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 Posted: Fri Feb 29, 2008 1:02 am Subject: information on MS for new member
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Hello all! I am new to the group and feel really glad that I found this. I am relieved that I am not the only one out there who is drowning with multiple payday loans. Does anyone know where I can find information on laws and regulations for Mississippi?
Thanks,
Kim
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gemgrl_72
Joined: 29 Feb 2008
Posts: 1
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laurel188
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Posted: Fri Feb 29, 2008 5:38 am Subject:
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here are the laws for your state. If you let us know who your lenders are, how much borrowed from each, how much repaid to each, which are store front and which are internet , we can help you here.
| Quote: | Mississippi State Information
Legal Status: Legal (Applies to check cashers only)
Citation:
Miss. Code Ann. § 75-67-501 et seq.
Loan Terms:
Maximum Loan Amount: $400
Loan Term: Max: 30 days
Maximum Finance Rate and Fees: 18% of check
Finance Charge for 14-day $100 loan: $22
apr for 14-day $100 loan: 572%
Debt Limits:
Maximum Number of Outstanding Loans at One Time: Not Specified
Rollovers Permitted: None (cannot renew or otherwise extend)
Cooling-off Period:
Repayment Plan:
Collection Limits:
Collection Fees: NSF fee; Court-awarded fees (if disclosed)
Criminal Action: Prohibited (When check returned due to NSF)
Where to Complain, Get Information:
Regulator: Mississippi Department of Banking and Consumer Finance
Address: 901 Woolfolk Building, Suite A 501 N. West Street Jackson MS 39201
Phone: (601) 359-1031
Fax: (601) 359-3557
Regulatory Contact: Ronny Harrison,, Chief Examiner, Consumer Finance Division
Regulator Website
Licensee Database
Complaint Instructions
Complaint Form Link
Online Resources |
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kashzan
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Posted: Fri Feb 29, 2008 7:22 am Subject: If this is a copy...I apologize as my reply disappeared
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1. ameriloan
3531 P Street NW, PO BOX 111
Miami, OK 74355
1-800-536-8918
Borrowed: $300
Repaid: $180
Still owe: $390
2. Invicity
Recovery Manager
MTE Financial Services
Toll Free: 1-800-325-8208
Borrowed: $300
Repaid: $180
Still owe: $390
3. OneClickCash
52946 Highway 12, Suite 3
Niobrara, NE 68760
Borrowed: $300
Repaid: $180
Still owe: $390
4. Loan Shop Online --- DKS Enterprises 1-800-757-8373
Borrowed: $300
Repaid: $180
Still owe: $390
5. There is a fifth, that i have yet to identify. The load deposited into my account while I was almost <800>.
I have not received any communication from this company and dont have any information who they are. I honestly don't even remember agreeing to this loan and terms but since it deposited into my account when it was in the negative, I couldn't do anything to reverse the transaction.
Borrowed?: $400
Repaid: $240
Still owe: $520 (I would guess).
6. Advance America (store front)
111 Hardy Court Shopping Ctr, Gulfport - (228) 822-0480
Borrowed: $300
Repaid $130 fees to rewrite
Still owe $365
7. Cash Inc
10311 Boney Ave, Diberville - (228) 396-3545
Borrowed: $307
Repaid: $131.50 fees to rewrite
Still owe $365.75
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Gemgrl
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Posted: Fri Feb 29, 2008 2:44 pm Subject:
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If anyone knows any tips or has any info on helping me deal with these above companies, I sure would appreciate it.
Thanks,
Kim
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Posted: Fri Feb 29, 2008 5:52 pm Subject:
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ameriloan (d/b/a of MTE) unlicensed/illegal
Borrowed 300/ Paid 180/ OWE 120
Invicity (d/b/a of MTE) unlicensed/illegal
Borrowed 300/ Paid 180 / OWE 120
One Click Cash (d/b/a of MTE) unlincensed/illegal
Borrowed 300/ Paid 180/ OWE 120
Loan Shop - will have to check if licensed for you
Borrowed 300/ Paid 180/ OWE 120
(These numbers are if they are unlicensed/illegal)
Your "5th loan" - You need to figure out who the loan is with. This is important. Do you see anything next to the debits on your bank statement? A name? A phone number? How about when they deposited it? It should say something next to that transaction.
Your storefronts are your priority right now. They will be licensed/legal and they have a check from you in their hand. These guys need to be taken care of first.
Advance America is a member of the CFSA. This means that you can go into the storefront at least one business day BEFORE the loan is due and invoke the EPP (extended payment). They will have you sign an amendment to your loan documents and break down your payments into four equal payments coinciding with your paydates until the loan is paid in full.
Cash, Inc. I'm not sure if is a member of the CFSA. However, you can call their corporate office and ask them if they are. More and more storefronts are becoming members. So, they might be. It doesn't hurt to ask. If they are not, you can tell them that you no longer have a bank account, you can not pay the loan in full, and that you need to make payment arrangements.
