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Sub: #225 Payday Loan
Replied on 03-03-2006, 07:36 AM
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Thnaks Stan!

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Sub: #226
Replied on 03-03-2006, 10:19 AM
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Monique,

You need to send cease comm. letter saying that you would like all communications through mails only. Strictly tell them not to call at your work. Send the letter through certified mail with return receipt requested.

Payday loans are really troublesome, work out some payment plan and get it paid off ASAP. Best of luck.

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Sub: #227 Nationwide Cash and Cash Today Limited
Replied on 03-03-2006, 07:29 PM
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I just had some words with Ms Kynard from Nationwide Cash. Told them that they can't call me making these false threats, and boy was she mad!!! I threatened to report them if they did not stop the calls and she got even more mad, saying she was gonna sue me if I didn't pay her. She also went on to say that because this is not a credit collection that it could be considered fraud, I thought that was complete BS!! I can't be sued for not paying a debt can I?

After about 15 min of arguing about harrassment, she finally gave me a physical address to send the payment.

I also had words with the other payday loan I took, Cash Today Limited, because they were make unauthorized debits out of my account. I explained the situation to the so called supervisor, and got hung up on! So I gave them a taste of there own medicine and kept calling back until I got my point across! They also proved to me that the recording of the agreements is also bogus, she tried to tell me that her records show that I called on days that were completely different from the days that I actually called. I told her to check her recordings and she couldn't speak, and she really got hot when i refused to give my social over the phone (even though they had no problem pulling up my file).

More to the point, after arguing with both about their practices, I managed to get both loans settled by only paying the amount of the original loans (no interest!). I think that if you give them a little pressure and let them know that you are not dumb, they seem to fold and are more willing to work with you. Except for Nationwide Cash, who thought that more threats would work best. I definitely will not be taking payday loans again!!! My questions are What actions could I take if the harrassment continues? Can they take any type of legal action against me?

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Sub: #228
Replied on 03-04-2006, 10:09 AM
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Quote:
I managed to get both loans settled by only paying the amount of the original loans (no interest!)
Also try to manage a written document of this. You never know that they won't claim more money in future.

Creditors can take legal action against debtor. BTW, have you checked if they are licensed to do business in your state? I would suggest speaking with Consumer Protection Agency of your state for this purpose. Keep us posted.

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Sub: #229 payday loans
Replied on 03-06-2006, 07:37 AM
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If A company threatens legal action what happens and how long does it take

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Sub: #230
Replied on 03-06-2006, 11:45 AM
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Lori,

Creditors can take the debtor to court. However chances are they will try the other ways first. Generally, when the debt becomes default, it is sent to collection. If collectors give up too, then creditors might file suit against you provided the debt is within SOL timeframe.

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Sub: #231 sjm marketing
Replied on 03-06-2006, 11:19 PM
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I been tying to find SJM Marketing information, but I can't find it. I need to contact them. They take money from my account every two weeks and do not received statements or anything. Pleas any body there know their phone number.

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Sub: #232
Replied on 03-07-2006, 11:18 AM
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Titi,

Please go through this thread to get some information on SJM Marketing-

http://www.debtconsolidationcare.com...marketing.html

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Sub: #233 pay day loans.
Replied on 03-07-2006, 07:11 PM
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what should i do ? i have four pay day loans. and i am in the process of paying one off. the other three i have not paid yet. should i call them to make payment plans with them.

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Sub: #234
Replied on 03-08-2006, 07:59 AM
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yes nurse, you should... or at least try. make sure you have an idea of what you owe before you call and if their amount is different (higher than yours, ask them to document it in writing.

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Sub: #235 Mr. eliss
Replied on 03-14-2006, 08:55 AM
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I have had serveral coorespondenses with The Mr. ellis. Been told numerous times that I only had two hours to send the money or I would be prosecuted for fraud. I have spoken throug three different people with this company Mr. eliss and a Frank Wells. They all just threaten. The last time they called they wanted to speak with my employer. Why would they want to do this?

