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 Posted: Fri Nov 09, 2007 8:04 am |
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She posted this at the top of her entry:
| Quote: | | I also just got this in my email from a company called Capital Collections for another internet lender called Cash Advance Now: |
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In life it doesn't matter
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RoxyNY
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| Posted: Fri Nov 09, 2007 8:04 am |
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Also, since Tremont is known for doing this, here is the SC law against wage assignments, even though it wouldn't apply in your case right now.
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SECTION 37-3-403. No assignment of earnings.
(1) A lender may not take an assignment of earnings of the debtor for payment or as security for payment of a debt arising out of a consumer loan. An assignment of earnings in violation of this section is unenforceable by the assignee of the earnings and revocable by the debtor. This section does not prohibit an employee from authorizing deductions from his earnings if the authorization is revocable.
(2) A sale of unpaid earnings made in consideration of the payment of money to or for the account of the seller of the earnings is deemed to be a loan to him secured by an assignment of earnings. |
_________________
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
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| Posted: Fri Nov 09, 2007 8:08 am |
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Also,
| Quote: | SECTION 34-39-180. Restrictions and requirements for deferred presentment or deposit of check.
(A) A licensee may defer the presentment or deposit of a check for up to thirty-one days pursuant to the provisions of this section.
(B) The face amount of a check taken for deferred presentment or deposit may not exceed three hundred dollars, exclusive of the fees allowed in Section 34-39-180(E).
(C) Each check must be documented by a written agreement signed by both the customer and the licensee. The written agreement must contain the name or trade name of the licensee, the transaction date, the amount of the check, and a statement of the total amount of fees charged, expressed both as a dollar amount and as an effective annual percentage rate (apr). The written agreement must authorize expressly the licensee to defer presentment or deposit of the check until a specific date, not later than thirty-one days from the date the check is accepted by the licensee.
(D) The board shall require each licensee to issue a standardized consumer notification and disclosure form in compliance with state and federal truth-in-lending laws before entering into a deferred presentment agreement.
(E) A licensee shall not charge, directly or indirectly, a fee or other consideration in excess of fifteen percent of the face amount of the check for accepting a check for deferred presentment or deposit. The fee or other consideration authorized by this subsection may be imposed only once for each written agreement. Records must be kept by each licensee with sufficient detail to ensure that the fee or other consideration authorized by this subsection may be imposed only once for each written agreement.
(F) A check accepted for deferred presentment or deposit pursuant to this chapter may not be repaid from the proceeds of another check accepted for deferred presentment or deposit by the same licensee or an affiliate of the licensee. A licensee shall not renew or otherwise extend presentment of a check or withhold the check from deposit, for old or new consideration, for a period beyond the time set forth in the written agreement with the customer.
(G) If a check is returned to the licensee from a payer financial institution due to insufficient funds, closed account, or stop payment order, the licensee may pursue all legally available civil means to collect the check including, but not limited to, the imposition of a returned check charge as provided in Section 34-11-70(a), except that the service charge imposed by the licensee shall not exceed the lesser of ten dollars or the fee imposed by the financial institution on the licensee for the returned check. An individual who issues a personal check to a licensee under a deferred presentment agreement is not subject to criminal penalty. |
_________________
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
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| Posted: Fri Nov 09, 2007 8:09 am |
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| Quote: | SECTION 34-39-200. Limitations on activities by persons required to be licensed by chapter.
A person required to be licensed pursuant to this chapter may not:
(1) charge fees in excess of those authorized by this chapter;
(2) engage in the business of:
(i) making loans of money or extension of credit;
(ii) discounting notes, bills of exchange, items, or other evidences of debt; or
(iii) accepting deposits or bailments of money or items, except as expressly provided by Section 34-39-180;
(3) use or cause to be published or disseminated advertising communication which contains false, misleading, or deceptive statements or representations;
(4) conduct business at premises or locations other than locations licensed by the board;
(5) engage in unfair, deceptive, or fraudulent practices, including unconscionable conduct in violation of Section 37-5-108;
(6) alter or delete the date on a check accepted by the licensee;
(7) accept an undated check or a check dated on a date other than the date on which the licensee accepts the check;
(8) require a customer to provide security for the transaction or require the customer to provide a guaranty from another person;
(9) engage in the retail sale of goods or services, other than deferred presentment services and Level I check-cashing services as defined in Section 34-41-10, at the location licensed pursuant to this chapter, provided, however, that a sale of money orders, postage stamps, payment of utility bills with no additional fee to the customer, vending machines for food or beverage, facsimile services, Western Union services, or postal boxes at rates not higher than allowed by the United States Postal Service is not the sale of goods or services prohibited by this subsection;
(10) be licensed pursuant to Section 12-21-2720(a)(3) to operate a video po ker machine; or
(11) permit others to engage in an activity prohibited by this section at a location licensed pursuant to this chapter. |
Section 37 are some of the laws I'd psoted above, things that they cannot do.
