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Posted: Wed Oct 03, 2007 8:18 am Subject: Need Advice Please
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Both my husband and myself have been affiliated with Advance America, First American, and Cashland establishments for about 4 years. We have borrowed, paid back, and continued this cycle for a long time. Due to all our past credit problems, we were unable to get a loan through any bank, credit union, or loan company. We both have very good jobs now and wanted to stop this payday cycle. Our plan was that we closed our checking account and told ourselves that the only way to get out was to not to be able to go back. We physically went to Advance America and First American and set up resonable re-payment plans. Cashland has been a nightmare. With all of the lengthy phone calls I get at work and then at home in the evening, I am just sick about it all. We have made payments to Cashland also, but it is not enough according to the Collections Dept. They are now threatening to Garnish my husband's wages if we don't pay the debt in full by this Friday. Please answer at your earliest convenience as to what your thoughts are about this. My husband owes $644.10 and I owe almost $300.00 to Cashland. Advance America and First American are fine with our payment arrangements. Any help and advice is greatly appreciated.
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Embarrassed
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Posted: Wed Oct 03, 2007 8:34 am Subject:
Latest Blog Post : http://Punkteri.yesdebtfree.org |
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Could you please tell us what state you live in, the principal amount of the loans and how much you have already paid.
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Punkteri
Joined: 17 Aug 2007
Posts: 202
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Posted: Wed Oct 03, 2007 8:38 am Subject:
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Embarrased. Please get us the info asap. Tell us also if yur loans are store front or internet.
When calculating the amount paid for each lender, please add fees and principle as one total for each lender
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kashzan
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Posted: Wed Oct 03, 2007 8:38 am Subject:
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We first off you have come to the right place for help. You need to read the sticky on what to expect when you close your checking account. http://www.debtconsolidationcare.com/paydayloan/close-account.html
You need first of all tell us what state you are in to see if these pdl's are licensed in your state and whether or not they are store fronts or internet pdl's. Please list the prinicipal amounts paid back.
More than likely if these are store front pdl's they are licensed to lend in your state. I know from experience that Advance America is very easy to deal with as I am currently dealing with them for now. The other two I have never heard of but someone will be along as I stated to help you.
Another thing that you need to do immediately is to stop any wage assignments that you may have signed in your contract. There are sample letters on here. Make sure you do this right away so that way you can avoid a garnishment.
ladybug
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ladybug

Joined: 29 May 2007
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Posted: Wed Oct 03, 2007 8:41 am Subject:
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Boy Kash and teria you two are fast. I just noticed that you guys responded about the same time I did. You know what they say "great minds think alike"
ladybug
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ladybug

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Posted: Wed Oct 03, 2007 8:43 am Subject:
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Lady , a wage assignment and a wage garnishment are different.
They can revoke a wage assignment because they are 100% voluntary. For a garnishment a court order is needed.
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kashzan
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Posted: Wed Oct 03, 2007 8:46 am Subject: Need Advice
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The Cashland is a store front facility located in Ohio however, the collections dept is via telephone. The store lends and takes money only. I hate to be stupid, but are you asking the total amount that we have already paid or what we still owe after making the payments?
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Embarrassed
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Posted: Wed Oct 03, 2007 8:47 am Subject:
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The total amounts already paid to each
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kashzan
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Posted: Wed Oct 03, 2007 9:08 am Subject: Answers to your questions
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Cashland - Mine - $674.20 Total Due, Paid $350.10, Balance is now $350.10.
Cashland - Husband - $617.86 Total Due, Paid $30.00
Balance is now $587.86.
Again, Cashland is located in Ohio.
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Embarrassed
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Punkteri
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Posted: Wed Oct 03, 2007 9:19 am Subject: Answer
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Yes, we live in Ashtabula, Ohio
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Embarrassed
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Posted: Wed Oct 03, 2007 10:20 am Subject:
Latest Blog Post : http://Punkteri.yesdebtfree.org |
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Here are your state laws
| Quote: | Legal Status: Legal (Applies to check cashers only)
Citation:
Ohio Rev. Code Ann. §§ 1315.35 et seq.
Loan Terms:
Maximum Loan Amount: $800
Loan Term: Max: 6 months
Maximum Finance Rate and Fees: $10/$100 + 5% per month
Finance Charge for 14-day $100 loan: $15
apr for 14-day $100 loan: 390%
Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: None (cannot refinance)
Cooling-off Period:
Repayment Plan:
Collection Limits:
Collection Fees: Bank charges (if disclosed); $20 collection charge; Court Costs; damages
Criminal Action: Not Specified
Where to Complain, Get Information:
Regulator: Ohio Division of Financial Institutions
Address: 77 South High Street, 21st Floor Columbus OH 43215
Phone: (614) 728-8400
Fax:
Regulatory Contact: Robert M. Grieser,, Deputy Superintendent for Consumer Finance
http://www.com.state.oh.us/dfi/
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Punkteri
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Posted: Wed Oct 03, 2007 11:46 am Subject:
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Embarassed, I live in Ohio and I have dealt with all of these companies. Cashland is trying to play hardball with you but eventually they will take your payments. I would take a payment into the store (whatever you can afford) and call the corporate collections department and explain them your situation and that you are more than willing to make payments but cannot pay it all in full. I know that you have already tried this. I do know, though that as long as you are making regular payments to them and keep your word they will not take you to court, and if they do, the judge will see that you have been making payments and more than likely rule in your favor. They will not garnish wages right away. They would first have to file for a judgement and go to court which would probably take about six weeks. Just stay in contact with them and keep making regular payments and keep your word with them. PM me if you have questions. I know someone that paid them $100 a month until she got them paid off and they never took her to court.
BTW, these storefronts that you are speaking of do not use voluntary wage assignments, which are illegal in Ohio.
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Sassnlucy
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Posted: Wed Oct 03, 2007 3:45 pm Subject: TO Teria and Kash
Latest Blog Post : http://Ted88.yesdebtfree.org |
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I did not know a wage assignment is voluntary and a wage garnishment is court ordered. You have a lot of useful knowledge. Thanks Ted88 aka dtf.
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dtf
Joined: 03 Oct 2007
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Posted: Wed Oct 03, 2007 3:57 pm Subject:
Latest Blog Post : Holidays |
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Yes, a lot of PDLs put a wage assignment clause in their contracts. A wage garnishment involves a whole bunch of paperwork and court proceedings. Illegal companies aren't about to expose themselves with that, but they send their wage assignments on very official looking paper to trick employers into agreeing to them. So don't forget to send letters to revoke them, and tell your employer that you have NO intentions of volunteering!
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pokogeo
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Posted: Wed Oct 03, 2007 3:58 pm Subject:
Latest Blog Post : Holidays |
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Sass, good advice! These storefronts operate a lot differently than the illegal internet ones!
Listen to Sass, just keep trying, and hopefully you can get ahold of someone who is sympathetic and willing to help you out as long as you show you are willing to try....
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pokogeo
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