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 Posted: Mon Nov 26, 2007 1:15 pm
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I have a 250 loan from Ameriloan and I spoke to a supervisor in the final collections dept. He told me they are licensed in my State which is Arizona. I kept telling him they were not listed in the State Banking Department's of licensed Payday Loan Lenders. He replies to me if we were not licenswed we would be out of business and that they will win no matter what. He even said the company has been in business longer than ebay. He told me if I did not make arrangements they would write off the 400 now dollar debt and take further action against me. i told him the fees weere illegal in AZ, and he told me they were reasonable. He even said for me to get legal advice from an attorney...He even threatened to hang up the call because I giving him a legal lecture about AZ Payday Loan Laws....Here is an excerpt from AZ Law that told himk about:
6-1262. Violation; classification; individual liability
A. A person that provides deferred presentment services without a license is guilty of a class 1 misdemeanor.
B. A licensee that violates this chapter or the rules adopted pursuant to this chapter is subject to revocation of the licensee's license and is guilty of a class 1 misdemeanor.
C. An officer or agent of a corporation or association who participates in a violation of this chapter is subject to the penalties prescribed in this section.
D. Except as the result of an accidental or bona fide error, if the licensee charges, contracts for or receives any amount in excess of the fees expressly permitted by this chapter, the deferred presentment is voidable and the licensee has no right to collect or receive any fees in connection with the deferred presentment transaction. Any deferred presentment transaction that is made by a person who is required to be licensed pursuant to this chapter but who is not licensed is void, and the person has no right to collect, receive or retain any principal or other fees in connection with that deferred presentment transaction
So if they did write this off on Credit Reports, I could dispute it since it is not a vlaid debt under AZ Law because Ameriloan does not have a license. Also he told me that the contract is still valid whether they have a license or not.
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danka2000
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Posted: Mon Nov 26, 2007 1:35 pm
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Ameriloan is an MTE company and they can be complete jerks (yo put it nicely). Make sure you report them to your state's ag office and department of finance. Report them to the BBB also. Try to keep all communication with them in writing so you have records of it. When you have to talk to them on the phone (I would try to avoid this) make sure you document everything you said and thay said and the date and time. As you said they are unlicensed but that does not mean they aren't going to push, you just have to push back. If they put it on your credit report dispute it immediately.
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pybasj
Joined: 08 Aug 2007
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Posted: Mon Nov 26, 2007 1:35 pm
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Any feedback and adive would be helpful...I know I'm on the right track...By the way the link to the Arizona Revised statutes on Deferred Presentment Companies is at the AZ Legilature Site..
Scross down to Chapter 12.1
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danka2000
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Posted: Mon Nov 26, 2007 1:38 pm
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They are just trying to scare you, just calm down and do not talk with them.....
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dpetty121263
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Posted: Mon Nov 26, 2007 1:44 pm
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I did a search in yahoo with ameriloan complaints and found a lawsuit was filed in the State of CA against Ameriloan for unlicensed lending...
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danka2000
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Posted: Mon Nov 26, 2007 2:05 pm
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danka, honey, Ameriloan is not licensed. You are correct. This guy is an idiot. Now, do you honestly think he's going to tell you the truth? No. He's going to try to say things to "convince" you or "scare" you into paying him. Ameriloan - yes, maybe has been in business for a long time - the ILLEGAL business. No, they are not licensed. You are correct. This guy is a total moron. And you just need to be sure they can not access your money at all and file complaints like crazy against them.
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cannr
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Posted: Mon Nov 26, 2007 3:08 pm
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i filed with the BBB in regards to this company, and they refused to mark my acct as pif, the bbb closed the case, but i'm not done by the least bit
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jaydanielle1
Joined: 24 Oct 2007
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Posted: Tue Nov 27, 2007 5:28 pm
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jay, have you thought about filing another complaint with the BBB? Hell, I did when they would close one on me. You can file again with "updated" information. It'll keep the BBB on it and they will keep contacting them again!
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cannr
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Posted: Wed Nov 28, 2007 8:16 am
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oh i am cannr, but since i had another acct with another acct i have to get all my past statements and see how much i really paid these people, the lady that worked with me was very helpful too
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jaydanielle1
Joined: 24 Oct 2007
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Posted: Wed Nov 28, 2007 8:46 am
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I've dealt with Ameriloan and they are nasty as well....I would not worry about their threats....Be Strong!
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When I'm good, I'm very good, but when I'm bad, I'm better.
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Tweety71
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Posted: Wed Nov 28, 2007 11:54 pm
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Very few PDL's are actually legal. Thats why they are so abusive in trying to collect. They do not have any other options.
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GuyinDebt
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