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Posted: Wed Mar 26, 2008 4:27 pm
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My parents live in Iowa and have 5 payday loans out. They are both disabled and on oxygen and are unable to make the payments. They are planning on stopping payment on the checks and inquiring about a payment plan from the storefront lenders. My question is, are there any criminal charges that can be pressed against them if they are denied replayment plans?
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faeriechic27
Joined: 26 Mar 2008
Posts: 2
Debtcc Points: 263
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Posted: Wed Mar 26, 2008 4:36 pm
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Here are the laws
| Quote: | Iowa State Information
Legal Status: Legal
Citation:
Iowa Code Ann. ยง 533D.1 et seq.
Loan Terms:
Maximum Loan Amount: $500
Loan Term: Max: 31 days
Maximum Finance Rate and Fees: $15: $0-$100; $10 per $100 thereafter
Finance Charge for 14-day $100 loan: $16.67
APR for 14-day $100 loan: 433%
Debt Limits:
Maximum Number of Outstanding Loans at One Time: Two
Rollovers Permitted: None (cannot repay, refinance or consolidate)
Cooling-off Period:
Repayment Plan:
Collection Limits:
Collection Fees: One $15 NSF fee (exclusive remedy)
Criminal Action: Not Specified
Where to Complain, Get Information:
Regulator: Iowa Division of Banking
Address: 200 East Grand Avenue, Suite 300 Des Moines IA 50309
Phone: (515) 281-4014
Fax: (515) 281-4862
Regulatory Contact: Rodney Reed,, Finance Bureau Chief
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If these are storefront lenders then I would call them and let them know the situation your parents are in. Some of these lenders may be able to set them up in an extended payment plan (EPP) but they have to sign those papers BEFORE their loan is due. If you stop payment on the checks they just may take them to court, because the storefront lenders are licensed in the state.
But with the laws they are only allowed 2 loans at one time, so how they got 5
If at all possible could you list the lenders they have loans with and we can help you from there.
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puddlejmpr
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Posted: Wed Mar 26, 2008 5:05 pm
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Thank you so much for your reply.
The lenders that they have are:
Advance America--1000.00
Check into Cash--894.00
Instant Cash Advance--894.00
Hometown Cash Advance--500.00
Payday Today--500.00
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faeriechic27
Joined: 26 Mar 2008
Posts: 2
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Posted: Thu Mar 27, 2008 5:54 pm
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I know that Advance America does have an EPP available but you have to ask for it. The only thing they do though is take the loan and break it down into 4 payments. But they do stop the interest, so whatever they pay, it will be taken off the loan and not put towards the interest. But if you don't keep up with the EPP they will deposit the check no matter how much they already have paid.
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puddlejmpr
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Posted: Thu Mar 27, 2008 6:01 pm
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Hi, puddle! I'm checking the CFSA site for the other storefronts.
Advance America - member of the CFSA
Check Into Cash - member of the CFSA
Instant Cash Advance - member of the CFSA
I'm not showing Hometown Cash Advance or Payday Today as members, unless they are using a different name (maybe a corporate name).
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cannr
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Posted: Tue Apr 01, 2008 7:09 pm
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Uggh, this mess is just bigger and bigger. My boyfriend is currently in this mess with the same cash advances. Here is what they are doing for him and I know that it will be the same thing for my parents.
Advance America: They are working with him for payments of $65 a month
Payday Today: They are going to do payments but tried to say that it was fraud and that as long as he makes a payment that it should be okay.
Check into Cash: Absolutely will NOT take payments and are sending him to a collection agency
Hometown: Oh do not even get me started on this place. Rude and down right humiliating. Told me that she did not care what he had to do to get the money, that he could cash cans in as far as she cares; told me that he was taking food out of her family's mouth ( and I lost it and said the same thing to her). She also said that one of her coworkers saw my boyfriend at the bank today drawing out 600 dollars out of our account and that there was no reason he could not of paid. First of all he did not draw that amount out. Second the money he drew out was for food, rent and utilites( I asked her if she wanted to see receipts). She is unwilling to do payment arrangements. Wants him to pay 30 dollars for the fees, reborrow the 220 that he gets to pay that loan off!! I don't think so. She had me so upset, I said to her that I would contact the Iowa division of banking to see what they could do and she replied " whatever turns you on". OMG and they let people like this work with the public. I overheard her one time tell a customer that he was dead meat if he did not come in and pay when she said. Help!! What am I gonna do if these places will not take payments!
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stressball
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Posted: Tue Apr 01, 2008 8:26 pm
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ok the reason why she is getting her undies in a bunch is because if she has just so many defaults, she will not get her bonus. If it is at all possible go above her head. I had to work with a lady like this and I called the district manager and told her what was going on. Well we still got turned over to a CA, but that's ok because now I am making small monthly payment to the CA. But also the lady/manager got fired for what she was trying to make me do (which was illegal for me to do) SO I would file a complaint against this lady with your state and then get ahold of another manager and keep going up the ladder till someone will work with you.
Also another thing you may be able to get her on, did your boyfriend give permission for her to talk to you about his account? If not she is nailed. SHe isn't supposed to talk to anyone else but him, seeing as you are not married.