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Sub: #236
Replied on 03-14-2006, 11:42 AM
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MO,

Have you signed a voluntary wage assignment? Chances are they will try to get money from your salary. Contact your payroll department and inform about the situation. Also send them a letter to cancel the wage assignment. Go through this thread for further details-

http://www.debtconsolidationcare.com/forums/levy.html

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Sub: #237 Cease Comm letters and Lawsuits
Replied on 03-23-2006, 05:25 PM
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I've also dealt with Nationwide cash. The lady told me that the Cease Comm letter I sent her only applied to collection agencies and not them. Is this true or do they have to comply with it as well? I can't have them calling my job.

She also keeps threatening to sue me, I live in Georgia and I think payday loans are illegal even over the internet; does she really have any chance of suing me or is she just trying to scare me?

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Sub: #238
Replied on 03-24-2006, 11:07 AM
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It is true that fdcpa laws are applied to third party collection agencies only, not the original lender. But if payday loans are banned in your state or the lender you are dealing with is not licensed to do business in your state, they might not bring legal action against you. However, it will be better if you can consult a lawyer. Virginia-Legal-Defense is a forum member and a lawyer as well. He can help you in this matter. I will PM VLD for you. Keep watching.

Sub: #239
Replied on 03-24-2006, 01:57 PM
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It may be that payday loan companies are illegal in Ga., I don't know. I know they're severely regulated in most states, and required to be licensed. If they're not registered in your state as a foreign corporation (that means out of state, not just out of the U.S.), then they don't exist in your state and can't file suit unless there's a statute that authorizes it.

I've begun to wonder whether the offshore payday loan sharks aren't fronts for terrorist organizations who are ripping off Americans in order to finance their war against us.

I have come to the conclusion from most of the comments I've read about people's experiences with payday loan companies that they are in serious violation of Federal law, specifically the Racketeer Influenced and Corrupt Organizations Act (RICO) which provides both criminal penalties as well as a civil cause of action to any individual or class aggrieved by the actions of people who violate the law. One of the predicate crimes is the making of extortionate loans. The definitions are included in the statute I'm going to include here:

==


Crimes and Criminal Procedure
Crimes
Extortionate Credit Transactions

18 U.S.C. § 892 - Making extortionate extensions of credit

(a) Whoever makes any extortionate extension of credit, or conspires to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

(b) In any prosecution under this section, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this subsection is nonexclusive and in no way limits the effect or applicability of subsection (a):

(1) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor

(A) in the jurisdiction within which the debtor, if a natural person, resided or

(B) in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made.

(2) The extension of credit was made at a rate of interest in excess of an annual rate of 45 per centum calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal.

(3) At the time the extension of credit was made, the debtor reasonably believed that either

(A) one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or

(B) the creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof.

(4) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded $100.

(c) In any prosecution under this section, if evidence has been introduced tending to show the existence of any of the circumstances described in subsection (b)(1) or (b)(2), and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension.

====

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Sub: #240 Nationwide Cash
Replied on 03-24-2006, 10:43 PM
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Hello Monique!

I am in the process now of dealing with them such as you. They called me,I asked for the address in order to send them a money order or Bank check,there reply was "We don't have one" I then asked for a Western Union
Address. They gave me the same "Langhorne Law" Whatever that is. No such place!

Tonite a woman called me at work and asked about
money I owe. I asked for the address so that I may
pay what is owed. She said once again..."We don't
have an address" I said ok,I'll send it to your lawyer,
what is there address? Her reply was "We'll be seeing
you!"

I have done a little research and found the key players in this. The company has been tossed out in
many states. The two owners were sued,eventually went bankrupt! However,they were able to start the company again.

And the company that does the actual withdrawls is an off shore debit company. I think the name is "Artis IT"

I am going to write a C&D tomorrow and fax it to them. seeing they won't give me an address. I also
think I may contact the AG's office,I've been saving
all my documents,faxes,etc. So when the day comes I'll
have a leg to stand on.

So cheer up Monique,we are in this together!




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