_________________
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
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Posts: 8007
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| Posted: Fri Nov 09, 2007 8:21 am |
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This is just a scare tactic. They cannot have you arrested for a bad check. It's actually against the law for them to threaten.
Since you have paperwork from them threatening this, you need to call your state Regulator:
South Carolina State Board of Financial Institutions
Address: Consumer Finance Division, P.O. Box 11905 Columbia SC 29211
Phone: (803) 734-2020
Fax: (803) 734-2025
Regulatory Contact: C. Dean Bratton,, Commissioner of Consumer Finance
ASAP! Call them, tell them the situation, tell them you have paperwork from them showing they are threatening criminal charges against you. According to SC law, if the determine a violation has occured, you can recieve money from the 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
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Posts: 8007
Debtcc Points: 111615
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| Posted: Sat Nov 10, 2007 2:04 pm |
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thanks guys... all of them are internet companies, no storefront companies. I will be calling C Dean Bratton on Monday, will definitely keep everyone posted.
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jenaranoel
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| Posted: Sat Nov 10, 2007 2:12 pm |
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to answer the question about capital collections, its not a special situation. I'm going to try to go to Bank of America next week and get a new acct, I'm on hold with my current bank now. I can't afford to send out anything CMMR until next wed so that's when the cease and desist letters go out. If they are willing to take what I actually owe them based on someone else's replay then I may be able to pay off these goons before months's end. To they normally repond well to these settlement offers or am I in for a battle???
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jenaranoel
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| Posted: Sat Nov 10, 2007 3:27 pm |
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should I email cease and desist letters to the ones I can email or should all of the first correspondence be CMMR?
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jenaranoel
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| Posted: Sat Nov 10, 2007 8:15 pm |
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jen, just me personally, I sent everything email/fax/and certified mail. Hell, I did it every way possible! But, that's just me. Just as long as you do send a hard copy to them certified to make sure they got it (so they can't claim they didn't). But I faxed and emailed it also.
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cannr
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| Posted: Mon Nov 12, 2007 12:12 pm |
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I called my bank and was told that I can change my account info and get a new bank account #! Hopefully this works so that I get my life back, good advice!
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lah4eva
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| Posted: Mon Nov 12, 2007 5:34 pm |
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I was able to do the following in addition to getting the address to send them CMMR this week.
Email:
Payday Loan Yes/Cashnet
Fax:
Geneva Roth
Tremont Financial
Sagamore
I also have fax numbers for SSM Group LLC and Geneva Roth Ventures but can not find addresses to mail them out, can anyone help. Also for BIG I can find neither fax nor address.
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jenaranoel
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| Posted: Mon Nov 12, 2007 5:38 pm |
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I'm posting whatever I can find.
Geneva Roth Ventures
PO Box 148
Mission, KS 66201
Geneva Roth Ventures II
PO Box 2643
Kansas City, MO
Geneva Roth Cap AKA Express Loans
PO Box 148
Shawnee Mission, KS 66201
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cannr
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| Posted: Mon Nov 12, 2007 5:41 pm |
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For BIG, use this:
1005 Terminal Way, Ste. 110
Reno, NV 89502
Phone: 1-800-680-2177
1-800-670-4175
1-877-210-9423
Fax: 1-800-690-9926
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cannr
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| Posted: Mon Nov 12, 2007 5:45 pm |
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great thanks so much!!!
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jenaranoel
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| Posted: Mon Nov 12, 2007 5:46 pm |
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Only one left is SSM Group LLC
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jenaranoel
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| Posted: Mon Nov 12, 2007 5:55 pm |
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jen, I'm searching. I think they go by another name. I've found past posts regarding them; however, not with this name or an address posted. I looked on the BBB and can't find squat. Gee, tells me they're not very legal! I'm still looking. I'm on a quest now!
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cannr
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