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puddlejmpr
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Posted: Wed Apr 02, 2008 3:16 am
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Ack! I'm sorry you have had to deal with such rude, callous, unfeeling people in this nightmare industry. A couple of notes, though.
Check into Cash - they are a member of the CFSA. They are required to submit to your request of an EPP unless you have already done an EPP with them within the past year. If the store will not honor your request, then call their district manager. Climb as high up the ladder as you need to.
Advance America - I don't know if this is just my store location or if this is common practice in all their storefronts, but when I was drowning in PDLs, I went in and asked them to envoke the EPP; they said they would, but they also had an alternative option for me. They told me to stop payment on the check I had written, and come back to the store after it had been returned to them. I was confused at first, but they explained that in this way, I could pay them on my terms as often as I needed to until they were paid off. I don't know if they did this as only a favor to me, since I have never defaulted before and have been a customer at the same store for 3 years ( Gawd, that's scary to say! ) but that way, I wasn't required to do a rigid schedule of 4 equal payments of what I owed ( I owed $300 ). Now, I stop in every 2 weeks and pay them $25. They have been extremley corteous and have never once called me on the phone, or asked me to remember to pay them, or asked for me to hurry up and pay everything I owed. Yes, I'm stretching it out, but paying only $25 every two weeks as opposed to $75 makes a huge difference when you are trying to recover from PDLs.
Anyway, don't give up, and check all your options! Hang in there!
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Amaranth
Joined: 10 Mar 2008
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Posted: Wed Apr 02, 2008 4:13 am
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amaranth is correct here.
| Quote: | | Check into Cash - they are a member of the CFSA. They are required to submit to your request of an EPP unless you have already done an EPP with them within the past year. If the store will not honor your request, then call their district manager. Climb as high up the ladder as you need to. |
These guys are members. You have every right to walk into that Check Into Cash BEFORE the due date of the loan and invoke the EPP.
This storefront manager is obviously not a good one. Go for the EPP. If she gives you any crap, you need to call their coporate office - who will probably refer you on to the regional manager - who should be able to get this problem straightened out for you. Like puddle, I also had a storefront manager who didn't want to cooperate. I had to call the regional manager. Also, after getting everything straightened out regarding making payments, I put in a complaint to the managers corporate office against him. You can also put in a complaint with the CFSA against this storefront because they are not following the guidelines the members are supposed to follow.
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cannr
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Posted: Wed Apr 02, 2008 11:01 am
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Its me again.. I cannot log into my name for some reason. Anyway, thank you all for your replies. After contacting these places they told me that we do not have any rights. We have never asked for an EPP before and they are saying there is no such thing. I am so frustrated. Ok, I will probably have to contact corporate for these places.. how do I go about doing this? I cannot believe that they are like this. They are acting like we are new customers who have never intended to pay in the first place. We have been with them for over 4 years and have NEVER defaulted on a loan before now. I just do not even want to deal with the thing at Hometown... I am still miffed. Please let me know what I should do now.
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easydeeze
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Posted: Wed Apr 02, 2008 11:05 am
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I just tried to post before, so if it somehow posts again, I am sorry. After talking to them, they informed me that we have NO rights to anything and that there is no such thing as an EPP and that either they get the money in a lump sum or else because they did not give us the money in payments. This is just so frusting, how can they suggest that we are trying to defraud them, when we are trying to make payment arrangements. How insane! I am unsure of what to do now, my parents loans are coming due tommorrow and I am back at square one. Looks like I need to cal the corporate offices, how do I go about doing this?
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paydayloansarenuts
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Posted: Wed Apr 02, 2008 12:16 pm
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I found the corporate office of my storefronts from the BBB website. If you're unable to find them by searching the internet, call the damn storefronts! Tell them you want the telephone number of their corporate office! By God, they should give it to you. This is crazy! These storefronts are supposed to be members of the CFSA, for goodness sakes!
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cannr
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Posted: Wed Apr 02, 2008 6:28 pm
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This is just absolutely nuts. I called each of them and they told me that there is nobody that I can contact that is above them. I know this is a load of bull. I tried looking under the BBB but was unsuccessful. UGGGHHH this is so stressful. I asked them who I should contact and they told me to pay my bill.
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smartcookie222
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Posted: Wed Apr 02, 2008 8:33 pm
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Okay, these guys are ticking me off now! Hang on....
Corporate Office:
Advance America Cash Advance Centers Inc
Advance America Cash Advance
135 N Church St
Spartanburg, SC 29306
(864) 342-5600
CORPORATE OFFICE:
Check Into Cash, Inc.
Phone: (423) 479-2400
Fax: (423) 559-1099
Address: 201 Keith Street, Suite 80
Cleveland, TN 37311
Customer Contact: Mr. Steve Scoggins, President - (423) 479-2400
CORPORATE OFFICE:
Instant Cash Advance
1331 Plainfield Ave NE
Grand Rapids MI 49505
(616) 447-0097
(616) 301-3285 (fax)
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cannr
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Posted: Wed Apr 02, 2008 8:35 pm
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I couldn't find a corporate office for Hometown Cash Advance or Payday Today. However, the above three that I did find are the ones that are supposed to be members of the CFSA and offer the EPP. Please, please call them!! Tell them what is going on. They should be able to help you!
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cannr
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