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Sub: #17
Replied on 05-21-2008, 06:38 PM
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I am in New York and all my communications have been based on the fact that they are prohibited. So that would follow suit that even if they are licensed in another state, they would be handled differently by me, as a resident of New York State, as opposed to someone who lives in a State where they are not prohibited. I cleared all my PDLs within 3 months and I have never had anyone question anything that I was asking them to do. They just did it. I am assuming the reason was that they were illegal in my State.

Sub: #18
Replied on 05-21-2008, 07:08 PM
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I do see where PDL's are indeed prohibited in NY as you stated, so I don't see how any PDL would have a legitimate dispute. I know that PD One is a subsidiary of Think Cash and they go through the bank of Delaware, so maybe they somehow think they are legal when they are not in NY. This surprises me because they've been following Oregon law to a "T" since it was passed in July 2007. Do you know how long PDL's have been prohibied in New York?

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Sub: #19
Replied on 05-21-2008, 07:41 PM
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Well..here is what I did.
I sent them another letter to revoke authorization and C/D phone communication.

And I offered to approach a settlement - though if you include what I have paid here and what I paid BEFORE it went to payday one...I have more than paid the principal. I would settle for a simple PIF.

I am hoping they will work with me. I tried to mention that the company who had the loan before they bought it DID operate illegaly, etc.

I guess I'll see what happens next. Eeek.

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Sub: #20
Replied on 05-22-2008, 04:54 AM
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gold. . I do not know how long they have been prohibited in New York. I guess I never gave it a thought as to any ramifications as I just said you're illegal, go away. I have been very fortunate. I send a C and D and they never tried to debit again. I called the processors and immediately got a PIF. I really do think that the "prohibited" "illegal" status worked in my favor. New York has some quirky things about it that bug me but in this case I am so glad I do live here. My hope is that someday all of these illegal operations will go under and those who are legal will maintain the standard of being fair to their customers. Or, the powers that will recognize what the illegal PDLs are doing and outlaw them everywhere.



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Sub: #21
Replied on 05-22-2008, 07:11 AM
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Payday One doesn't give loans to NY residents anymore.

I know I've called NY Dept of Banking before and was told that their laws only apply to businesses with physical locations, and that loans over the internet aren't included in the prohibition.

The other thing I can think of is that they were loaning to you as a CSO. That would get them around the pdl prohibition legally.

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Sub: #22
Replied on 05-22-2008, 07:12 AM
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I will also say that I agree with Gold's statement that Payday One is the nicest and easiest pdl to work with.

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Sub: #23
Replied on 05-22-2008, 08:33 AM
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goudah. . that is interesting because that was the one question that they asked me when I spoke with them. They told me that prohibited was prohibited and they proceeded with my complaint.



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Sub: #24
Replied on 05-22-2008, 08:43 AM
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Honestly, I've heard 5 different things from 5 different people in NY . . . . Everytime I called I got a different answer. I go with the same as you do, they are all illegal.

I do see now the Payday One does not lend to NY residents anymore . . . . .

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Sub: #25
Replied on 05-22-2008, 04:51 PM
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The illegal thing must be the way to go because it has gotten all of them out of my hair.

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Sub: #26
Replied on 05-22-2008, 07:52 PM
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Can't post the link, but Cashnet500 aka PDL Yes was licensed in Utah and the State of NY crushed them. But that was before the hookers.



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Sub: #27
Replied on 05-23-2008, 07:40 AM
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Cash Net 500 is a bad bad company.

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Sub: #28
Replied on 05-23-2008, 08:37 AM
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guest . . .that was a good one! I don't things have gotten much better post hookers either!



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Sub: #29
Replied on 05-23-2008, 09:06 AM
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Illinois did better against Cash Net 500 . . .

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Sub: #30
Replied on 05-05-2009, 04:49 AM
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I emailed paydayone and cashnetusa this morning revoking ach payments and will be faxing it and sending it certified today just to cover myself and have lots of proof.

Will they actually stop the ach????
And do I need to wait until the loan defaults before asking for EPP???



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Sub: #31
Replied on 05-05-2009, 05:56 AM
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They are both legal so they should both follow the law.

Once the ACH is revoked and they confirm they will not send the ACH through then they will make payment arrangments.

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Sub: #32
Replied on 05-05-2009, 06:56 PM
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Just remember that even if they are compliant with the Electronic Funds Transfer Act, they don't have to stop the ACH if you revoked it less than 3 business days before the scheduled debit. And CashNetUSA takes the position that since a payday loan does not require "multiple payments" there is no right to revocation. (Note that this is just their legal position, though, and if you read the EFTA and NACHA rules it isn't a ridiculous one. In practice, they generally will cease attempts to debit the account.)

I would strongly urge you to close the account - or at least put stop payments in place.




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