They have just called on my job again. I am going to get fired if they don't quit calling. How do and can I get them to stop. I have a ceasing communication letter ready to mail and I also have faxed it. I need help. These people have been paid in full and I have my bank statement to prove it. This was back in October. Can anyone please tell me how to get them to stop calling.

[Not so Lucky]

Contact the Attorney General office in your state ASAP or contact the sheriffs department and explain the situation and they may recommend something.

[stanley]

Dawnie,

Why don't you explain the whole story to your employer too? You have enough evidence in support of your claim. Hope your employer will understand it's not right what this company is doing with you. Also ask your reception desk not to honor any call from these people.

You can file a suit against them in small claim court for making such illegal asserts. Consult a lawyer if you can. Also file your complaint as brat has suggested.

I really wonder how bad they can be! They have received the payment in full, still they are harassing innocent people. They should be punished.

[Not so Lucky]

Isn't this considered extortion of money when a debt is paid back in full and the company demands more? Even though there is proof of full payment being made and the amount that was owed?

[stanley]

Isn't this considered extortion of money when a debt is paid back in full

Exactly. That is the reason I asked Dawnie to consider filing a suit in small claim court. But one should consult a lawyer before proceeding with small claim courts. They should compensate for all these.

[Not so Lucky]

So, if we all stop and think about it, most of the payday lenders have extorted money from us.

[Cow & Chicken]

I sent a certified letter to them in tennessee I believe. They received it but never responded back. You are in the right with this, don't fret too much. I know it's easier said then done. Once you file complaints with the attorney general's office, things will change in your favor. They will most likely leave you alone after that. Payday lenders are famous for idle threats. I believe they also have an address in New York if I am correct. I need to follow up with this anyway.

[Cow & Chicken]

That is so true brat. I've wasted thousands to lenders in finance charges alone.

[Virginia-Legal-Defense]

I think I may be able to help you but I'll have to do some research on the laws of your state. So please email me, tell me what county & state you live in, and what county and state the purported creditor is located in (at least the location that you've been dealing with). You may have stated it already, but I'd like to know the full name of the purported creditor, too, to be able to locate information on what state they're chartered in and where they're authorized to do business.

Also, I'd be interested to know whether you wrote anything on the check or sent them any letter along with it. If so, what did you say? And, did you get the canceled check back, or at least a picture of it? If not, get the bank to make you a copy.

What I'm thinking is this: many states have statutes that prohibit the imposition of penalties for paying off the loan early. I realize they're telling you they never got the payment, but if the law where you live permits the imposition of fees and interest notwithstanding the payment in full, they may be pulling your chain in order to ratchet up the fees and interest by giving you a story they know is a lie about not having received the check. Or at least to have a fallback position. I'd like to be able to exclude that possibility.

I would invite you to tell me the details that you feel comfortable disclosing, given that you don't know me from Adam. No charge, of course, since I'm not acting as your attorney in this.

To send me an email, click on the small icon to the upper left of the name, "Virginia Legal Defense" above the picture of the courthouse on the upper left of the text of this message. That's going to show you my "profile" including an "email" button to click on to get my email address.

[Virginia-Legal-Defense]

Ok, it's an internet based check cashing service. Did you happen to notice in the online contract that they say that the law of Grenada applies; that you agree to arbitration no matter what; and that the apr on the loan is almost 500%?

How about this: a whois search using Registration Technologies' website indicates that the owner of "mycashnow.com" and "mycashnow.net" is:

Unlisted-Whois.com Protection Service
P.O. Box 229
Margaretville, NY 12455
US

Clearly a third party designed to keep you from knowing who's really behind that website. However, "mycashnow.org" (which has no website)is owned by:

Registrant Organization:mycashnow.com Inc.
Registrant Street1:Grand Anse
Registrant Street2:
Registrant Street3:
Registrant City:St. George's
Registrant State/Province:N/A
Registrant Postal Code:00000
Registrant Country:GD

(thanks to registrationtek.com for the data)

I suspect that whoever's behind mycashnow has "mycashnow.org" registered as a screen, so that people who attempt legal recourse against them will assume that they have to serve someone in St. George's, GD.

