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PDL nightmare in Oregon

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PostPosted: Mon Jun 30, 2008 7:37 pm Subject: PDL nightmare in Oregon

First off I am so thankful I came across this site; I don't feel so alone fighting the endless battle of payday loans here in Oregon. Thank you also for the quick reply's for what I need to do; here is a list of my PDLs;
Big 200 loan-paid 720.
mypaydayloan 300 loan-paid 450.
Loanshop(Redhorse) 300 loan-paid 540.
Astro 300 loan-paid 360.
United 200 loan-paid 300
Centruion 300 loan-paid 630.
ACC 400 loan-paid 350.
JD Marketing 300 loan-paid 270.
EME Marketing 300 loan-paid 270.
Payco 300 loan-paid 144.
Again thanks for your helpful suggestions; I was planning on going to my bank tomorrow 07/01 and seeing about revoking the ACH authorizations. I have tried to get a sample letter of the cease and desist letter that everyone seems to be talking about but am unable to download it. Any help with that of what it needs to say?? Again I can't say thank you enough!!

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PostPosted: Mon Jun 30, 2008 7:59 pm Subject:

Thank you so much for starting a new topic, and welcome! I will be posting your pdl laws shortly. Smile
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PostPosted: Mon Jun 30, 2008 8:00 pm Subject:

Quote:
Oregon State Information

Legal Status: Legal

Citation:
54 Or. Rev. Stat. Ann. ยง 725.600 et seq.

Loan Terms:
Maximum Loan Amount: Not Specified
Loan Term: Min. 31 days
Maximum Finance Rate and Fees: 36% APR interest, $10/$100 fee up to $30
Finance Charge for 14-day $100 loan: $13 for 31 day loan
APR for 14-day $100 loan: 156% APR for 31 day loan

Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: Two (renewals)
Cooling-off Period: 7 days after prior loan expires
Repayment Plan:

Collection Limits:
Collection Fees: One $20 NSF fee + additional bank charges
Criminal Action: Not Specified

Where to Complain, Get Information:
Regulator: Oregon Department of Consumer & Business Services
Address: Division of Finance & Corporate Securities, 350 Winter St. NE, Rm. 410 Salem OR 97301
Phone: (503) 378-4140
Fax: (503) 947-7862
Regulatory Contact: Charles Donald,, Supervising Examiner, Non-depository Programs

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PostPosted: Mon Jun 30, 2008 8:04 pm Subject:

You can tailor this to your needs. Remove the portion that says "Illegal loans", that is unless we discover the loans you have are illegal. Here is where you would check your Licensee Database.

Quote:
Name
Address
City, State
Account #

Date

Company Name
Address
City, State

To Whom It May Concern:

It has been brought to my attention that your company is not licensed to lend in my state, therefore making the contract I had with you null and void. I will agree to pay the principal amount of the loan, however, I will need a physical address to 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.

You are hereby notified that I am revoking ANY and ALL ACH transactions made by your company on any of my personal accounts. If you make any attempts to do so, I will be forced to take legal action against your company. I am also revoking any and all wage assignments I may or may not have signed with your company, my employer has been notified about this matter.

As of today ________, the only contact you may make with me is either through email, or USPS. I also demand your company and any affiliates of your company cease and desist all contact with me (except what is stated above), my employer, or any references I have listed on my account.

Your cooperation in this matter is appreciated.

Sincerely,

Your name

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PostPosted: Mon Jun 30, 2008 8:30 pm Subject:

Thanks for the letter, pdl laws and I will start searching the licensee database..to see if loans are illegal...there is a light at the end of the tunnel..thanks. Also I am just trying to find the best way to handle my checking account if I should revoke ACH or just close it. Any suggestions??
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PostPosted: Mon Jun 30, 2008 9:55 pm Subject:

Revoking probably won't do any good, I am afraid the best way to protect your funds is to close out your account, or place a hard debit block on it. Read THIS before closing your account though. Smile
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PostPosted: Tue Jul 01, 2008 6:37 am Subject:

I have to agree with Shazzers, you will need to close your account asap. Also, try not to use the same bank.
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PostPosted: Tue Jul 01, 2008 7:07 am Subject:

Im' from Oregon myself Very Happy

All your loans are ILLEGAL.

Oregon has some new great laws that specifically state that companies lending over the internet must still be licensed by Oregon and follow Oregon laws.

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PostPosted: Tue Jul 01, 2008 7:10 am Subject:

FYI - In Oregon the original creditor has the right to call the debtor. You cannot request no contact and expect them to follow it. That would only be for 3rd party creditors.

That is the same with most states, very few states allow a consumer to request no contact by phone with a creditor. That part should be removed from the letter . . . . .

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PostPosted: Tue Jul 01, 2008 7:33 am Subject:

That's true legally Goudah, the creditors can actually contact you if they choose to do so, however, I have to disagree with removing it from the letter, it isn't illegal to request they not contact you by any other means except USPS, and ya never know, as stupid as some of these PDL's are, they MAY just follow it, I say, it doesn't hurt to try. But that would be up to the person sending the letter, personally, I include it, I figure what the heck, may as well try! And as you see, the letter ends with: "Your cooperation in this matter is appreciated". Laughing
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PostPosted: Tue Jul 01, 2008 7:45 am Subject:

I just think it makes it look like the laws for the original creditors are getting messed up with the FDCPA. I know many that put the in the letter get a response saying they are wrong and the pdl isn't the original creditor.

It's up to the person sending the letter. I just know I wouldn't want to put something in a letter that wasn't legally correct. But that's just me. I'm a stickler like that. Very Happy

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PostPosted: Tue Jul 01, 2008 7:49 am Subject:

Well, I can understand that, but it actually worked for me one time. They DID cease contact with me after receiving my letter, so it was worth it to me. And I didn't quote any laws, I just made demands. lol Laughing
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PostPosted: Tue Jul 01, 2008 7:55 am Subject:

Hi Shazz! I agree with you, I don't feel that it is illegal to request communication by whatever means you desire just as it is not illegal to revoke ACH authorizations. I was lead to believe that they are strictly on a volunteer basis, and that was directly from my own banking institution. ACH authorizations are at the discretion of the customer/client. Whenever I cancelled any of mine there were no questions asked as to why, it just was what it was, revocation of the process. When dealing with the PDLs in my case, I left NO stone unturned. I kept flipping them over until I hit the one that had the prize. I am just thankful that I was able to get past them relatively quickly and without any loss to my finances. To all who are still struggling. . . heads up, this too will pass.
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PostPosted: Tue Jul 01, 2008 8:43 am Subject:

ACH revocation is actually federal law . . . . . Any reoccuring ACH transactions can be revoked at the consumers request. It's in the electronic funds transfer act.
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PostPosted: Tue Jul 01, 2008 8:48 pm Subject:

now it is banking nightmare...I went to my bank seeing about putting a hard hold on my account-wouldn't do, then about ACH revocation-wouldn't do, bank manager out to lunch-most of the day, I had to write a letter to request my account be closed-being it was negative a couple hundred..bank manager still out to lunch at 5pm!! So do I wait to send C & D letters out to PDLs?? Thanks also for all your feed back and information about my loans being illegal in Oregon.
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