Internet's first get-out-of-debt community - 136,000 members

Posted: Wed Jul 16, 2008 6:25 am Subject:

I'm still trying to figure out what "downloaded" is. Shocked

As far as Malta, I have some friends from France who vacationed there and they said it's beautiful. I seriously doubt they would extradite you or that the authorities here would allow that. I delt with upfront Payday, 500fastcash, and the Loan Shop.
Upfront Payday was the one I owed the most to, and paid the least on, when I wrote them and indicated that I knew that they were illegal in Indiana, they were very quick to send me a $0 balance paid in full. Loan Shop after about 5 emails and letting them know I intended to file a complaint with the attorney general sent me a refund of what I'd overpaid, 500 was a little trickier. I had to send emails to several people, I contacted their processor, and MNE directly, as well as filing a complaint with the BBB and with my state's attorney general. They got nasty and called my family, but I got a PIF from them yesterday. I won't, however, let it go from there. I will continue with my compalints and see if I can't get that elusive refund from them.

You can do it.

I'm still laughing about downloaded. Isn't that when someone gets really drunk (loaded) and falls down??? Or would that be loaded down? Maybe next time one of them says they are going to download someone, the response should be.. "Yeah, well, I'm going to upload you! How do ya like them apples!" (They'll probably be confused over the apples). Sorry, I'm in a good mood Very Happy

today and rambling.. lol
Jen

Posted: Wed Jul 16, 2008 6:33 am Subject:

Oh Jen. . .good to "see" you in such a good mood! Doesn't it feel great. I am glad that all has worked out for you. Don't be a stranger and if you should get "downloaded" let me know how it feels and where you ended up!

Posted: Wed Jul 16, 2008 7:46 am Subject:

Hahahah! Thank you, llw, I am happy.. lol. It does feel great! It's nice to know I can start saving some money now.
I was never actually threatened with downloading. I just read about it on the posts, and was curious about it. On a serious note.. has anyone ever asked what exactly they mean when they threaten to download you? Personally, I think they are making up threats. Like I said before next time tell them you're going to upload them.. or better yet. "Go ahead and download me.. I'm going to flush you!"
Very Happy

Jen

Guest · Posted: Wed Jul 16, 2008 8:26 am Subject:

arrowhead was one of the companies that settled with me first, after i sent the letter over, the immediately were ready to work with me, but i had also complained to the ag's office as well as the bbb

Kalja24 · Posted: Wed Jul 16, 2008 11:48 am Subject: PDL

How do I find out if the company is legal? Also, several of you mention already paying your moral obligation, I assume this is the original amount you owed? I just want to make sure I understand everything before I start calling these people. I have already stopped payments on them. My bank has seen a lot of this and has stopped them by the companies name and I review my account everyday and report any unauthorized withdrawls. I have received e-mails from 4 companies 3 with the same phone number.... any help is appreciated. I too am glad that sites like this exists. Smile

Posted: Wed Jul 16, 2008 12:29 pm Subject:

Yes, you are only morally obligated to pay what the company lent you. The only problem I had with stopping the payments was that some of the companies changed their name & withdrew different amounts.
Someone with a little more experience should be able to help you with the legal side, in the meantime you should list the state you live in, the company you borrowed from, how much you borrowed and how much you have paid, that will help them get you the information you need.

Posted: Thu Jul 17, 2008 10:58 am Subject:

i, too, am having an awful time with geneva roth.i had several loans out and this is the only one left! i just posted a similiar thread to this one. has anyone ever been able to work with them??

asm514 · Posted: Fri Jul 18, 2008 3:26 pm Subject: new question!!

Thanks for all of the insight. I am letting them have one last hurrah on my accounts on the 21st (Monday) - which I guess is okay, because I've not overpaid, and the "refinancing fee" will be a part of what I demand to be applied toward principal. I have to wait until probably Wed or Thurs next week to freeze, close, stop ACH payments, whatever (not sure what my bank or my credit union - two checking accounts, remember, policeis are). I have other authorized debits that will come out by that time, so I will be okay to close the account. I finished drafting my letters, though I obviously have not mailed them to anyone yet. I also have not yet filed complaints with the aforementioned agencies, though my letter says I "will immediately do so". I also say in the letter that I am contacting their ach processor, but I need to get that from my bank(s).

