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Posted: Tue May 16, 2006 12:20 pm Subject: Quick Pay LLC

Can any one explain to me what Litigation Action means? I have been trying to pay these people and told them I was putting a stop payment on any ACH debits because I disagree with the amount they say I owe. Today I received an email from them saying it is in Ligitation Action. Please help.

Posted: Tue May 16, 2006 12:46 pm Subject:

The payday lender is offering you an agreement to settle the matter outside the court. If the problem is not resolved, the matter will be taken to the court and the judge will make the final decisions. The period before the matter takes a court hearing is called as litigation.

Put a dispute on the item you disagree with the lender. Ask them for verification so that accurate details come out to you. Send your request in writing through certified mail because if it reaches the court, you will have to prove your case in front of the jury.

Posted: Tue May 16, 2006 1:04 pm Subject:

I just talked with someone in their office and set up a payment for May 18. However, I believe I am being overcharged because my loan was for $300 plue $105.00 finance charge. They have received finance charges totaling $347.50 on 3 different debits plus $290 which is what I was told I owed. Now today they are saying I still owe them $480.00 in finance charges.
Can they charge me that much in finance charges?

Posted: Tue May 16, 2006 2:04 pm Subject:

Hi bkarels

You should not pay so much of interest charges for only one loan amount. Get a breakdown of the payments made on this account in the past. Review it before you make any further payment. The state laws have permissible interest rates and you might have paid the charges.

Guest · Posted: Tue May 16, 2006 2:26 pm Subject:

I have copies of my bank statements with each debit. When I faxed them a letter stating that I have paid these amounts totaling $637.50, I was told $347.50 was finance charges including a $30.00 NSF debit and $290.00 was my loan amount. Now they are saying I owe another $480.00 in finance charges and Stop payment charges. I was told that finance charges continue to accrue until I send them total amount due which is now $480.00.
They told me today if I do not send them $125.00 Thursday, they are sending my account to Ligitation and take action. I believe I have overpaid them since my orginal account was for $300.00 plus $105.00 finance charges.

Their agreement states: you will accrue new finance charges with every refinance of this loan. After the fourth refinance, your loan will be down by $50 plus the finance charge and will continue until the loan is paid in full. These are governed by Delaware Law except where federal laws may apply.

Can you shed any light on this?

Posted: Tue May 16, 2006 2:35 pm Subject:

The company is giving you two options. Either you pay the full amount now or you refinance the loan. At the fourth refinance, you will get some discounts governed under the Delaware laws.

I don't find myself fit in any of the options. Because, the loan has already been paid back with the legal charges, so there is no point to refinance it further.

Place a dispute in writing showing your breakdown of the payments. Send your request in writing through certified mail. If the matter reaches the court, you will have your explanation prepared in front of the judge.

Posted: Wed May 17, 2006 7:23 am Subject:

Thanks John! I really don't want to go to court. Since I'm located in Minnesota, would I be going to court in my state or where they are located. If it would be where they are located, there is no way I can afford the expense of traveling there.

Posted: Wed May 17, 2006 8:59 am Subject:

John-
Since they are requesting that I send them a payment on May 18 and I am to call with a MO receipt number, should I call them and tell them I will not be sending any payments and that I am disputing the amount owed with documents being sent registered mail? I already faxed Rose Johnson, Collections Dept copies of my bank statements with a cover letter stating the amounts I have paid. She said the amount that is now due, is because it wasn't paid off on the due date so these charges are refinancing charges.

Posted: Wed May 17, 2006 1:34 pm Subject:

bkarels

Thinking positive, the judge will review your case and put you in the winning side. The court date will be fixed in your area, not in the lender's area. Do you have the contract from the company in paper? I will surely look out for the points that mentions the refinance charges will continue until the loan is paid back.

Guest · Posted: Wed May 17, 2006 3:14 pm Subject:

I agreed to 2 refinance options. I was told on March 28 I needed to send them $240.00 and another $300.00 on March 31.

I faxed them a letter outlining what I have paid so far which was $647.50.

The notice for ligitation states that I am responsible for any costs they occur including court costs and attorneys' fees in seeking payment. I can't afford all those fees. I just want to know how they can charge me $1127.50 for a $300.00 loan.

Posted: Wed May 17, 2006 5:33 pm Subject:

Have you talked with someone in the company? It will be good if you can discuss the details over the phone and get a follow up in writing.

Posted: Fri May 19, 2006 2:46 pm Subject: Bonnie

I have been talking with a lady named Rose Johnson in Collections and I faxed her my bank statements showing I have already paid $647.50 for a $300 loan. She continues to tell me that I still owe $480 for finance charges because the loan was not paid in full on the due date.
I would like to know if there is a standard letter I can send her; like the ones I've been reading where some people have received refunds for overpayments?
My contract talks about abitration all disputes through NAF but I didn't understand their website because they talk to legal for me. Is that who I should contact if I disagree with the amount they say I owe and send a letter to Collections letting them know that is what I am doing?

Please advise. Anything besides having them take litigation action against me.

Posted: Sat May 20, 2006 12:13 pm Subject:

Proper facts are required before putting up a legal case. The company will have to prove in the court with proper details. If they can do it, they can send it to you in writing also, which has not been done in your case yet. You can do the same thing for yourself also. Show your proof of the bank statements and all other details that has been done towards the accounts. If the company fails to put up at the court, the judge will take actions against them for misrepresenting your accounts.

Meanwhile you can go through the books section in this website and pick up the standard letter as per your situation. Cover your basis and keep everything documented in your file for records.

Posted: Tue May 23, 2006 1:43 pm Subject: QuickPay LLC

I talked with Rose Johnson Monday and told her I would send a payment in on Friday May 26. In the meantime, I am checking with our Attorney General's Office to see if they can charge me $712.50 in finance charges.
Well, today I received an email from GRP Trial Law Assoc who they have sent my file to. Their email states that they are willing to do a settlement and if I do not call them, they are taking my claim to ligitations which could incur attorney and court costs. It is in my best interest if I contact them to set up a settlement and payment arrangements.
I am going to call them and explain how much I have already paid and that I don't believe I owe the $480.00 they are saying I owe. When I contacted them around March 22, a lady I talked to told me all I owed was $290.00. Since then they have taken out the $290.00 plus $137.50 from my account so I put a stop payment on any transactions they try to make. They were not happy with that and that is why this fight is on.

Please advise if you know of any laws or which laws I should be looking into regarding the finance charge.

Posted: Tue May 23, 2006 1:59 pm Subject:

Hi bkarels

You should get in touch with the Department of Finance and know the permissible interest rates and charges in your state. Besides, you can also get useful information in the links below that show the permissible charges as per each state.

http://www.legis.state.wi.us/lrb/pubs/wb/00wb7.pdf

http://www.ftc.gov/os/2006/04/P0648042006FDCPAReport.pdf

http://hffo.cuna.org/download/1168.pdf?&sub_id=14490