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Posted: Tue Dec 11, 2007 6:55 pm Subject: Louisville Ky PDL trouble
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Hi. My name's Bellis and I have 9 cash advances in Kentucky. My girlfriend has 6 cash advances.
CashTyme $500
Quik Cash(actually spelled this way:P)$500
Check Smart $411
City Check Advance $200
Mister Money $250
Cash America $500
Check Into Cash $411
paydayok(online)$330
big(online)$320
My girlfriend and I recently made this "brilliant" decision - we weren't going to let these cash advances run our lives, making us broker and broker, leading us to write more advances. So we let them go, and let the checks bounce. I thought, ok, I can pay these one at a time, it's going to mess my credit up really bad, but my credit's already messed, and I have to pay my bills. And I've been saving and working tons of overtime to do this. But I've started recieving calls and letters to the effect of "we're going to take you to court if you don't pay soon." I even just got a call from a guy claiming he worked for a law firm and that he was going to take me to court if I didn't pay. I am scared as all heck. What can I do at this point? Am I screwed?
Thanks,
Bellis
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longgoodnight
Joined: 11 Dec 2007
Posts: 9
Debtcc Points: 351
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Posted: Tue Dec 11, 2007 7:01 pm Subject:
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Bellis, welcome to the fourm. Your internet pdls are going to be prohibited in the state of KY. Now, as for the storefront....you have let all of them go and are not current on any? Have you communicated at all with any of these companies? The storefronts are goig to be licensed and legal? So you do need to work out payment plans with them. Is your bank account open or closed? I will post information on KY laws for you to look at.
_________________ In life it doesn't matter
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RoxyNY
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Posted: Tue Dec 11, 2007 7:04 pm Subject:
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This is the pdl law for KY
| Quote: | Kentucky State Information
Legal Status: Legal (Applies to check cashers only)
Citation:
Kentucky Rev. Stat. Ann. ยง 368.010 et seq.
Loan Terms:
Maximum Loan Amount: $500
Loan Term: 14-60 days
Maximum Finance Rate and Fees: $15 per $100
Finance Charge for 14-day $100 loan: $17.65
APR for 14-day $100 loan: 459%
Debt Limits:
Maximum Number of Outstanding Loans at One Time: Two ($500 aggregate loans outstanding to all licensees)
Rollovers Permitted: None (cannot renew, rollover, or consolidate)
Cooling-off Period: None
Repayment Plan:
Collection Limits:
Collection Fees: One NSF fee (if disclosed)
Criminal Action: Prohibited
Where to Complain, Get Information:
Regulator: Kentucky Office of Financial Institutions
Address: 1025 Capital Center Drive, Suite 200 Frankfort KY 40601
Phone: (800) 223-2579
Fax: (502) 573-8787
Regulatory Contact: Gary Davis,, Branch Manager
http://www.kfi.ky.gov/
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Here is some additional information...
| Quote: | What does this mean?
Internet based companies are illegal. They cannot collect on the debt through any means. Kentucky does not license them, and does not allow companies not licensed in KY to lend legally.
Storefronts can charge you 15% of the face value of the check.
Rollovers are not allowed.
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_________________ In life it doesn't matter
how hard you hit, it matters
how hard you get hit
and keep moving forward.
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RoxyNY
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Posted: Tue Dec 11, 2007 7:08 pm Subject:
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I have communicated on a semi-regular basis with 5 of the 9, indicating that I have had trouble with my finances, and have made commitments to pay a few time(which I haven't been able to keep so I make another commitment).
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longgoodnight
Joined: 11 Dec 2007
Posts: 9
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Posted: Wed Dec 12, 2007 5:10 am Subject: r
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long, I'm so sorry about your situation. I know the majority of us have "been there, done that". I wish to God that you hadn't defaulted yet though! A lot of your storefronts are members of the CFSA & you could have set up the EPP (extended payment plan) with them. However, that can't be done once the loans are in default - so that's okay. We'll go at it from a different angle. The key to any storefront is communication. Obviously, you had some communication and set up payments but weren't able to keep the payments up. Are these storefronts "holding" your checks for you or have they turned them over to corporate/collections? It sounds as though at least one of them has turned you over if you've received a call from a lawyer. You need to find out from each storefront if they still have your check or if they have turned it over to corporate/collections/attorney. In Kentucky, they usually take the route of either holding it themselves until it is paid in full, turning it over to the corporate office (in which case you can set up payments with them & they are usually much nicer than the storefront), turning it over to a third party collector (in which case you can set up payments), or turning it over to an attorney (in which case you can usually set up payments; however, they will charge extra fees for "attorney fees"). If you have gone beyond these measures and they are talking "court" now, it would be "civil court" - not "criminal court". Do this - contact each one of your storefronts, ask them if they do indeed still have your check. If so, set up payments with them that you can afford and stick to. If they have already turned it over to "someone", find out who it is, contact them and attempt to set up payments with them that you can afford and stick to. It's okay to tell these people you have a "mess" on your hands and you have way too many pdls and that you need lower payments in order to pay them all off. The majority of storefronts just want their money back. If you have any questions, please just post!