OH And Get This... I just had an unauthorized debit from "ID Theft Protection" (phone # 866-592-6439). I called and DEMANDED they refund my money. They said I "signed up for their service while taking out a payday loan" which is COMPLETE BS - I never heard of them; so here is my first example of stolen information, I guess. They say the refund will take 72 hours - should I wait for it to be credited to my account before I close it? Don't know how to get my money back otherwise.

Hey, I have a new question for everybody, too - is it allowed to route your direct deposit into an account that does NOT have your name on it? I was thinking of having my wife open the new checking account(s) without me (all of the payday loans are mine, not hers). I was thinking that way they'd never find the account by my social security # (and they obviously don't have hers). But I don't know if it's "legal" to have MY direct deposit routed to HER bank account. Any ideas / experience???

Posted: Fri Jul 18, 2008 5:02 pm Subject:

Well, I am not sure about having a direct deposit go into an account with a different name. I would check with my bank an my payroll department and see what they have to say about it. A good idea though. As for the ID Theft thing, be careful. There is fine print on a LOT of things these days and you may have not even known that you signed on for something, as if you need any more aggravation than when signing on with PDLs! I had that happen to me and it was being charged at a whopping $20 a month, on my phone bill. The phone company called these yahoos while I was on the line with them and as soon as they started their BS, she cut in and demanded that, as an employee of the phone company, they had to reverse the charge. They said they would but it would take about 45-60 days. Phone company said BS, and it was reversed immediately. Just keep after them to drop the charges. Sounds like you have a plan of action in place. Good luck and keep us posted.

Posted: Fri Jul 18, 2008 5:06 pm Subject:

On another note, but regarding the same, it is so refreshing to see the amount of people who are coming on the board, with so much knowledge already. The are taking their time to read the posts, draft letters, close bank accounts before they post. By the time they do, they already have a plan of action in the works. That, I say, can attest to all the hard work that has been before them. I think the education part of the PDL world is working. I, for one, am thankful for that.

asm514 · Posted: Sat Jul 19, 2008 1:13 pm Subject:

Okay, here is the letter I intend to send to all of the payday loan companies. I've cut and pasted and taken ideas from a lot of different posts on this forum to try and personalize it. I obviously have not sent this yet, because I will not be securing my checking accounts until next week. But I am interested in feedback. Are all of my bases covered in this letter?? Please let me know.

July 24, 2008

Upfront Cash
223 West Bulldog Blvd, Suite 529
Provo, UT 84604

Re: Loan No. ***** for *****, SSN# ***-**-****

To Whom It May Concern:

Effective immediately, I hereby revoke authorization to Upfront Cash, or any representative, parent company, affiliate, or subsidiary of Upfront Cash, to withdraw any funds electronically from my checking account ending in **** at _______________. The account has been closed to all further activity, so any attempts to debit this account will be returned �ACCOUNT CLOSED�. In addition, I prohibit you from debiting any other accounts I may have, either now or in the future. I will immediately contact your processor, ACH Commerce, to notify them of this revocation.

It has been brought to my attention that your company is not licensed to lend in the state of Ohio. Pursuant to ORC § 1315.36, no check-cashing business shall engage in the business of making loans under sections 1315.35 to 1315.44 of the Revised Code without first having obtained a license from the superintendent of financial institutions under sections 1315.35 to 1315.44 of the Revised Code. Therefore, Upfront Cash is in violation of Ohio state law.

You are in violation of section 1315.36 of the Ohio Revised Code, and have made a loan that does not comply with division (A) of section 1315.39 of the Ohio Revised Code. For this reason, I will immediately file complaints with the Ohio Attorney General’s Office, the Oklahoma Attorney General’s Office, the Federal Trade Commission, and the Better Business Bureau concerning your illegal lending practices.

Upfront Cash's obvious claim that the contract I signed is solely governed by the laws of Utah, the state within which your company is physically located, is unsupported. There is specific case law which negates this claim. Upfront Cash consciously solicited, accepted, and transacted business with a citizen of the State of Ohio and you are therefore subject to the laws of Ohio. Since Upfront Cash is not licensed to lend monies in Ohio, any contract I entered into with your company is unenforceable and automatically void as a matter of law.

In reference to my current loan with your company, I am formally requesting substantiation of all interest payments made by me to your company. According to my records, I received a loan with a principal of $400.00 on June 27, 2008, and have paid total renewal finance charges in the amount of $120.00 on July 21. In view of the information detailed above, I still owe $280.00. I will agree to pay this remaining principal. However, I will send payments in the form of money orders. These are my terms; if you are not willing to accept my terms, then you will not receive any payments.

