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Posted: Wed Oct 24, 2007 2:17 pm Subject: Payday Loan Issue (among many others)
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So I took out a payday loan with paydayloan usa on the internet, I took out 300 dollars. I was advised of a 90 dollar serice fee that that would be taken from my checking account. Now the attendent on the phone I thought had said that they would loan me the 300 dollars then my next paycheck (next week) they would deduct 390.00. However after not having any issues I see that 2 months later they deducted 245 dollars, which cause other checks I had wrote to bounce! Anything I can do about this?
8/27 - 90 dollars
9/10 - 90 dollars
9/24 - 90 dollars
10/9 - 50 dollars
10/9 - 90 dollars
10/22 - 245 dollars
What is going on here, I have not recieved one phone from them nor did I think this would happen!
What makes this worse is that I have much more debt on top of this and am in fear of loosing my electricity and water due to it, also needing a place to live in 4 days due to a crooked landlord on a home purchase that is also going to cost me legal fees.
What can I do, what rights do I have, I plan to call them tonight however I feel they will not work with me!
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konioni
Joined: 24 Oct 2007
Posts: 2
Debtcc Points: 96
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Posted: Wed Oct 24, 2007 2:21 pm Subject:
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What state are you in? Once we get this someone will be able to advise you further.
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jazznjoker8
Joined: 22 Aug 2007
Posts: 44
Debtcc Points: 1288
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Posted: Wed Oct 24, 2007 5:52 pm Subject:
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Iowa, Sorry.
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konioni
Joined: 24 Oct 2007
Posts: 2
Debtcc Points: 96
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Posted: Wed Oct 24, 2007 6:56 pm Subject: reply
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Okay, it looks as though you've paid $655 on a $300 loan. I'm posting your state pdl law. Your state prohibits rollovers/extensions. This is what they have done. All those fees debited from your account were rollover/extension fees. You've overpaid by $355. Do you have contact information for this pdl so that you can throw your state law at them and demand a refund of the overpayment?
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cannr
Moderator

Joined: 07 Jun 2007
Posts: 9372
Debtcc Points: 124815
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Posted: Wed Oct 24, 2007 6:57 pm Subject: reply
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| Quote: | Iowa State Information
Legal Status: Legal
Citation:
2 Iowa Code Ann. § 533D et seq.
Loan Terms:
Maximum Loan Amount: $500
Loan Term: Max: 31 days
Maximum Finance Rate and Fees: $15: $0-$100; $10 per $100 thereafter
Finance Charge for 14-day $100 loan: $16.67
apr for 14-day $100 loan: 433%
Debt Limits:
Maximum Number of Outstanding Loans at One Time: Two
Rollovers Permitted: None (cannot repay, refinance or consolidate)
Cooling-off Period:
Repayment Plan:
Collection Limits:
Collection Fees: One $15 NSF fee (exclusive remedy)
Criminal Action: Not Specified
Where to Complain, Get Information:
Regulator: Iowa Division of Banking
Address: 200 East Grand Avenue, Suite 300 Des Moines IA 50309
Phone: (515) 281-4014
Fax: (515) 281-4862
Regulatory Contact: Rodney Reed,, Finance Bureau Chief
http://www.idob.state.ia.us/
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cannr
Moderator

Joined: 07 Jun 2007
Posts: 9372
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Posted: Thu Oct 25, 2007 5:24 am Subject:
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I do have contact information. Does it matter if they call that "fee" a service fee? I am assuming that is the same thing that the state prohibits!
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Guest

Debtcc Points: 100
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Posted: Thu Oct 25, 2007 10:05 am Subject: reply
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These are "rollovers" they are charging you. Now I can see them saying $90.00 fee for loaning you the money. Example - $300 loan + $90 fee = $390. However, they've debited $90 out of your account every two weeks. Those are rollover/extension fees. Yes, you've overpaid.
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cannr
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Joined: 07 Jun 2007
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Posted: Thu Oct 25, 2007 8:52 pm Subject:
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Ok, so I called them and explained the "iowa" law. There respnse was that my next check they will take out 125, a 75 dollar "service fee" and 50 for my balance. I tried to ask for a refund and they tried to intimidate me saying I agreed to this on recording but refused to furnish proof!
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Posted: Thu Oct 25, 2007 9:08 pm Subject: reply
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Wait! They are going to debit your bank account? Hold on here! You've already overpaid these guys. You do not owe them any more money! Is your bank account still open/active? When are they expecting to take these amounts out? They should not be getting any more money! None. They owe you a refund! Do they still have access to your bank account?
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cannr
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Posted: Thu Oct 25, 2007 9:09 pm Subject: reply
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Also, you said "recording". Was this loan taken out over the internet? Or was it a "verbal agreement" via telephone?
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cannr
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Posted: Thu Oct 25, 2007 9:12 pm Subject:
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Was it on the internet to apply and then they called to "verbally" read you the terms and conditions???
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volleyballmom
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Joined: 27 Aug 2007
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