Help with Payday Loan Resolution- United Cash Loans, One Click & Integrity

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Send message to Danielles19
Sub: #1 Help with Payday Loan Resolution- United Cash Loans, One Click & Integrity
Replied on 08-02-2011, 04:23 PM
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Hello all,

Currently I have three Internet payday loans from the following companies:

1. United Cash Loans - 5/20/2011 - Amount: $400.00 - Paid $360.00

2. One Click Cash - 6/23/2011 - Amount: $450.00 - Paid $135.00

3. Integrity Loans - 5/17/2011 - Amount: $600.00 - Paid $830.00

Monday I called my bank to have them block the ACH debits. They put a stop payment on the companies. They also provided the company IDs,

United ID: 91B0289179
Integrity ID: M471768685
One Click Cash ID: 1202446965

I have been reading through a lot of the posts here. I live in Indiana and from what I have read it seems all of these lenders are unlicensed/illegal. I have read through the post titled Dealing with Unlicensed Payday Lenders. Some of the information got muddled but I want to confirm that the first step I do is send a email stating I will only pay the original principle balance.

Also if I have had multiple payday loans with one company, is it advisable to ask for a refund on previously paid loans? For instance I took a loan out with Integrity in November 2010 for $300 and it rolled over until May 2011. During that time I paid over $1000 in fees after deducting the principle. Should I request these monies back or leave good enough alone?

Thanks for the help.




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Send message to good.nelly
Sub: #2
Replied on 08-02-2011, 10:12 PM
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Yes, you have the right to get back the extra money you have paid on the previous loans. You should send them a letter requesting the money back.


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Send message to sally.nachelle
Sub: #3
Replied on 08-03-2011, 12:18 AM
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I agree with what the previous poster has said. You can get information from the Indiana Department of Financial Institutions in order to know whether or not pdl companies are licensed to operate in your state. If you find that the lenders are not licensed, then you are required to pay only the principal amount. If you have already paid more than the principal amount to the lenders, then you can ask them for the refund. Illegal payday lenders can’t take any legal action against you.




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Send message to paulmergel
Sub: #4 here you go
Replied on 08-03-2011, 04:14 AM
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since all three are illegal in indiana here is what you owe.

united you owe 40.00
one click you owe 315.00
integrity owes you 230.00 just on this loan

as far as trying to get refunded for the past loan.you can try,but all three will fight you not only on their legal status,but also the amount you owe.btw as far as the account goes.i would see the manager asap and make sure this is a debit block,and not a traditional stop payment as those never work with these places as they change amounts,names,and will even submit a paper check.plus the bank charges a hefty fee for a stop payment.i would again see the manager in person and clarify this as stop payments not only don't work,but you are charged a fee for it.

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Send message to Danielles19
Sub: #5 United Cash Loans, One Click & Integrity
Replied on 08-03-2011, 05:18 AM
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Thank you all for the responses.

I have fired off my emails today. One to Integrity asking for a refund. The other two, One Click and United, letting them know I will only pay the remaining balance on the original amount.

I will also be calling my bank today because the stops were ACH stops only.

I will keep everyone posted on my happenings.




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Send message to paulmergel
Sub: #6 question
Replied on 08-03-2011, 05:50 AM
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when you are on the phone with your bank.is it the manager you are speaking with?i ask that because only the manager can hard block/close an account.whether it's in person(that is preferred)or on the phone you must speak to the manager.very important.make sure this is an actual block.

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Send message to Danielles19
Sub: #7
Replied on 08-03-2011, 08:16 AM
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I spoke with my bank and they were willing to reverse the ODP fees cause by the ACH debits from the companies and offered to do a "Compromised" account change. Basically they will keep my account but the account number will change. Which is great because I did not want to have to close my account out after 9 years!

I tried to find the mailing addresses for the companies but it seems the addresses keep changing. Does anyone have current, confirmed addresses for them?

One Click and United I am assuming are one in the same. The United website states:
Tribal Financial Services, doing business as UnitedCashLoans®, is a tribal lending entity wholly owned by the Miami Tribe of Oklahoma,
a Sovereign Nation recognized by the United States government under the Oklahoma Indian Welfare Act of 1936.


One Click site states:
OneClickCash® is a division of SFS, Inc. The Santee Sioux Nation of Nebraska has established SFS, Inc. as a tribally owned lending entity. The Santee Sioux Nation of Nebraska is a federally recognized Indian Tribe, organized pursuant to the Indian Reorganization Act of 1934, 25 U.S.C. § 461 et seq. whose reservation is located within the United States of America.

I need to locate them to pay the money and get this done with finally! Thanks for all the help!