Here's the arbitration agreement you agreed to:

AGREEMENT TO ARBITRATE DISPUTES. All disputes and controversies of every kind and nature between the parties hereto arising out of or in connection with this agreement as to the existence, construction, validity,interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination therefore, as well as whether the controversy or dispute is subject to arbitration, and the amount of any loss or damage, shall be submitted to arbitration in a jurisdiction to be chosen by Mycashnow.comTM Inc. before three arbitrators appointed by the American Arbitration Association pursuant to the commercial rules of the American Arbitration Association in effect at the time any arbitration proceeding is commenced, which rules are hereby incorporated by reference thereto and made a part of this agreement. The foregoing notwithstanding, the company retains the authority to institute an action in any court to recover sums due company by customer hereunder. The arbitration award shall be final and binding upon both parties and judgement upon such arbitration award may be entered in any court having jurisdiction. The parties specifically state their understanding that the check casher cannot be sued in any court or any controversy or dispute. In the event this provision or any part thereof is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall not be effected thereby and shall remain in full force and effect.

I'd say that, as a purely technical legal matter, although not knowing what the laws of Granada would do or whether there is a usury defense or any other defense, they've got you well over a barrel.

There may be some ways out of it, however, as a strategic matter. Remember the legal system is confrontational in nature. Takes two to tango. The first thing I would do is find out whether the state you live in has what in Virginia is called a "home solicitation sales act". The mycashnow contract is probably voidable under Virginia law, and would provide for an award of damages to the consumer. Chances are there's some way to cancel the contract under state law. That doesn't mean "terminate" because that would imply that there was a contract to begin with. "Voidable" and "cancel" mean, like, there never was a contract, why? because you as the consumer take whatever legal steps are required under the laws of your state to "avoid" or "cancel" the contract. If there never was a contract, then you're not bound to the choice of law provision, although the arbitration clause may survive. There are federal cases that say that arbitration clauses stand alone and whether or not the rest of the contract is void, the arbitration clause survives. Those decisions rest on a principle of "mutual promises" as consideration for the limited contract to arbitrate claims. My reading of this arbitration clause suggests that that analysis would not prevail here because the contract is clearly not mutual. They reserve the right to sue you in court, and to pick the arbitrators and to choose the jurisdiction in which arbitration is to occur - there's no way for you to go to arbitration without sending them a demand for arbitration and waiting for them to pick the judges. No mutuality, no contract. (At least that's what I'd argue.)

Here's another thing: if you can't find out who they really are and where they really are, you can't get service of process on them very well. Their idea is clearly that they can avoid the consequences of litigation if they hide effectively. Not true. In the U.S., you can get service on them by serving them at their last known address, subject to some limitations. The only address I can find for them is the "St. George's" thing, which is probably bogus. Nevertheless, that's the address they gave, so you can have them served there via the secretary of state or clerk of the corporation commission, or whatever the office is called in your state. File suit against them in the lower level trial court (go to your county courthouse and find the office of the clerk of court, civil division, in the lower level trial court and ask them what you need to fill out to file suit and how much it will cost).

A wrinkle on service of process: you have to jump through a few extra hoops to get service of process in Grenada. Grenada is not a member state of the Hague Convention on Service of Process, but is a party to the international agreement abolishing the requirement that the papers be domesticated in Grenada. That means it's simpler to get service of process there than it would be to get it in, say, Germany. You could, alternatively, get service on the anonymous domain registration folks in N.Y., on the theory that they're the only agent you can find in the U.S. for mycashnow. Not sure how that would hold up if it were contested.

My goal if I were you, would be to get a declaratory judgment order from a local court to the effect that you don't owe mycashnow any money. If mycashnow wants to contest it, they can come in and yell "arbitration" and "grenada law" if they want to, but my guess is that they won't show up, especially if you're not asking for damages from them, only an order confirming that you've already paid in full. That way, you'll have something you can send to the credit bureaus to show (1) that the matter has been litigated and resolved in your favor; and (2) it precludes them from coming into court later and suing you for the deficiency on the theory of "res judicata" ("something already decided").

I suggest that you bite the bullet and find a lawyer in your county who can understand this strategy, most "pedestrian" lawyers won't. Pay that person some money to get the declaratory judgment for you, to make sure it's done right (and therefore unassailable later). You may be able to get a judgment on your own, but you may do something wrong, and if an order is entered on the basis of what you did wrong, that order can be vacated later.

