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 Posted: Thu Nov 08, 2007 2:58 pm |
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Jena. I'm from SC, and I was going through the exact same thing with my ipdls. First, you need to either put your account on deposit only status, or you need to close it. These people will continue to hit your account as long as they have access to it. I know that you are in checksystems, but you can probably still find a bank that will let you have an account. Do a search on this site to see if anyone has had to do the same. Also, you need to make arrangements to clear this up with your bank. Talk to the manager, and if you can't get satisfaction there, then go even higher up. I can tell you for a fact that there is nothing that these ipdls can do to you other than harrass you by phone. They aren't licensed in this state at all. Also, send a complaint to the South Carolina Dept. of Consumer affairs. Here is the link that you will need to file your complaint.
http://www.scconsumer.gov/
Also, I'm sorry that they are harrassing you at work! Start emailing them often. Keep letting them know that you only owe them the principal amount that you borrowed and keep sending them the state law, over and over and over. One member here did that that they actually told the member to stop emailing them!!!
It's hilarious...imagine them getting tired of us! Serves them right because they are not even lending money legally. Hang in there...it's a bumpy ride at first, but it gets better. You will probably be able to clear this up more quickly than you think. PM me anytime.
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eleroo
Joined: 06 Jun 2007
Posts: 1227
Debtcc Points: 14309
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| Posted: Thu Nov 08, 2007 3:06 pm |
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Also, I just wanted to let you know that according to our state's law, you are only to be charged $15 per $100 borrowed, and no rollovers are allowed. According to my calculations you owe the following amounts:
Geneva Roth: 140
SSM: 50
Sagamore: 110
BIG LTD: 75
Tremont: 162.50
Cashnet: 267.50
This is the amount that you owe them legally and according to our law. Send them a cease and desist letter, also, requesting that they communicate with you only by usps or email. All communication should be conducted in writing so that you can keep proper documentation. They have been known to respond to you one way and the SCDCA another way. This way you have proof. Also, make sure you send everything certified return receipt mail so that you have proof that they receive your correspondence. If they attempt verbal contact, simply state that you have requested in writing that all communication be written, and hang up. You might have to do it a few times before they actually get the message that you are serious and are not going to let them cross that boundary.
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eleroo
Joined: 06 Jun 2007
Posts: 1227
Debtcc Points: 14309
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| Posted: Thu Nov 08, 2007 3:19 pm |
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i have just went into default this friday with fastwire cash ipdl and now a collection company call access financial, llc is emailing me sayin i need to pay in full or legal action will b taken
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latoya_992003
Joined: 05 Nov 2007
Posts: 34
Debtcc Points: 690
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| Posted: Thu Nov 08, 2007 6:09 pm |
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thanks guys...sorry I disappeared for a minute...I was busy getting fired. Someone PM'd me letter I can format to my situation and send to them, so that happens tomorrow and I'm calling the bank in the morning. after that off to file complaints with the dept of consumer affairs someone left above. this couldn't come at a worse time. I just left my abusive boyfriend and told my job what was going on and tok some time off to move and get situated with my son who as been sick all this time they've been calling my job. my job said due to all my issues they don't feel me working there is a good "work/life" balance so I'm trying to keep it together and deal with this. thanks for all your help. I'll be back soon with more questions.
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jenaranoel
Joined: 08 Nov 2007
Posts: 10
Debtcc Points: 244
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| Posted: Thu Nov 08, 2007 6:12 pm |
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jena...hang in there. Sounds like you are going through a very rough time right now....believe me been there , done that. I always think to myself when I'm at the bottom there is no where to go but up!!!
_________________
If you think you can, you can...if you think you can't, your probably right...
http://lifewithyourcredit.yesdebtfree.org/
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Morningstarr430
Debt Samaritan
Joined: 13 Jun 2007
Posts: 2337
Debtcc Points: 39294
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| Posted: Thu Nov 08, 2007 6:19 pm |
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to answer the question about cashnet...the website was payday-loan-yes.com if that helps.
I also just got this in my email from a company called Capital Collections for another internet lender called Cash Advance Now:
| Quote: | Case number: 29313
This is to notify you that our client has authorized us to move your account forward and start with the legal prosecution for this account. After six months of trying to solve this matter it has been impossible. Please note that our client will charge the following fees:
Check Amount $275.00
Damages $825.00 (three times the amount of the check)
Extensions $1,000.00
Plus Attorney’s fees.