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Send message to paulmergel
Sub: #8 here is the skinny
Replied on 08-03-2011, 08:48 AM
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both are part of MTE,and affiliated.however they will never admit it and therefore keep insisting on an actual address from both,and know that the "we are a sovreign nation"line means they are illegal and basically the equal of a foreing loan.let them know you are not swayed by this fact and you will pay the remaing moneies to satisfy the principle only if provided an address to send it.

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Sub: #9
Replied on 08-03-2011, 09:17 AM
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Paul, just want to make a clarification. A Relationship Manager (the people who actually have desks at the bank) should be able to help people with closing accounts, changing account numbers, filing fraud disputes, etc. Some just aren't trained very well. Tellers can't help you.

There's no need to bother the branch manager unless you run into an RM who doesn't know what they're doing

And, it's always better to go to you bank branch and sit down with someone so you can discuss the issue in person.

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Send message to Danielles19
Sub: #10 Update
Replied on 08-11-2011, 06:46 AM
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So I finally received a response from one of the company's, Integrity, whom actually owes me money. A fellow named Justin wrote:

Quote:
You are correct in regards to your state payday loans. However, this is not a payday loan that was agreed upon in your state. You signed that contract via the World Wide Web and agreed to the terms and conditions and the laws of the Nevis, West Indies not the state of Indiana. You had no problem borrowing the money but when it comes down to you paying a company back the money that you borrowed from them and the fees associated with said money borrowed. This was your second loan with my company. You were aware of the terms and conditions let alone your state laws. Your current balance is $658.50. We can set you up on 5 biweekly payments of $131.70 with a debit/credit card.
To which I replied:

Quote:
Justin,

The state of Indiana requires Internet payday lenders to be licensed in MY state. I have already researched this information and your company does NOT have a license to lend in the state of Indiana. If I am mistaken I will need proof in the form of a license number so that I may verify it with my Attorney General. I am bound by the state laws where I reside. As I have no presence in your state therefore I have no legal obligation to the 'governing laws' you may have detailed.

As it stands I have paid funds to your company totaling $830.00 on the following schedule:


May 27, 2011- $180.00

June 10, 2011- $455.00

June 24, 2011- $97.50

July 8, 2011- $97.50

Again, I am requesting a full refund of $230.00 for excess funds to be delivered to the address you have on file for me.

As per the Consumer Credit Division of Indiana,

All Financial Institutions operating within the state of Indiana will be advised that electronic payment and / or paper/check transactions connected with these illegal loans should be rejected if an entity is unlicensed. Consumers will also be advised on the procedure to stop electronic debits to their accounts using return codes.

Effective July 1, 2007, IC 24-4.5-1-201 requires internet lenders to be licensed, and to comply with Indiana law, when making loans to Indiana residents. Additionally, IC 24-4.5-1-201 reads a creditor that has violated the provisions of this article that apply to the authority to make consumer loans (IC 24-4.5-3-502), the loan is void and the debtor is not obligated to pay either the principal or loan finance charge, as set forth in IC 24-4.5-5-202.


It was discovered that your company as well as the loans were not legal. You are correct that this is my second loan from your company and therefore I am within my legal rights to demand any over-payment on the first loan as well. As I have recently discovered that your company is not law abiding, henceforth I will not be employing your services again. The fact is your company operated illegally and repeatedly attempted to extort money from my account after I have provided a Revocation of ACH debits. Again I am requesting a full refund for the over payment, $230.00, and a document stating that this balance has been paid in full and settled.

At this time, I have filed a complaint with the BBB and if I do not receive a refund of the excess amount and a document stating my account is paid in full, then I will be filing complaints with my Attorney General and the Federal Trade Commission.
To which he replied:

Quote:
You do not have to reside in the Nevis West Indies. You signed a contract that is governed by the Nevis West Indies. Therefore your state and federal laws do not apply to this loan. I respect that you researched your state payday loan laws and copy and pasted them into the email but again your state laws do not apply to us. You can do what you have but we will do what we have to as well. I will send you in a separate email a copy of your ORIGINAL contract and highlight 3 main points in the contract. Again this was your 2nd loan with my company and now that your account is in collections and you did not read your contract to its entirety you are wanting to try and make this loan sound illegal when its not.

Any pointers on how to proceed? Thanks!

Sub: #11
Replied on 08-12-2011, 04:22 AM
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Continue to send them your revocation letter. They will continue to reply with nonsense. They will eventually call your job and fax some kind of payoff aggreement don't fall for any of it it is a scare tactic. I believe Integrity Advance and Nationwide Cash are companies operating out of the same office. I received the same emails from a rep at Nationwide. I actually told him to Kick Rocks he had me so mad. You have to stand your ground!! Paul already pointed out what you owe them so I would keep sending the letter and ask for an address to remit payment. I would send what I can and keep copies of it and once you sent the last payment be done with them.
Good Luck

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Send message to ugglywump
Sub: #12
Replied on 08-12-2011, 06:20 AM
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Keep sending those letters and don't let their bogus semi-legal jargon scare you. If they were truly legal entities they wouldn't need to hide on the Indian tribal lands, or threaten you with the laws of the West Indies!