Note of general importance to all: please, please, please read the contract before you sign up. The reason people use contracts is so that, when things don't work out as everyone might wish, there will be evidence that can be used in court (or arbitration) as to what the parties intended. Let me say that another way: the purpose of the contract is to make sure that the consumer is well and truly screwed if, as, and when, the creditor feels like applying the screwdriver. Don't sign up to something you won't really be able to live with. If that means you can't get a credit card or quick payment on your check, then live with that. You'll be better off.

[Virginia-Legal-Defense]

In rereading the arbitration clause, I noticed that the name of the entity was "mycashnow.com, inc. (TM)"

In checking the federal trademark registration, I found that the owner of "mycashnow" is listed as, "Brown, Carey V.; 108 West Highway 136 LaFayette GEORGIA 30728". That TM registration is no longer active, and indicates that it has been abandoned. That person may or may not have anything to do with the Grenada operation. I looked up corporation records in NY, Wisconsin, Georgia, Tennessee, and Delaware, and found no registration for anything starting with "mycashnow".

One more thing about Dawnie's situation - if the original contract was unlawful because the state in which Dawnie lives requires such businesses to be specially licensed there, and mycashnow is not, then the contract is probably unenforceable. One more thing to add to the declaratory judgment action.

Here's what the state dept. says about whether or not Grenada is participating in the Hague Convention: "Grenada: Now Independent. No confirmation issued by newly independent country that Convention is deemed to apply. On February 24, 1965, the United Kingdom extended the Convention to Grenada which entered into force April 25, 1965. Grenada achieved independence February 7, 1974. Competent Authority: Unknown."

There is a good article evaluating a number of internet based payday loan companies at:
industrypages.com/clmman/publish/article_29.shtml

Btw, once you file suit, you can find out who owns the 800 numbers by using "subpoenas duces tecum", orders from the court to produce documents, in this case, name and address data. There's an inter-business company set up to keep track of which company has which areacode/exchange combinations, you start with them to find out which company to send the second subpoena to. Start out at http://www.nanpa.com/ (North American Numbering Authority).


Link made inactive as per forum rules-Vikas

I notice that these posts are a old. But i had to add my 2cents. I got here by looking for info because i am going through the same mess with my cash now/cpd too. I have found that they use different names to withdrawal so it looks as if they are different debits. They are quick to demand-have the nerve to charge double-and cant come up with any conformation asked for. Im still on hold after i had my bank reverse the withdrawl. It makes no sense that there isn't something forcing them to use the same name for both so that we can confirm debits without going through all this nonsense...

I finally had an attorney write them a note and sending them copies of where I paid and they have stopped contacting me. They are a nightmare and I will never take another payday loan out again

[Jedi Mistress Ari]

Dawnie, just pay back the original loan amount and no more. There really is nothing they can do in spite of all the hot air they blow at you. On the other hand, thank goodness they stopped calling you at work! Those charlatans would have shot themselves in the foot getting you sacked!

[Virginia-Legal-Defense]

Grrrrrrn Witcha:

Find out the true, correct, legal name of the company you borrowed the money from, their street address (not a p.o.box), and the jurisdiction in which they're chartered. If they won't give you that information, then treat them as if they don't exist, 'cause they probably don't.

Give the bank a list of the entities that you have authorized to make debits, using the true and correct name for each. Tell the bank that if they're not on that list, they're not authorized, and you dispute all eft transactions that appeared on statements issued in the past sixty days that do not have names matching those. If this were a matter of paper checks, the problem is an improper endorsement; you can tell the bank that, they'll understand the analogy. If the person who wants to take money out of your account is not one you've authorized, that's wire fraud, plain and simple. And no corporate business entity has nore than one "true name". A corporation is a legal person and has a true name just as any other person does. So if you borrowed money from Sam Bliggott and Sam tries to get the money out of your bank account using the name, "Fender Martin", then Sam's trying to set you up. How can you prove you repaid Sam if the EFT transaction on your statement says "Fender"? If the statement does not reflect the true and correct name of the company, dispute the charge. Tell the bank you've never done business with anyone of that name. Even if it's close. E.G., There's no actual business anywhere having the name, "PODS". There is one in Florida called, "PODS, Inc." as well as about a hundred other companies having "PODS" in the name.

I was wondering if there was a way I caould contact Virginia Legal Defense about the above. I took out a loan with them to buy my kids gifts over CHristmas and was involved in two car accidents, which affected my finances. I am sure I have paid them at least twice what I borrowed (debits frm my account every other week), but have been unable to pay lately. Is there anything I can do? I live in Virginia. Thanx