Please note that court cost and Attorney’s Fees will be added. Also note that according to SC Code you are liable for criminal prosecution and this office will execute all available legal remedies in order to resolve this matter including the complaint for warrant for your arrest (see files attached, copy of the check, copy of your ID and the Complaint for Warrant). The information will be turned over to the corresponding authorities by next week. You have time until November 16th in order to pay this IN FULL as an OUT OF COURT SETTLEMENT FOR $300.00 as follow:
Checking or savings account
Or
We do accept payments with Western Union Quick Collect (white and blue form)
Payable to: Capital Collections LLC
Code City: ECHECK
State: MS
Account Number: 29313
Settlement Amount: my name is here
Western Union Quick Collect by phone (with your credit card) 1-800-634-3422.
Western Union Quick online (with your credit card) click HERE. (Select Capital Collections LLC from “other billers” industry drop down menu
Please see attached files including the complaint for warrant and as well as copy of the promissory note you signed, the check and a copy of your ID; such documents will be turned over to the corresponding authorities of SC
Danielle Anderson
Capital Collections
Legal Department
(888)-579-8904 ext 105
______________________________________________________________________
P.O Box 3477 Gulfport, MS 39505
Phone: (888)579-8904 Ext.: 112 / Fax: 866-947-2565 Email: johnmiller@capcollections.com
Confidentiality Notice: This message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message
I have enclosed a copy of the digital file Criminal Complaint for warrant (draft)
IN THE MAGISTRATE COURT OF
N. Charleston
CITY, SC
STATE OF SC
V.
Name Removed
Case Number:
072051
Defendant
my address here
my phone number here
my ssn here
Telephone
Social Security Number
Driver’s License Number
Date of Birth
_________________________________________________________
CRIMINAL COMPLAINT: WORTHLESS CHECK
____________________________________________
¡, the undersigned complainant, upon my oath or affirmation, state the following to be true and correct to the best of my
Knowledge and belief. On
8/23/2006
in
N. Charleston
(date)
City, SC, the defendant did issue and deliver to
Cash Advance Now
a check (described below) for the payment of money when the defendant did not have sufficient funds on deposit in or credit with
this bank with which to pay the check upon presentation, in violation of SC Law § 5.1719
The above referenced check, which is enclosed with this complaint, contains the following information:
Date:
8/23/2006
Check Number:
Check #1009
Bank Name
Usaa
Pay to the order of:
Cash Advance Now
$275.00
$275.00 **
Dollars
For:
PayDay Loan
I further state that:
1. Notice of the dishonored check (check one) has not has been sent by certified mail to the defendant (If notice
was sent by the complainant, proof of mailing must accompany this complaint. Such proof is either the certified mail
return receipt or the actual mailed notice showing that the notice was returned undelivered or returned refused.)
2. When accepted, the aforesaid check was not post-dated and I was not expressly notified nor did I have any other reason to
believe that the check would be dishonored
3. I request that a warrant issue for the arrest of the defendant.
Supplemental information regarding the identity of the above-named defendant and /or a service charge levied for the
dishonored check (check one) is is not attached. This information is given under oath or affirmation and is incorporated
herein by reference.
John Miller, Capital Collections
P.O. Box 3477, Gulfport, MS 39505
Complainant’s Name
Complainant’s Address
(888)579-8904
Complaint’s Telephone
Complainant’s Signature
Subscribed, sworn or affirmed before me and signed in my presence, this 06th day of November 2007
SC Law § 5.1719
Return
SCA-M333-1/5-98
Defendant
File
Complainant
Prosecutor
Worthless Check Complaint Case No.(s) 0720501
A. The following supplemental information regarding the defendant in the above-referenced case (s) is offered pursuant to SC Law
§ 5.1719 |
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jenaranoel
Joined: 08 Nov 2007
Posts: 10
Debtcc Points: 244
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| Posted: Fri Nov 09, 2007 7:17 am |
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Hi Jena. I am so sorry for what you are going through. The email threatening to have you arrested is a load of crap. You CANNOT be arrested for defaulting on a pdl. Yes, you can be taken to court, but it is a civil matter, not a criminal matter. Also, since they are probably not even licensed to lend money in this state then they are really not likely to take you to court. They wouldn't risk having a judge get involved.
