Consumer complaint received 2017-11-17
Company: Advance America, Cash Advance Centers, Inc.
State: MO
Product: Debt collection
Sub-product: Payday loan debt
Issue: Written notification about debt
Sub-issue: Notification didn't disclose it was an attempt to collect a debt

Complaint:
On XXXX/XXXX/XXXX, my sister, brother-in-law, and wife all received calls that a company was trying to locate me. The caller ID stated " No Phone Number ''. My sister returned the call and the individual who identified himself as XXXX XXXX in the message answered. He stated he was representing XXXX XXXX trying to collect a debt owed to Advance America. She forwarded the information to me, since I personally was not contacted. I called the number given ( this has been the only method to contact anyone ) and the lady answered the phone and identified herself as XXXX XXXX. I asked to speak with XXXX XXXX as he was the original contact, but she assured me that she could take of the issue and give her my account number ( which was given in the message that my sister forwarded to me, XXXX ). I did and she pulled up my account. She stated that I was being sued for non-payment as well as an " attempt to defraud a financial institution '', Stated that I owed around {$3400.00} to Advance America and that they would settle out of court for around {$1700.00}. I asked about setting up a payment plan and she stated that she would have to discuss this with her lawyers. They proposed a payment of {$600.00} on XXXX, with additional payments of {$560.00} on XXXX and XXXX. I agreed and gave her a credit card number for the initial {$600.00}. At this time, I asked for a documented statement of the account. She stated that they would email me a copy within 24-48 hours. Later that afternoon, I was talking to my wife who had contacted our debt management program to see what they knew about this debt. Our debt management group told her that they felt like it was a scam as they saw no record of this debt. After she told me this, a quick XXXX search revealed that apparently there is a big scam going around with XXXX XXXX and Advance America. The google page described a call very similar to mine that was a scam. After reading this, I contacted my credit card company, XXXX XXXX, and explained it to them stating that I thought I had been scammed and to cancel the payment. They agreed and the payment was cancelled and my account was closed. Then on XXXX, I get a call again from " XXXX XXXX XXXX '' and its a message from XXXX XXXX stating that they were concerned because credit card that they were attempting to collect the agreed upon payment on was coming up as invalid. I again called my debt management company to discuss. Again they stated that were not showing anything on this. I contacted my sister, who happens to work for an attorney. I asked her to call on my behalf to discuss. She spoke with XXXX XXXX, who now identified himself as working with XXXX XXXX, and explained why the payment had been cancelled. She also told him that I had requested a written statement that had not been provided. He stated then that " their office had gone paperless since XXXX and they did n't mail anything. She stated that the call seemed legit. Then this afternoon, I received a call that was listed on caller id as coming from XXXX, MO ( I apparently deleted the actual number ) and it was XXXX XXXX. The message stated that I need to contact them as soon as possible as the {$600.00} had not been paid and that I " was now attempting to defraud them as well ''. I then attempted to call the same number that my sister had used earlier to talk to XXXX XXXX. I was answered by XXXX XXXX. I asked to speak with XXXX XXXX and was told that he was not available. She then told me to give her my account number and she would help me. I gave her the number and she began asking why I had not fulfilled the agreed payment and I again asked to speak with XXXX XXXX and told her that I wished to discuss this with him only. Again, she rudely stated that she could help me and that there was no way that could talk to XXXX XXXX. She continued to ask and I told her that I had done some research and found a scam that sounded very similar to her call. She then angrily stated that " this is n't a scam and I 'll have to get my supervisor ''. At this point, I hung up the call. After thinking some, I contacted Advance America to see if there actually was an outstanding account. I found that there was an account from XXXX that was closed due to non-payment. In XXXX, my wife and were in some hard financial times and were on the edge of bankruptcy. Our bankruptcy attorney ( not the one my sister works for ) had advised us to close our bank accounts and to let all of our accounts go delinquent. We initially filed for bankruptcy in XXXX of XXXX, but withdrew it. After withdrawing our bankruptcy, we contacted a debt management company who set up a payment plan that we have been following since then. However, the debt was written off by Advance America and sold to XXXX XXXX XXXX. I contacted XXXX XXXX XXXX and they stated the debt had been sold to XXXX XXXX XXXX. I was not able to contact them to determine if they still owned the debt or if it has been sold again. I contacted the Federal Trade Commission and discussed the matter. During the call, the gentleman I spoke with ( I believe his name was XXXX XXXX agreed that there some red flags raised in this situation. He stated that I need to ask for a written statement ( which was stated should have been sent with 5 days of contact ) and for them to provide a mailing address and that he stated they legally have to provide to me and until this is provided that I will not speak them on this issue. I have not completed this request yet, but as I fully expect them to call me tomorrow morning, I have plans to complete this then.

Company public response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
Company response to consumer: Closed with explanation