I have previously worked for one of the bigger payday loan companies. After a customer has filed bankruptcy and the company recieves the papers, the staff is not to contact you any further. If they do tell them to contact the person you went through to file your bankruptcy. As well your refrences are to be called only to locate you. The loan company cannot give them details as of to why they are calling and cannot say that you owe them money. Its against the payday loan privacy agreement. If they are doing this contact head office.

agreed, agreed, agreed, that was simple!

i guess my question is... how many payday loans did you have and were they all properly included in the bankruptcy?

as Raymond & mightydread indicated... contacting your bankruptcy trustee should answer these questions quickly.

Thanks for the response, I was a little worried about my family and friends starting to recieve all these calls.

OK, I've nver been in a payday loan outfit and so I don't know what their agreements look like. I thought it must be like the one signed by blogger mel_alex earlier on where a reference unwittingly ended up being a contract guarantor. That was because you asked if the company could come after your references for the money you owed them. Obviously, the only way that could happen is if they cosigned your application(s).

I assume you notified your trustee that they were a creditor and the trustee, in turn, notified the payday loan company that you were filing. Once the creditor receives the notice, they're only allowed to respond by attending a scheduled meeting of the debtor's creditors to discuss what assets might be available to them. They would be unlikely to bother in your case.

Ray

Well, the references dont sign anything, they dont even have to know you used them as a reference.

Basically I just go in give them my financial info and then they ask you to give them the name and numbers of 2-5 people incase they cant get ahold of you they will contact them to find your number.

I "THINK" thats all they can do and sense they have my correct number I am hoping they wont get contacted, since they didnt sign anything.

Yeah, I've seen this a few times before with slimy cell phone agreements. People thinking they are signing on as a reference only to discover later they are cosigning a contract with a "joint and several liability" clause in fine print. Technically if so, they then become the loan guarantors if the borrower goes belly up.

But in the common law provinces (and in Quebec also) there are a couple of fundamental legal principles why such devious contracts would be declared void or at least voidable. Common sense and the reasonable expectations of the parties entering into the contract generally prevail in ambiguous situations.

Thus I would tell the payday loan companies where to go AFTER obtaining a copy of the agreement(s) signed.

Ray

Ray would be the best person to answer your question.

Why don't you contact your bankruptcy trustee and find out. If these loans were included in your bankruptcy then I don't think they should be calling you at all.

I recently declared bankrputcy and I had quite a few payday loans. When you sign up for a payday loan you need to site references. They tell you its in case they cannot get ahold of you.

My question is can they phone these people to try to get the money because you have gone bankrupt? Can they phone them for anything if they have your correct contact info onfile?

My understanding was that they arent even supposed to contact you.

Thanks for any help