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 Posted: Sat May 10, 2008 11:18 am
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Maria, keep hanging there. All of us are on your side and are rooting for you.
_________________
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
Moderator
Joined: 03 Aug 2007
Posts: 3908
Debtcc Points: 11781
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Posted: Sat May 10, 2008 12:07 pm
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Can anyone refresh my mind or know who intercept processes for. I am still trying to get information. Still not getting it from my bank but this does not suprise me one bit!!
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mandywebb372
Joined: 04 May 2008
Posts: 141
Debtcc Points: 1698
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Posted: Sat May 10, 2008 8:19 pm
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mandywebb. . I know that they process for UsFastCash and Ameriloan and they use Bremer Bank as their originator. If you have a particular PDL just call them and ask if they process for them. Ask for Cindy when you call. I also know that ACH Commerce processes for MyCashNow and PayDayMax, if anyone is looking for them as well and they use the Bank of the West as their originator. If you know that any PDL is affiliated with another, chances are the processor will be the same. Hope this helps some.
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llw1995
Joined: 02 Feb 2008
Posts: 879
Debtcc Points: 10340
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Posted: Sun May 11, 2008 5:05 pm
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I will give them a call. I would assume that if I had one for Ameriloan and United cash loans that they would have the same processor since they are dba's. Is this correct?
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mandywebb372
Joined: 04 May 2008
Posts: 141
Debtcc Points: 1698
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Posted: Sun May 11, 2008 5:17 pm
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I don't know about the d/b/a/ thing but UsFastCash and Ameriloan used the same processor and originator and they both carried the P Street NW address. Just ask Intercept when you call to confirm. Once you talk with them send a copy of your C and D letter to Intercept, via their website, to make sure they know that you have revoked that authorization. Then copy that email over to another email (make sure you copy it before you send and close the complaint) and send it to both United Cash Loans and Ameriloan so they know that Intercept is aware of the revocation.
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llw1995
Joined: 02 Feb 2008
Posts: 879
Debtcc Points: 10340
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Posted: Sun May 11, 2008 5:22 pm
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I have seen you say in a couple of posts that once you contact the processor to contact the pdl. Just curious to the reason why this needs to be done.
Is it to give them a little boost to help you or is it a legal reason?
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mandywebb372
Joined: 04 May 2008
Posts: 141
Debtcc Points: 1698
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Shazzers
Moderator
Joined: 05 Dec 2007
Posts: 2655
Debtcc Points: 19095
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Posted: Sun May 11, 2008 5:32 pm
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The processor doesn't know that they are debiting on a revoked account. Who is going to tell them? Certainly not the PDL. The processor needs documentation that the revocation has been made. Hence, the reason for sending them the C and D letter. By sending a copy of what you have sent to the processor to the PDL. the PDL now knows that the processor is aware of the revocation. To me it was just an extra measure of communication that everyone knows what is being told and to whom. It seemed that it would be more effective if the PDL actually knew that the processor was on to them sending through ACH's when they should not be doing so. It was effective in my case as I got my PIF almost immediately after sending the email, and that was still owing money on my account!
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llw1995
Joined: 02 Feb 2008
Posts: 879
Debtcc Points: 10340
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Posted: Mon May 12, 2008 7:01 am
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Mr. XXXX
I have checked the 3 Payday Lenders that you have listed and we do process for 2 of them.
I can contact them in regards to your concerns, and have them contact you directly. The issues that you are having are between the Lenders and yourself. If you wish for me to contact them please let me know. I will not do anything further per your last email until I hear from you.
Christy XXXX
COO, AAP
Intercept EFT
This is the email i received this morning from intercept...not quite the response i was looking for. It doesn't seem like they are going to help that much...i have called twice and emailed twice...and as far as I have gotten. I might as well just pay the PDLs off and be done with it.
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toledoguy030
Joined: 08 May 2008
Posts: 120
Debtcc Points: 997
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Posted: Mon May 12, 2008 7:52 am
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Shazzers and llw....thanks for the input I just wanted to make sure that I was not legally bounded to say something to the PDL. I would assume they would get scared if you told them you are going to talk to them.
Toledoguy....I guess from reading all the post it take persistance to get the processors to help. Keep trying especially if you have overpaid on your loans. As Christy stated in the email contact her so she can contact the pdl's. LLW got a pif because the processor contacted them so it may work.