Upon payment of $280.00, I expect Upfront Cash to immediately mark my account PAID IN FULL. Further, at no time will Upfront Cash, its representative, parent company, subsidiary, or affiliate, place any derogatory mark on my credit report with any credit bureau, or with any check writing database (i.e., Teletrack ).

In the event you decide to affect one, I hereby revoke any wage assignment you may attempt to implement on this account. I am formally revoking any and all assignments of wages that I may have executed in the past in the course of obtaining credit from your company. As you may be aware, wage assignments are illegal in Ohio, pursuant to ORC § 1321.32, except in very narrow circumstances which are not present here. Even if such an exception existed, the assignment must be revocable to be binding and I am formally revoking this assignment accordingly.

As my wages are paid in Ohio, your ability to enforce such an agreement is subject to Ohio law regardless of any choice-of-law clause in my loan agreement and regardless of conflicts-of-law principles. My employer is not a party to our transaction and cannot honor such an assignment without violating Ohio law. Any attempt by your company to contact my employer, or any other third party, will be treated as a violation of the Right to Financial Privacy Act (12 USC § 3401 et seq.), the Graham-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and other applicable state and federal laws, including those relating to criminal harassment.

Effective immediately, please do not contact me via telephone or facsimile at home, at my place of employment, or at any other phone number on record. The only contact you may make with me is either through email, or the United States Postal Service. I demand that Upfront Cash, as well as any representative, parent company, affiliate, or subsidiary of Upfront Cash, cease and desist all contact with my employer, or any references I have listed on my account. Failure to do so will result in further complaints filed with the aforementioned agencies.

To reiterate, this is a formal revocation of authorization for you to debit my checking account on record, as well as any other accounts I may have, either now or in the future. . If you make any attempts to do so, I will be forced to take legal action against your company.

Please acknowledge receipt of this letter, and acknowledge acceptance of – and willingness to adhere to – the settlement described above in writing within 24 hours of receipt.

I look forward to an amicable resolution of this matter.

Sincerely,

*******

cc: Nancy H. Rogers, State of Ohio Attorney General
cc: Mark Shurtleff, State of Utah Attorney General
cc: Robert M. Grieser, Deputy Superintendent for Consumer Finance
cc: Federal Trade Commission
cc: ACH Commerce

asm514 · Posted: Sat Jul 19, 2008 3:12 pm Subject:

Hi, I have a new question - I thought (and had been told by several people here on the forum) that 500 Fast Cash and ameriloan were the same company. But then I found goudah's thread that says they are not. Ameriloan is MNE and 500 Fast Cash is MTE? Is this correct? They are not affiliated? Because I was also told that Intercept was the processor for both and Bremer Bank was the bank for both. Now I'm not sure if that's true. Can someone clear this up? I am still looking for ach processor information for most of my pdls, and thought i at least had these two figured out...

Posted: Sat Jul 19, 2008 3:13 pm Subject:

Wow! Great job asm! That should get their attention!!

asm514 · Posted: Sat Jul 19, 2008 3:16 pm Subject:

Thanks alias1958. Any suggestions? Or do you think it is okay as is?

Posted: Sat Jul 19, 2008 3:18 pm Subject:

It looks great to me the way it is, but since I'm not a PDL expert, hopefully some others will be along soon to put in their two cents!

Posted: Sat Jul 19, 2008 7:00 pm Subject:

500 Fast Cash and ameriloan carry the same IP address, with the exception of the last two digits. I would go ahead and call Intercept and give the info on both to Cindy. You can also have your bank check where the debits are coming from and that could be a help. I know that I questioned the affiliation a while back and there is also a post regarding MTE and MNE being affiliated. These guys are notorious for keeping some things "sacred" ie. their address, and they are on the same reservation in Oklahoma. In the midst of all the communications they have been receiving of late, who is to say that playing "PDL for a day" is not possible in an effort to "confuse" the situation even further. Hell, I was getting emails from Ameriloan refering to my UsFastCash account. They are so twisted in this THEY can't even keep their account straight. Again, intentional, or not? I would go ahead and make that call. You really have nothing to lose. You have to keep pushing buttons until you get the one that opens the door.

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