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eleroo
Joined: 06 Jun 2007
Posts: 1227
Debtcc Points: 14309
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| Posted: Fri Nov 09, 2007 7:51 am |
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Question - Is this a storefront?
Also, did you send them a check? Was it postdated?
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
Moderator
Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111615
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| Posted: Fri Nov 09, 2007 7:52 am |
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First off, criminal action for bouncing a payday loan is prohibited. They can't have you arrested, because according to the laws of SC, it's not a worthless check.
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
Moderator
Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111615
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| Posted: Fri Nov 09, 2007 7:55 am |
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Also, here's some laws:
| Quote: | SECTION 37-5-107. Extortionate extensions of credit.
(1) If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person, the repayment of the extension of credit is unenforceable through civil judicial processes against the debtor.
(2) If it is shown that the creditor then had a reputation for the use or threat of use of violence or other criminal means to cause harm to the person, reputation, or property of any person to collect extensions of credit or to punish the nonrepayment thereof, there is prima facie evidence that the extension of credit was unenforceable under subsection (1). |
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
Moderator
Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111615
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| Posted: Fri Nov 09, 2007 7:57 am |
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| Quote: | (5) In applying subsection (2), consideration shall be given to each of the following factors, among others, as applicable:
(a) using or threatening to use force, violence, or criminal prosecution against the consumer or members of his family, including harm to the physical person, reputation, or property of any person; |
This one is saying that if you can prove that the creditor has threatened criminal prosectution, the whole case can be thrown out.
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
Moderator
Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111615
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| Posted: Fri Nov 09, 2007 7:58 am |
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Also, they broke the law by:
| Quote: | | (iv) communicate with anyone other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the attorney of the creditor or debt collector, unless the consumer or a court of competent jurisdiction has given prior direct permission; |
I don't think your boss or HR dept was your attorney, so that is a definate law they broke.
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
Moderator
Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111615
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| Posted: Fri Nov 09, 2007 7:59 am |
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| Quote: | | (iv) any claim or implication that nonpayment of any debt will result in arrest, imprisonment, garnishment, seizure, or attachment unless the remedy is legally permitted to the creditor and the claim or implication is not used for the purpose of harassment or abuse of process; |
Another thing they cannot do when collecting a debt.
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
Moderator
Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111615
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| Posted: Fri Nov 09, 2007 8:00 am |
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| Quote: | | d) causing or threatening to cause injury to the consumer's reputation or economic status by disclosing information affecting the consumer's reputation for creditworthiness with knowledge or reason to know that the information is false; communicating with the consumer's employer before obtaining a final judgment against the consumer, except as permitted by statute or to verify the consumer's employment; disclosing to a person, with knowledge or reason to know that the person does not have a legitimate business need for the information, or in any way prohibited by statute, information affecting the consumer's credit or other reputation; or disclosing information concerning the existence of a debt known to be disputed by the consumer without disclosing that fact; |
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
Moderator
Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111615
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| Posted: Fri Nov 09, 2007 8:01 am |
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I looked up Capital Colletions in the fourm search and there are several threads. They all say this company threates arrest and criminal action. This is the first time I have seen or heard of a company going this far. Is this an unusual situation?
_________________
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: 4093
Debtcc Points: 11661
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| Posted: Fri Nov 09, 2007 8:02 am |
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| Quote: | PART 3. CRIMINAL PENALTIES
SECTION 37-5-301. Willful violations.
(1) A lender who willfully makes charges in excess of those permitted by applicable law is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine not exceeding five thousand dollars, or to imprisonment not exceeding one year, or both.
(2) A person, other than a supervised financial organization, who willfully engages in the business of making loans without a license, where a license is required, is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine not exceeding five thousand dollars, or imprisonment not exceeding one year, or both.
(3) A person who willfully engages in the business of making consumer credit sales, consumer leases, or consumer loans, or of taking assignments of rights against debtors arising therefrom and undertakes direct collection of payments or enforcement of these rights, without complying with the provisions of this title concerning notification (Section 37-6-202) or payment of fees (Section 37-6-203), is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine not exceeding one hundred dollars. |
Is Cash Advance Now a storefront or an internet based company?
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
Moderator
Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111615
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