What is the status of your bank account? Are they still able to debit your account?
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cannr
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Posted: Sun Mar 02, 2008 5:14 am Subject: Bank Status
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Hi there,
Thanks for that information. It makes figuring out what to do next easier. I am going to go and talk to my branch manager tomorrow morning. I had sent emails to all of the online lenders to let them know that I was revoking their permission to debit my account and all of them debited payments anyway so I am about <600> right now with payday a week away. If I am not mistaken, I will need to see if they can block anymore debits from coming out and I am also going to see if I can get the time that I need to get out of the negative. We all count on earning tips, where I work, and right now is still low season so I'm really hurting to make ends meet. If nothing else, I have learned a really important life lesson. Looking back, I wish I had not been so scared of being broke around the Holiday season. I could have done a lot of things differently but I am glad I know better now. I am also going to see if I can find out about this fifth lender while I am at the bank and will post it here. Thank you guys so much for all of your help. I hope I can help someone else one day when this mess is all over. I am especially thinking of how things have changed locally here. The payday stores were few before Hurricane Katrina and now they are everywhere. I can only assume that some of these companies are preying on all of our misfortune somehow. I turned to these online lenders because I didn't want anyone to know how badly we were doing. It makes me wonder just how many folks in my town are in the same predicament. Anyway, thanks again and have a great day.
Kim
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Gemgrl
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Posted: Sun Mar 02, 2008 9:00 am Subject:
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kim, we totally understand. And, I'm sorry you're going though this. It's sad how these pdls take advantage of people and also how sad it is for us to become such easy vicitms. We've all been there. We can get you through this. Your mistake was telling the pdls that you revoked their debit authorization before you closed your bank account. So, they caught wind of what you were about to do and hit your account. That's how they operate. That's why we always advise people to get the bank account straightened out (closed/blocked) first, then send the pdls a letter. However, you're taking care of it. I'm going to post something regarding closing your bank account. Please read it and post if you have any questions. We can help you out. Also, please make sure you find out who that 5th loan is with. Maybe the bank can tell you how much they deposited and how much they debited. I'll post the stuff about the bank account closing below.
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cannr
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Posted: Sun Mar 02, 2008 9:02 am Subject:
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| Quote: | Before you close your bank account due to payday loans eating away at your paycheck, please read this.
Some banks have a policy regarding ach transactions that allows them to force open closed accounts if any ach transactions go through within a certain time frame after the account is closed. This can leave you owing a legal bank $1,000's and reported to chexsystems, instead of owing barely legal (or not at all legal) payday loan companies. Not a good thing. Ask your bank what their policy is on ach transactions on closed accounts before you close the account. It's best to go in person and talk to a branch manager.
If your bank does have this policy, tell them your situation. Don't be embarrassed. Take letters with you showing that you have revoked authorization for each of your payday loan companies to debit your account. Tell the bank to put your account on deposit only, an ach block, or a hard hold before they close the account. Your bank can do one of those, don't take no for an answer. This will prevent any payday loan ach's from reopening the bank account.
It'a always best to close your bank account. Leaving it open gives ways for the payday loan companies to continue to take money out. These companies have many different dba's, so blocking them won't work. They will also produce paper checks and run them through your account. Closing the account is the best way to prevent these companies from taking money out of your account.
Some state laws do allow for prosecution if you close your bank account, but that is usually in cases of fraud. But it's always best to check with your state's attorney general or department of financial institution before you close your account. You want to make sure you are not causing more heacaches!
Last edited by goudah2424 on 17 Jul 2007 15:25 |
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cannr
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Posted: Fri Mar 07, 2008 3:55 pm Subject: the fifth loan finally identified sort of
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I finally found the name of the fifth loan is from Payday Services, 1-800-420-8023.
Due to these five lenders repeatedly trying to send payments through, my checking account is now almost <900>. This has happened just in the past week SINCE I revoked authorization to debit my account. I am preparing all of my paperwork together to take to the bank Monday to see what I can do. Judging by my new statement, that will probably be nothing. MTE has offered me a settlement amount on one of the loans of $315. They have continued to harrass my family and friends since I have told them not to contact me by phone. I am sending ceast and desist letters out on Monday but I am not sure of what to say.
Thank you all for the good advice and help.
Kim
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Gemgrl
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Posted: Fri Mar 07, 2008 6:58 pm Subject:
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Payday Services
Phone: (800) 420-8023
Fax: (800) 420-8024
Address: 300 West 200 South Ste 350-B
Salt Lake City, UT 84101
Not even showing them licensed in Utah.
On the MTE one that offered a settlement of $315 - which one was it? From what I'm showing, you do not owe any MTE d/b/a $315. See my post above as to what you owe. Do NOT pay any more than what you owe towards the principle on any MTE loan. They are unlicensed/illegal in the United States. They can stick their "settlement". If you agree to it, you're going to be paying WAY over the borrowed amount.
