will be in contact with your current employer & the state credit bureau to garnish your pay checks until the total amount gets paid back to your creditor in full with the interest amount & the late payment charges. Your Credit score will hit by negative 185 points & your driver’s license will get blocked. You do have right to hire an attorney, if you don’t have one or you can not afford to have one that shall be appointed to you by the Federal Court, but make sure you have someone to who can bail you out once you lose this case in the county court. After you lose the case in the Federal Court then the legal charges will be levied upon you that would be more than 9000.00 which will be including you attorney charges, bail charges, Federal Court fees & the amount that you owe to your creditor for the amount of $698.00
As of today we have notified you about the charges so that we can generate a court date for you with an arrest warrant against you.
You have a still option for OOCR (Out of court restitution) So call us as soon as possible. we can accept only full payment of $698.
As of today if you are willing to settle it off the court than you can surely revert a positive response at the earliest.
**Note** before you call us on listed Number read the email very carefully and call us with the case number so we can assist you better.
God Bless You Warm Regards Attorney: Jerry Brown Phone :(661) 771-6451 Email:Attorney@Lawofficeofmiller.com
855-602-1884 Oakridge Direct Solutions
September, 2016, Oakridge Direct left a voice mail for one of my after-bankruptcy clients, Nancy P, threatening a “pre-legal complaint.” They did NOT say who they were collecting for, but Nancy had an internet payday loan, with CashNet, and it’s people with CashNet loans who seem to be the ones that always get these calls.
The recording Nancy sent me was really high quality, and I’ve forwarded it to people in the Justice Department, who may be looking into it. (The accents on these people are clearly American, but a month from now, I’m sure Oakridge Direct will be gone.) CashNet, though, will still be in Chicago, and I’m hoping the get asked by the FBI why their loans seem to be the ones that end up in the hands of illegal debt collectors.
Citizens Crime Commission NYC, Officer Kimberly Wright
Thanksgiving Day 2016 brought this illegal threat email from an underground debt collector, collecting on a Cashnet internet payday loan. I’ve sent this on to the people I know at the Justice Department. Somebody from the FBI needs to go talk to Cashnet and ask them where they sell these debts when a bankruptcy is filed. These illegal debt collectors can be prosecuted for wire fraud, bank fraud and RICO. The way to find out who they are and where they are starts with asking Cashnet.
On Tue, Nov 22, 2016 at 6:59 AM, Officer Kimberly Wright <citizenscrimecommission@hotmail.com> wrote:
Case File #29DC9413-75
Last Date to File Lawsuit- Nov 2016.
Cost of the Lawsuit- $1297.87
Courthouse Address-NYC Civil Court (111 Centre St, New York, NY 10013).
Legal Charges-Section 19(A), Clause 21(US).
Case Format- Fair Debt Collection (FC/SC)
Respective Debtor,
This is to notify you and requires your immediate attention.
We are going to file a lawsuit in next 24 hours at (111 Centre St, New York, NY 10013).against your Name and S.S.N after giving several notifications we did not received any response from your side. We will consider that you are ignoring this matter and you want to dispute. We are in a process to inform the Social Security Administration & major Credit Bureaus as well.
If we do not hear from you today, we will be compelled to seek legal representation in the Court House. We reserve the right to commence litigation for intent to commit wire fraud under the pretence of refusing to repay a debt committed to, by use of the Internet. In addition we reserve the right to seek recovery for the balance due, as well as legal fees and any court cost incurred.
If you fail to respond us the charges will be pressed against the name are:
1. Violation of federal banking regulation act 1983 (C)
2. Collateral check fraud
3. Theft by deception (ACC ACT 21A)
Now the company has decided to forcefully recover this amount by invoking Internal Recovery Code 6331(h) against you, what this means for you is:
* All your know bank accounts could be frozen and confiscated which means that company will recover your the debt from the balance available in your bank accounts. You will not be able to access your bank accounts till the time it is frozen.
* Your social securing number could be blacklisted means that you would not be eligible for any government benefits in the future.
* The credit reporting agencies would be notified about your financial fraud and they are most likely to downgrade your credit rating
* All your wages and benefits would be frozen by informing your employer and the government bodies.
* If you have an existing payment plan with the company itself, then it would stand terminated under section 30(a) of IR code.
* company will get a non bailable arrest warrant issued against your name which carries a maximum sentence of 3 years of prison and a fine up to $6825.35?
Note: If we don’t get any response from your side, we shall have no alternative but to take action through the local County Courthouse to recover the amount due together with court costs and legal fees including all taxes which cost approximately $1297.87. The Legal Charges Section 19(A), Clause 21(US) is against you and if you ignore this case then our legal department will take immediate action you. If we receive the remaining payment from you thereafter we will provide you full and final receipt stating that your case file is closed permanently with remaining zero balance. Don’t take this matter lightly otherwise once the case file is downloaded thereafter we won’t be able to help you out.
This Legal Proceedings issued on your case file #29DC9413-79 with one of Cash Advance Inc. Company like Cash Net USA, Fast Cash, Quick Cash, Payday Right Now etc. in order to notify you that after making calls to you on your phone number we were not be able to get hold of you. So the accounts department of Cash Advance has decided to mark this case as a flat refusal and they are pressing three serious allegations against you.
YOU CAN APPLY FOR AN OUT OF COURT RESOLVE OPTION (O.O.C.R): All you need to do is email us back on an email given below to take care of this matter outside the court house.
If you fail respond within 24 hours this legal actions will be activated. You will be entitle for an O.O.C.R, so please EMAIL us back ASAP. By requesting an offer in compromise, but if you are failed to do that then we shall start the process of pressing those charges against you.
If you are looking for resolve this matter then kindly respond back on Citizencrimecommission.nyc@gmail.com and speak to “Officer Brian Rosner” to resolve this issue ASAP.
Kindly Regards,
Citizens Crime Commission NYC
335 Madison Avenue,
9th Floor New York,
NY 10017
Haven’t seen one of these in years, until February 2022.
Got this question from a consumer in Virginia, February 1, 2022.
What did I do if I am being sued by a former creditor that was included in a Chapter 7 bankruptcy and discharged?
I received a letter today (1/31/22) from Cornerstone Legal Group representing Cashnet USA stating they were taking me to Civil Court for fraud if I didn’t pay $1241 . This loan was greater than 12 years ago and discharged in a Chapter 7 bankruptcy. Do I need to worry? Isn’t there a statute of limitations and protection under bankruptcy laws from creditors?
I advised the consumer that this collection letter is a scam. But, does this mean Cashnet is again selling their accounts to illegal debt collectors? I’m keeping an eye on it, again.