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cannr
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Posted: Wed Dec 12, 2007 5:13 am Subject: r
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also, long, have you done anything regarding your bank account? Your two internet loans are illegal, as roxy pointed out. If they still have your bank account information, they are going to debit you until you are dead in the ground. Do not let them have access to your bank account. You don't need this to happen! That's money that you could use to pay your legal storefronts off.
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cannr
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Posted: Wed Dec 12, 2007 6:44 am Subject:
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Well, actually, I got a second and new bank acct before this happened, and xferred the majority of my check to this second acct, and have a little bit going to the orginal acct to pay off the original balance.
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Posted: Wed Dec 12, 2007 1:33 pm Subject: r
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Good. At least you have a working bank account. Now, let me look at your loans. Cash America will send your account directly to a collection agency. Mister Money will let you set up payments with their corporate office (it's a collection company but it's them). Quik Cash - depends. They may/may not hold your check there and let you make payments to them. If not, they will send you to corporate & you can make payments. CashTyme is kind of conflicting. Depends on which one you go to as to if they'll keep the check there and let you pay or if they'll turn it over. If they turn it over, they might get nasty. The others, I'm not sure about how they go about handling them. Hell, I would call and ask. Also, the "lawyer" that called you - was he calling regarding a storefront loan or one of your internet loans? If it's one of your internet loans, blow him off. If it's one of your storefronts, find out which one.
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cannr
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Posted: Wed Dec 12, 2007 6:42 pm Subject:
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Excellent - plan to start this process first thing tomorrow morning. It's so nice to realize that there are experts in those sort of thing without any sort of judgement. I have never been through such an embarrasing and frustrating time in my life. Thank you so much.
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longgoodnight
Joined: 11 Dec 2007
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Posted: Wed Dec 12, 2007 6:56 pm Subject:
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Also, one thing I want to throw out there that is particularly embarrasing: On the question on the contracts, I always signed "no" on do you have any other cash advances out in the state? Does this put me in extra trouble?
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longgoodnight
Joined: 11 Dec 2007
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Posted: Wed Dec 12, 2007 7:08 pm Subject:
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long, I would imagine that you will not get into trouble. More than likely, the companies are only going to be concerned with getting their money. Of course, Cannr will correct me if I am mistaken
_________________ In life it doesn't matter
how hard you hit, it matters
how hard you get hit
and keep moving forward.
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RoxyNY
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Posted: Thu Dec 13, 2007 4:39 am Subject: r
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long, you're SO welcome for any advice! That's why we are here! And judge people? Oh, no! We DON'T do that here! And, please do not be embarrassed to post any questions! Can you tell we've been in the same situation? LOL! No need for embarrassment here! In answer to your question, long, I thought my butt was in trouble, too! I also said "no" on every single storefront I had. I also verbally told them "no". Whoops! Hell, that fact was never even brought up. I think the storefronts know that 98% of people are going to say "no" in order to get a loan since we're that desperate. Do not even worry about that fact that you said "no". Like I said, it never even came up with me at all.
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cannr
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Posted: Fri Dec 14, 2007 5:55 pm Subject:
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I started answering the calls today and making call backs to start the process. Got off to a rough start: talked to Check Smart's corporate office -
Blake: "Do you guys do any kind of extended payment plan?"
Collections Guy: No. You would have to pay your balance of 411.25
Blake: I can't afford to pay that all at once. I...
Collections Guy: Well then hire a lawyer. Oh - I guess you can't afford a lawyer. *collections guy hangs up one me*
Ah man. This is going to be harder than I thought.
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Posted: Fri Dec 14, 2007 6:02 pm Subject: r
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long, oh nice. You have a real "peach" as a manager at that storefront. Sometimes the managers are the ones who are the total jerks. You could try this approach with them - call their corporate office. Hell, I called one of mine! They actually called the storefront and got everything taken care of for me. See if you can find the corporate office phone number. Ask them if they are members of the CFSA and "do" the EPP. If they say they do not, then ask them what you can do regarding making payments on your loan. And tell them exactly what happened when you contacted the storefront. I told the corporate office of a storefront that the manager was a complete jerk to me and wouldn't work with me, blah, blah, and all the crap he pulled with me. The regional manager contacted him. When I walked in the door, the manager was singing a different tune.
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cannr
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Posted: Fri Dec 14, 2007 6:34 pm Subject:
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Uh...Cannr....I think long was talking to the corporate office....maybe collections there.
_________________ In life it doesn't matter
how hard you hit, it matters
how hard you get hit
and keep moving forward.
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RoxyNY
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Posted: Fri Dec 14, 2007 7:01 pm Subject:
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Yeah, I was talking to the coporate office
Although I taked to another person who seemed to be cooler on the second go round. Guess that guy was just a jerk. :/
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