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Posted: Wed Mar 22, 2006 1:34 pm Subject: Xpress Cash/PD6 Ventures

Guys, I got this email today:

"The difficulties experienced by the collection department at PD6 Ventures/Express Cash when attempting to obtain the slightest amount of cooperation from you have led to your account status being changed to �Refusal to Pay/Intentional Neglect�.

This is a serious matter and all appropriate actions will be taken to collect this balance. Through your actions and lack of cooperation, it is evident that you have no intention of paying this account willingly and further actions must be taken.

Whether or not you considered it or not, borrowing money and intentionally neglecting to repay what was loaned to you is stealing. The consequences for the actions that you have taken were clearly explained in your signed loan contract. To avoid these consequences, return one of the attached authorization forms before 4:00pm CST today, March 22, 2006, so that this balance can be cleared without further incident. Fees will be added to your balance after 4:00pm CST.

If you have any questions about your account with PD6 Ventures/Express Cash, feel free to contact me by phone or email.

Heather Lawson
Debt Reconciliation ConsultantThe Loan Shop: PD6 Ventures/Express Cash
Phone: 800-859-6439 Ext. 241 241
Fax: 800-757-8373
P.O. Box 26413
Kansas City, MO 64196"

I responded with a letter like the ones POlly has sent, to which I got back:
"

Quote:

First of all ma'am you got this loan over the internet, which does not fall under ANY state law. You should have never took the payday loan out if you did not want to pay and what does your state law say about STEALING????????? I have a SINGED contacted that authorize me to recoup out funds, that you stole. Thanks"

what are your thoughts on how I shuld proceed? I told her my consolidator would contact her...but has she broken the fair debt law with these emails???

Posted: Wed Mar 22, 2006 1:42 pm Subject:

The worst thing she can do is put you into collections.

IF they want their money, they'll take it any way you give it to them. Let your counselor take care of it. Smile

Posted: Wed Mar 22, 2006 1:59 pm Subject: Me too

I received the same letter via email, only mine was from Jennifer Garcia, and she also attatched an ACH authorization form for me. LOL- like I would really give them my new bank account info!

I replied to her that I had consolidated with T&C 3 months ago, and they have been receiving timely payments that they agreed to and to direct any further questions to T&C. She never replied.

Crystal

Posted: Wed Mar 22, 2006 2:18 pm Subject:

Have you called someone (attorney general, consumer protection etc) from your state to let them know of an unlicensed business that is carrying on transactions within their state? I don't know what state you live in, but here in VA they were very happy to contact the online lenders for me. The online companies *think* they are protected by internet/ interstate commerce laws but they still have other laws to abide by.

lol I love that the rep tries so hard to come across as professional, but quickly resorts to typos and yelling.

Good luck!

Posted: Wed Mar 22, 2006 2:20 pm Subject:

OH! I know...that made me laugh too...very very professional of her...

Posted: Wed Mar 22, 2006 2:21 pm Subject:

Posted: Wed Mar 22, 2006 2:24 pm Subject:

most states that regulate payday lenders take the position that net based lenders are regulated.

mindys · Posted: Wed Mar 22, 2006 2:25 pm Subject:

I got the same email but from Sharon Williams. The sad thing is I did pay the principal off back in October. I paid the $300 plus $90 fee. I have paid them $660 since June 2005 til October 2005. Then out of the blue I got this email in Feb 2006 stating Refusal to pay, blah, blah. So I called Sharon Williams and asked her what was going on. She acknowledged I paid my principal back in October but she stated I still have another $390 outstanding in fees. So I asked her for the explaination/breakdown of this and she refused. She was not willing to work with me at all! I even sent a debt validation letter which she said they don't have to acknowledge b/c they are the orginial creditor, I sent them the letter polly put together stating KY laws (where I live) and they said they don't have to acknowledge this either. Nor will they show me the fees of $390 I still owe. I'm stuck on what to do next. I'm just going to sit tight and pray they sell off my account to a collection agency in which I will re-request a debt validation form and then see if they can provide me a breakdown of the fees. What pain in the a$$es. I have been so cooperative with this company and now they don't want to cooperate with me. What do you do now? I really don't want to get a lawyer and go through all that hassle, but if they pursue me any further, I will have to do that. The sad thing is I don't have the old emails from Sharon Williams stating I paid my principal b/c they were back in October and I figured I was done with this company. I guess I have learned my lesson with these folks.

Posted: Wed Mar 22, 2006 2:27 pm Subject:

"First of all ma'am you got this loan over the internet, which does not fall under ANY state law. You should have never took the payday loan out if you did not want to pay and what does your state law say about STEALING????????? I have a SINGED contacted that authorize me to recoup out funds, that you stole. Thanks"

I like her run-on sentences and her misuse of punctuation.

How do you sing a contract? Oh I'm sorry, a SINGED CONTACTED...What the heck is that? LOL

Posted: Wed Mar 22, 2006 2:29 pm Subject:

how do I find out if California regulates paydaylenders?? I feel like such an idiot when it comes to this stuff! And where can i show this $#&#$& that her company does fall under some laws and regualtions...look at the three other peopl ebesides me that they bully.....Sonic, Cash today, and now PD6/express cash......i jsut want to throw the book athtese folks, but I can't afford and attorney

Posted: Wed Mar 22, 2006 2:48 pm Subject:

Jessi:
"How do you sing a contract? Oh I'm sorry, a SINGED CONTACTED...What the heck is that? LOL"

For some reason I have this picture of a burnt piece of paper floating in my head. Wink

Posted: Wed Mar 22, 2006 2:54 pm Subject:

i know, i know...a little comic relief never hurts...but isn't there something I can volley back? Any law, or bill or anything? She is obviously none too bright.....

Posted: Wed Mar 22, 2006 3:02 pm Subject:

I was thinking more along the lines of Singing...like LA LA LA! hehe

Send her back an e-mail and tell her you want to see a copy of the law she's following then.

Posted: Wed Mar 22, 2006 3:15 pm Subject:

rkai- thanks to folks here, and some Google searching, I found the VA codes that stated the laws, then found which regulatory agency would oversee those laws. I called that agency several times (here in Virginia, payday lenders fall under jurisdiction of the Bureau of Financial Institutions), and finally someone connected me to the right person.

What did I tell them? Which companies were involved, contact info for them, what their responses were to licensing requirements. I had to fax over any documentation I had so the investigator could look it over and use it for reference when contacting the companies.
*evil grin* I had even talked to the owner of one company, and he had argued with me about licensing. Turns out they were even violating laws in the state they are licensed in.

Here is a link to an Adobe file that lists state by state info, including references to which state laws cover payday lending:

consumerlaw.org/action_agenda/payday_loans/content/NCLC_SUMMARY.pdf

another state by state summary:

credit.com/credit_information/credit_law/PaydayLoanLaws.jsp

For California, regulations are in financial code 23000 through 23106:

aroundthecapitol.com/code/code.html?sec=fin&codesection=23000-23001

Posted: Wed Mar 22, 2006 3:18 pm Subject:

ooooooH! thank you! it get's so overwhelming...and jsut when you feel like you can stand up for yourself, something happens that kicks you down a notch...it's always harder to see the forest through the trees when dealing with your own situation.....thanks all for your help!

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