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 Posted: Tue Oct 23, 2007 10:38 am Subject: I need help
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I have a question regarding Payday Loan laws. I live in California and it says that rollovers are not permitted. Does this apply only if the lender is in California? Or does it apply to any payday loan. I have a loan with One Click Cash and they are not in California and they are harassing me regarding a payday loan that I have with them, they are not in California. Would the no rollovers apply to them or not. He is threatning to start legal proceedings against me if I don't pay by the end of today. I informed him about the no rollovers and he said that does not apply to them since they are not in California. PLEASE HELP.
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llindsay
Joined: 22 Feb 2007
Posts: 34
Debtcc Points: 1023
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Posted: Tue Oct 23, 2007 10:39 am Subject:
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The pay day lender has to abide by the laws of the state that you are in. They will all tell you that they dont, but they do. If no rollovers are allowed in your state, that means no rollovers. I am assuming that this is an illegal PDL. How can an illegal company start legal procedings?
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kashzan
Debt Samaritan
Joined: 11 Jul 2007
Posts: 5461
Debtcc Points: 38903
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Posted: Tue Oct 23, 2007 10:43 am Subject:
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He says that If I took this before a judge that I would lose because they are not in California. And now he is threatining to take legal action against me.
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llindsay
Joined: 22 Feb 2007
Posts: 34
Debtcc Points: 1023
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Posted: Tue Oct 23, 2007 10:54 am Subject:
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First of all, if he took it before a judge he would have to do it in CA. Secondly no judge would grant anything to an illegal company.
Third we have all been thru this. It is just idle threats and scare tactics to get you to pay. How much do you legally owe this company? How much did you borrow?How much did you pay back?
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kashzan
Debt Samaritan
Joined: 11 Jul 2007
Posts: 5461
Debtcc Points: 38903
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Posted: Tue Oct 23, 2007 10:57 am Subject:
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I borrowed $300.00. I have paid $180.00 in rollover fees and $160.00 towards my loan.
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llindsay
Joined: 22 Feb 2007
Posts: 34
Debtcc Points: 1023
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Posted: Tue Oct 23, 2007 10:59 am Subject:
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Looks to me like this loan is already paid in full.
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kashzan
Debt Samaritan
Joined: 11 Jul 2007
Posts: 5461
Debtcc Points: 38903
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Posted: Tue Oct 23, 2007 11:01 am Subject:
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Yeah I know. I told the guy at One Click Cash all of this. What should I do now?
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llindsay
Joined: 22 Feb 2007
Posts: 34
Debtcc Points: 1023
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Posted: Tue Oct 23, 2007 11:08 am Subject:
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Hey llindsay!
I am also in California...the lender has to be licensed in YOUR state and follow the pdl's laws of YOUR state.
be right back...checking to see if they are licensed!
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volleyballmom
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Joined: 27 Aug 2007
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Posted: Tue Oct 23, 2007 11:12 am Subject:
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Thanks Volley, always good to have some one in your own state post info. It is true however for any state(jump in if I am wrong) that the pdl has to adhere to the laws of the consumer, not the laws of the pdls state.
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kashzan
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Joined: 11 Jul 2007
Posts: 5461
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Posted: Tue Oct 23, 2007 11:18 am Subject:
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Kash-there are some exceptions such as PA, as long as the lender is licensed in any state.
Lindsay-One Click Cash is not licensed in California.
Remain calm...these people will tell you ANYTHING to scare you including jail, FBI, etc...We even had one say they didnt have to follow laws within the USA! 
Couple of things-
Dont take anymore of their calls...none.
We need to get you a cease and desist letter and mailed out to these idiots.
Is your checking account still open and are they still debiting?
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volleyballmom
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Joined: 27 Aug 2007
Posts: 4178
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Posted: Tue Oct 23, 2007 11:21 am Subject:
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No I have closed that account and opened up a new one. I know they can't arrest me, but I also know they can sue me. I don't want to be sued either.
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llindsay
Joined: 22 Feb 2007
Posts: 34
Debtcc Points: 1023
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Posted: Tue Oct 23, 2007 11:23 am Subject:
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They can not sue you. They are not a legally operating company. They will tell you all sorts of things to scare you into paying them. Please be calm. Nothing will happen to you. We ahve all been thru this.
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kashzan
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Joined: 11 Jul 2007
Posts: 5461
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Posted: Tue Oct 23, 2007 11:39 am Subject:
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Please take our advice and its going to be okay  I also live in CA and I am dealing with it too.
I had overpaid almost all of my pay day loans.
They will say whatever it takes to get you to pay....WHATEVER IT TAKES! They are full of it!! If I was operating illegally, I wouldnt file a legal suit in court.
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volleyballmom
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Posted: Tue Oct 23, 2007 11:48 am Subject:
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Has anyone else dealt with these people at One Click Cash? Will a cease and desist letter really work?
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llindsay
Joined: 22 Feb 2007
Posts: 34
Debtcc Points: 1023
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Posted: Tue Oct 23, 2007 11:49 am Subject:
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Sometimes the companies will honor it, somethimes they wont. But please remember that you are ok, and there is nothing that they can do to you, except to threaten you.
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kashzan
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Joined: 11 Jul 2007
Posts: 5461
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Posted: Tue Oct 23, 2007 11:54 am Subject:
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Okay..so your account is closed, thats good!
I am going to send you a test PM...respond back and then I will send you a great letter.
You can only do what you can....some will abide by the letter some will not.
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volleyballmom
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