| Message |
Author |
Posted: Tue Jan 30, 2007 7:35 am Subject: Demanding written documentation |
|
|
If payday loan companies are legit in the US, can you demand written documentation on your debt? If they dont comply can you refuse to pay and still not be in any trouble like- wage garnishment?
Trying to grow some backbone
|
|
Tweety71


Joined: 04 May 2006
Posts: 2059
Debtcc Points: 22634
|
|
|
Posted: Tue Jan 30, 2007 10:43 am Subject: |
|
|
Yes you may, send them each a *validation letter* from the DYI section Send them ceritifed, registered US Mail so you have proof you sent them.
|
|
texasconsumeractivist
Debt Samaritan

Joined: 23 Jan 2007
Posts: 680
Debtcc Points: 553
|
|
|
Posted: Tue Jan 30, 2007 10:44 am Subject: |
|
|
Internet Payday Loans allow you to "e-sign" your documents, and I am sure they record the "IP Address" to prove where the docs were e-signed. E-signatures are accepted by many now, even the IRS. From what I have read here, the wage garnishment letter is also e-signed.
|
|
scotch
Debt Samaritan

Joined: 21 Sep 2006
Posts: 171
Debtcc Points: 3332
|
|
|
Posted: Tue Jan 30, 2007 11:04 am Subject: |
|
|
So, What are the chances of them doing a wage garnishment? Does it need to be court ordered? I have not be threatened I just want to make sure IF I am
|
|
Tweety71


Joined: 04 May 2006
Posts: 2059
Debtcc Points: 22634
|
|
|
Posted: Tue Jan 30, 2007 11:15 am Subject: |
|
|
If the pdls are local, and not internet, they tend to take action. Try to work something out with them. If they are internet loans, chances are they are not operating legally, check out your states AG website and see. You need only pay back what you borrowed, and the states approproiate interest.. Good Luck..KAren
_________________ As long as you are alive, there's always hope
|
|
Bossy4455
Moderator

Joined: 27 Feb 2006
Posts: 5465
Debtcc Points: 64243
|
|
|
Posted: Tue Jan 30, 2007 8:33 pm Subject: |
|
|
In some states wage assignments are illegal. For them to garnish you they must have a court order. I think you are refering to wage assignments, which are voluntary and revokable at any time. Sinply send them a certified letter saying you revoke any and all wage assignments you signed and keep a copy. Sending it certified gives you proof it was recieved.
Some of the companies will email you a copy of the contract . . . . I would just call the customer service number and tell them you misplaced yours and needed it for your records. if you demand it and let them know you are onto them breaking laws, they are going to be less likely to comply with sending you a copy of the contract.
I think the validation letter and such is for third party collectors . . . . Since this is the original creditor they don't have to comply with the FDCRA (I think I got that right).
|
|
goudah2424
Moderator


Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111639
|
|
|
Posted: Wed Jan 31, 2007 6:06 am Subject: |
|
|
Thank you for your help
|
|
Tweety71


Joined: 04 May 2006
Posts: 2059
Debtcc Points: 22634
|
|
|
Posted: Wed Jan 31, 2007 6:49 am Subject: |
|
|
I just wanted to say I went home last night. Had a nice glass of wine and just realized that I will NOT let those @ssholes control my life. I have every intention of paying back these payday loans. I just cant do it now do to money issues. If I had my child support back then I would be able to pay them all off and be done with it. Like everyone else I just dont want to be threatened by them. I am more at ease with Bass and Assoc- Today I'm going to be doing some research to see if Bahama Marketing is licensed? Especially in Indiana. Any input would be great!
|
|
Tweety71


Joined: 04 May 2006
Posts: 2059
Debtcc Points: 22634
|
|
|
Posted: Wed Jan 31, 2007 7:59 am Subject: |
|
|
Unless they are licensed under another name, I didn't see them. You are only obligated to pay them back what you legally owe on the loans.
| Quote: | Indiana State Information
Legal Status: Legal
Citation:
Ind. Code Ann. ยง 24-4.5-7-101 et seq.
Loan Terms:
Maximum Loan Amount: $500 (not to exceed 15% of borrower's monthly gross income)
Loan Term: Min: 14 days
Maximum Finance Rate and Fees: 15%: $0-$250; 13%: $251-$400; 10%: $401-$500
Finance Charge for 14-day $100 loan: $15
apr for 14-day $100 loan: 390%
Debt Limits:
Maximum Number of Outstanding Loans at One Time: One per lender; Two total
Rollovers Permitted: None (cannot renew, repay, refinance or consolidate)
Cooling-off Period: 7 days after 6 consecutive loans
Repayment Plan: After 6 consecutive loans, lender must impose a 7 day cooling off period or convert to an installment loan payable in more than 4 installments at a rate no greater than 36% APR
Collection Limits:
Collection Fees: One $20 NSF fee; additional charges may apply when check or authorization to debit was used to defraud another
Criminal Action: Prohibited
Where to Complain, Get Information:
Regulator: Indiana Department of Financial Institutions
Address: 30 South Meri dian Street, Suite 300 Indianapolis, IN 46204
Phone: (800) 382-4880
Fax:
Regulatory Contact: Mark Tarpey,, Supervisor, Consumer Credit
http://www.in.gov/dfi/ |
You state has very specific interest rates they can charge, and you aren't allowed to roll over these types of loans, which you may already know. In most states collection agency's have to be registered to collect there too, and I'd bet that bass & assoc isn't registered either . . . .
|
|
goudah2424
Moderator


Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111639
|
|
|
Posted: Wed Jan 31, 2007 2:43 pm Subject: |
|
|
awright...awright, goudah topped me there...
*chuckle*
|
|
texasconsumeractivist
Debt Samaritan

Joined: 23 Jan 2007
Posts: 680
Debtcc Points: 553
|
|
|
Posted: Wed Jan 31, 2007 2:47 pm Subject: |
|
|
Sorry . . . .
|
|
goudah2424
Moderator


Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111639
|
|
|
Posted: Wed Jan 31, 2007 3:36 pm Subject: |
|
|
done fine! been chasing some numbers down, bad guys & multi-tasking in general, lol!
Thanks!
|
|
texasconsumeractivist
Debt Samaritan

Joined: 23 Jan 2007
Posts: 680
Debtcc Points: 553
|
|
|