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mandywebb372
Joined: 04 May 2008
Posts: 141
Debtcc Points: 1698
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Posted: Mon May 12, 2008 7:57 am
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yeah...but i havent closed my checking account and they have been less than helpful in putting a block on it. i get two direct deposits put into that account and am on complete bill pay. i also get a cheaper interest rate on my car loan since I bank with them. I only owe two more payment to each of the loan companies....i think i will just let them have their money and be done with it....lesson learned...actually, expensive lesson learned.
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toledoguy030
Joined: 08 May 2008
Posts: 120
Debtcc Points: 997
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Posted: Mon May 12, 2008 9:11 am
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Quick update. So the bank credited my account on Saturday. I called them this morning and told them to take off the NSF fees. Everything went ok she said it would take 2 business days. So now I have to wait for that to close the account. As for the PDLs well I got an e-mail on Saturday from Think Cash and I have to call them back to set up payment arrangements. That went smooth. I got my first phone call this morning at 9:00am. Which I did not answer. It was One Click Cash and she said to give her call so that she can help me. She wants me to call her today to resolve this problem before the papers leave her office. So I guess the C&D letter for them not to call me did not work. That's all for now let's see how everything goes later.
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maria_flores07
Joined: 05 May 2008
Posts: 37
Debtcc Points: 570
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Posted: Mon May 12, 2008 1:09 pm
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I got an e-mail from ICollectdebt and it states:
Your account with JD MARKETING GROUP was sent to AIS Services, 888-920-1300Thank you,ICollect
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maria_flores07
Joined: 05 May 2008
Posts: 37
Debtcc Points: 570
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Posted: Mon May 12, 2008 1:33 pm
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Toledoguy, tell Intercept the following;
Per the rules of NACHA a processor is absolutely responsible for their clients' behavior. Should they continue to deny responsibility you intend to pursue recourse through the national System of fines as you believe they are in violation of both the ACH Rules of NACHA and the Electronic Funds Transfer Act.
Additionally, you intend to hold them responsible for damages caused. See referenced below.
ยง 910. Liability of financial institutions
(a) Subject to subsections (b) and (c), a financial institution shall be liable to a consumer for all damages proximately caused by--
(1) the financial institution's failure to make an electronic fund transfer, in accordance with the terms and conditions of an account, in the correct amount or in a timely manner when properly instructed to do so by the consumer, except where--
(A) the consumer's account has insufficient funds;
(B) the funds are subject to legal process or other encumbrance restricting such transfer;
(C) such transfer would exceed an established credit limit;
(D) an electronic terminal has insufficient cash to complete the transaction; or
(E) as otherwise provided in regulations of the Board;
(2) the financial institution's failure to make an electronic fund transfer due to insufficient funds when the financial institution failed to credit, in accordance with the terms and conditions of an account, a deposit of funds to the consumer's account which would have provided sufficient funds to make the transfer, and
(3) the financial institution's failure to stop payment of a preauthorized transfer from a consumer's account when instructed to do so in accordance with the terms and conditions of the account.
(b) A financial institution shall not be liable under subsection (a)(1) or (2) if the financial institution shows by a preponderance of the evidence that its action or failure to act resulted from--
(1) an act of God or other circumstance beyond its control, that it exercised reasonable care to prevent such an occurrence, and that it exercised such diligence as the circumstances required; or
(2) a technical malfunction which was known to the consumer at the time he attempted to initiate an electronic fund transfer or, in the case of preauthorized transfer, at the time such transfer should have occurred.
(c) In the case of a failure described in subsection (a) which was not intentional and which resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error, the financial institution shall be liable for actual damages proved.
(d) EXCEPTION FOR DAMAGED NOTICES.--If the notice required to be posted pursuant to section 904(d)(3)(B)(i) by an automated teller machine operator has been posted by such operator in compliance with such section and the notice is subsequently removed, damaged, or altered by any person other than the operator of the automated teller machine, the operator shall have no liability under this section for failure to comply with section 904(d)(3)(B)(i).
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Posted: Mon May 12, 2008 1:39 pm
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Also, inform her that the issues are no longer between just the PDLs and yourself as the PDL has refused to acknowledge a Revocation of Authorization and has refused to provide a valid address for you to seek recourse. Additionally, you are going to hold them in violation as they have never sent any notice of debits as also required under the Electronic Funds Transfer Act. Should this not resolve the issue, and your account receives an unauthorized debit, you will be filing a claim against Intercept EFT. Also, you will be seeking business licenses to lend money in your state as there is a chance they are funding an unlicensed, hence illegal, loan operation. Should that be the case, again, they will answer to NACHA for a rules violation.
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