You need to get your bank straightened out. Like I said, your only mistake was letting these pdls know ahead of time - before the bank account was taken care of. Get this account closed.
Do you have a letter to send to your internet pdls? We have a letter you can use as a guide for each pdl which covers not contacting you, revoking debit authorization, revoking wage assignments, etc. Do you need a copy of the letter to send to them?
Your storefronts - you will need to make payment arrangments with them. Have you done anything with them yet? As posted above, your Advance America is a member of the CFSA. You can make payments to them. The other I don't know if is or not, but you can contact them to make payment arrangements.
Please keep me updated as to the status of what's going on. We can get you through this.
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cannr
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Posted: Sun Mar 09, 2008 1:26 am Subject: Update
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Yes. I have made payment arrangements with the two store fronts. I haven't figured how I am going to work out the other ones. I thought about paying them off (principle owed) one at a time when I get paid. I could also probably pay one half owed on two at time to somewhat appease them more quickly. I will go talk to my bank Monday. I made copies of my communications to these lenders to show them that I didn't authorize these last few rounds of debits they tried to push through. I will keep you up to date with what's going on, especially since I will probably need more advice. Where can I find a copy of this letter you are talking about. I found one on your site but I think it's just a ceast and desist.
Thanks again,
Kim
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Gemgrl
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Posted: Sun Mar 09, 2008 1:29 am Subject: Update pt.2
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I forgot to mention that the offered the settlement was ameriloan. I just checked my mail and I had a letter from Ameriloan and OneClickCash requesting a payment through Western Union or a debit off of a credit or debit card (as if that would happen).
Kim
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Gemgrl
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Posted: Sun Mar 09, 2008 6:41 am Subject:
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Ahhh, ameriloan and One Click. God, you gotta love MTE. Losers. I'm going to post a letter that you can use as a "guide" to send to your pdls. You're going to have to change it to fit each particular pdl. The name, the dollar amounts, the situation (overpaid, paid in full, paid principle, etc.). If you have any questions about it, just post! And, remember, put your state pdl law in it.
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cannr
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Posted: Sun Mar 09, 2008 6:42 am Subject:
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| Quote: | Name and Address of PDL
After doing research on internet payday loan laws in the state of YOUR STATE' S NAME, I have found that your internet payday loans are actually illegal. I have also found the following laws to be true applying to payday loans in the state of YOUR STATE'S NAME in general:
INSERT YOUR STATE LAWS HERE
I have contacted the YOUR STATE Office of Financial Institutions and the YOUR STATE State Attorney General’s Office regarding your internet payday loans and was informed they are indeed illegal in YOUR STATE and was advised to pay what is due according to principle amount only of the loan.
I have currently paid XXXX DOLLARS on my XXXX DOLLARS loan. The legal amount that could have been charged to my loan is the principal amount of XXX DOLLARS even if your internet pay day loan was legal in YOUR STATES NAME. I have paid XXXX DOLLARS on this loan by your debits of my bank account and only owe XXXX DOLLARS to have this paid in full. I am willing to pay the amount of XXX DOLLARS to pay the principle amount of the loan only, as advised by my Department of Financial Institutions and my state Attorney General's office.
I demand a physical address to mail payments to, as you are no longer authorized to debit my bank account. You must provide me with a physical address to mail my payments. I will not Money Gram or Western Union any payment. If no physical address is provided for me to mail payment to, no payment will be made.
I demand that any contact be made through US Postal mail or email only. I will need everything in writing to keep accurate records of all communication as per instruction from my state Attorney General's Office.
I prohibit you or your affiliates to contact me via telephone at my place of employment or my home telephone number. I also prohibit you from calling my references listed on my loan. Once I inform you of this, you must stop the telephone contact immediately or you will be once again breaking the laws of the state of YOUR STATE.
You are also hereby notified that I am revoking any voluntary wage assignment I may or may not have signed. I no longer authorize you, your company, or your affiliates to attach any part of my wages or contact my employer for your collection purposes.
I am revoking your right to debit my checking account any longer. You, your company, or your affiliates are not authorized to debit my checking account at all. Please be aware that I have informed my financial institution of this situation and they will also be receiving a copy of this correspondence. Any further attempts at debiting my account will be rejected by my financial institution.
I must also inform you that I have filed complaints with the Better Business Bureau, the Federal Trade Commission, and my state Attorney General's Office.
I expect a response from your company no later than XXXXX, regarding this matter. This response may only come via US Postal mail or email. No telephone contact is permitted.
Your name
Account Number
cc: Better Business Bureau
Federal Trade Commission
State Attorney General |
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cannr
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Posted: Sun Mar 09, 2008 9:48 am Subject: re: update
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Thank you so much! I'll keep you posted.
Kim
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Gemgrl
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