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Send message to Danielles19
Sub: #13 More update
Replied on 08-12-2011, 12:13 PM
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And the email chain continues with Integrity Rep Justin...

My Response:

Quote:
Is your company licensed to make loans in the state of Indiana? In any state in the United States? If so, please forward me the license number or application ID. Thank you.

Justin (Integrity):


Quote:
Again we do not have to be licensed in the states to do business via the World Wide Web. When you order stuff offline you don’t pay a sales tax.

Me:


Quote:
You are wrong. Internet payday lenders are required to be licensed in the states in which they transact loans with residents as each state has specific laws that regulate payday loan company to protect consumers from fraud and extortion. Purchases made through the Internet in the US are required to pay sales taxes on items as specified by both state and federal laws.





I am not a citizen of Nevis therefore I am not governed by your laws. I reside in the state of Indiana, US and am bound by the laws of my state. As such your company is knowingly operating illegally in this state. If you were previously not aware, you are now.





I have significantly overpaid the principle "loan" of $600 and I am demanding a refund of the overpaid amount as well as a document stating this loan has been paid in full.





Please be aware I have forwarded all of our correspondences thus far to the US Federal Trade Commission and have drafted a formal complaint regarding your company and its business operations in the state of Indiana.
Justin (Integrity):

Quote:
The FTC will advise you that we are a legal company and that you will owe us the money. Why the sudden interest in looking into your payday loan laws when you’ve had 2 loans with my company? Both of them taking the same amount of time to pay off. I can send you a copy of your payment history and again a copy of the contract that states that finance fees do not apply towards your principle balance. You were in a bind and we helped you out not once but twice and now that you owe us money you do not want to pay what you owe us.
Me:

Quote:
Please forward me a copy of my complete ledger for both loan periods. Thank you
(He does forward my ledger. I add up all the fees I have ever overpaid)

Me:



Quote:
Thank you for the requested information.



From this it seems the total amount in fees over the principle of both loans total $767.00 and therefore I am entitled to a full refund of the monies as outlined in IC 24-4.5-5-202.



My state's Department of Financial Institution has already advised the loan contract is null and void as Integrity is not licensed in Indiana.



The principle balance of $600.00 has been paid full. My refund can be forwarded to the address you have on file for me as well as a document stating this account is paid in full.
Justin ( Integrity):

Quote:
You are not going to be issued a refund. You still owe my company money. The finance fees DO NOT apply towards the principle balance.

So should I even continue to communicate with them? The debits have been hard blocked and this guy won't give up? I had to stop emailing him because soon I would have become irate through emails and I did not want to do that. The principle has been paid plus some extra. Suggestions?

Thanks all!












Sub: #14
Replied on 08-15-2011, 07:34 AM
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That is a bunch of crap you are in a state where pdl's are prohibited and you are only liable to pay the principal! I would keep sending my revocation letters file complaints send letters requesting a refund of extra monies because fees don't apply to a loan that is illegal in the first place. They are blowing smoke and its a bunch of crap. As long as your bank account is closed and your money is secured I wouldn't continue to play the back and forth with him. He is full of it and it will prove to become stressful for you so don't allow it to stress you KIM which means in short Keep It Moving!

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Sub: #15
Replied on 08-15-2011, 09:47 AM
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I would just reply that you're not going to argue with him about it anymore. Reiterate that you have filed your complaints and you expect a refund of the full overpayment (current and previous loans).

If he continues to harass you, just put together a "generic" email that explains your state's laws, the amounts you've paid and the overpayment amount and request your refund. Remind him that you've closed your account, revoked ACH authorization and that you've taken measures to prevent wage assignment from going through. Remind them also that they won't be getting another penny from you and that you will patiently await your refund. You can probably use your original illegal lender letter.

Anything he sends you that doesn't offer your refund, just reply with your standard letter. If he calls, hang up. Tell the people at work any your family members and/or references that you're a victim of fraud and that they should also hang up on anyone who calls asking for you.

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Send message to Danielles19
Sub: #16
Replied on 08-17-2011, 09:49 AM
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Hi all,

So I finally just stop communication all together with him since I was getting nowhere. I am okay to leave it at that. Although they still call, I do not answer. I guess only time will tell how this unfolds..... (to be continued)


Thanks for all the advice and help everyone!




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