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Afraid of payday loan people

Date: Thu, 09/14/2006 - 16:16

Submitted by Leivah1
on Thu, 09/14/2006 - 16:16

Posts: 8 Credits: [Donate]

Total Replies: 46


Help!
I have gotten into the nightmare of payday loans and I have 5 of them! Mr. Scott Williams from United Cash Loans called me today. He called my offce twice in about 20 minutes. I was not able to take the call but someone took a message for me. Then suddenly I get a fax from them stating that I was in default of their loan,(No kidding! I have not been able to find their # at all to call) and that I had gotten the loan using my employers computer because they recorded the IP address. When I called him back I explained to him that I was working on cashing out as a hardship cash out my 401K and would have the check within 7 business days then I would pay them off. He told me that my company can be charged under some law!! I can now lose my job! He also said I had to send money via Western Union to Langhorne Law in PA. Help what do I do!? If I lose my job then I surely can't pay them! He was very threatening and rude!
Lisa


Leivah-also have a look at this http://www.debtconsolidationcare.com/forums/about7032-1.html I don't know what they are talking about your company being charged with something. All of these people will use threats,be rude,yell,anything to get you in a panic to send them something. They are counting on your emotions taking over and sending them money-Don't be intimidated-do some research and become educated to your rights and also who these bottom feeders are!...Karen :D


lrhall41

Submitted by Bossy4455 on Thu, 09/14/2006 - 16:28

( Posts: 5854 | Credits: )


Send a proposal about your payment plans. Be aware of your state laws. The loan company must not charge on your account above the laws fixed in your state. Often, these people charge excessive interests and fees making it difficult to catch the principal amount. Talk to your attorney general about this and the legal charges. You will get some restitution if you have paid to them earlier.


lrhall41

Submitted by Christina on Thu, 09/14/2006 - 17:26

( Posts: 438 | Credits: )


This person also called me at work today, only for Nationwide Cash Loans. He told me that since I used my
military email address ,he could sue my employer!
I've never heard such crap! Anyone have suggestions on this one?


lrhall41

Submitted by anewday on Thu, 09/14/2006 - 18:14

( Posts: 20 | Credits: )


Christina, when you said "Don't take risks with this approach", who are you talking to?


lrhall41

Submitted by on Thu, 09/14/2006 - 18:16

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United Cash Loans is doing nothing more than blowing smoke. They are not licensed in any state and they have violated several state laws. They are not going to charge your employer with anything. I didn't think they could send any information regarding a defaulted loan thru a fax. Also, never ever tell a pdl lender that you are cashing in anything, especially your 401k. That gives them more ammo for harassment.


lrhall41

Submitted by Not so Lucky on Thu, 09/14/2006 - 18:21

( Posts: 3041 | Credits: )


I agree. Do not tell a payday loan lender anything about being able to get money for them.

United Cash Loans are trying to scare you. They are calling you and harassing you (and yes, sending you a fax at your place of employment is harassment) so that you can be afraid. Don't let them do this to you.


lrhall41

Submitted by Alexandra on Thu, 09/14/2006 - 18:37

( Posts: 544 | Credits: )


Kota, tell your bank that you want to place a statement of unauthorized debit withdraw on your account blocking Sonic completely. Don't do a stop payment because that only stops a particular payment and will cost you $29.00. If that does not work, close your account and open another one at another bank.

Look at the laws in your state regarding pdls and contact, like I have, the attorney general's office.


lrhall41

Submitted by Alexandra on Fri, 09/15/2006 - 20:53

( Posts: 544 | Credits: )


I went to the bank yesterday to close my checking account. Because I had 2 outstanding legit debits that had not gone thru I had to leave some money in the bank. I had put stop payments on electronic debits from my account for this PDLs sure enough United Cash sent a "paper" check thru. Has totally screwed me again!


lrhall41

Submitted by Leivah1 on Sat, 09/16/2006 - 11:45

( Posts: 8 | Credits: )


they got me for $480! One of the payments went thru but now it shows I am over drawn by alot of money that account. I did not think they could do this. It seems like it is fraud. Does anyone know who in Florida I can contact about this. I called my bank today about it. They said I have to call back monday and talk to the fraud unit.


lrhall41

Submitted by Leivah1 on Sat, 09/16/2006 - 15:50

( Posts: 8 | Credits: )


Quote:

This person also called me at work today, only for Nationwide Cash Loans. He told me that since I used my
military email address ,he could sue my employer!
I've never heard such crap! Anyone have suggestions on this one?


They Can't, and wont sue your employeer, but it would be funny to see them try and sue the US Government over a $200 payday loan.

Don't listen to their threats, don't give them any information which isn't absolutley necessary, never tell them what you are doing to be able to pay them off. Do what you can to get them paid off as soon as you can , then learn the lesson and never take a PDL again!.


lrhall41

Submitted by LCW on Sun, 09/17/2006 - 06:48

( Posts: 1151 | Credits: )


Hey it was in the USA TODAY friday the 15th. The Pentagon is stepping in on these military payday loans. Not one of them is going to get over 36 percent. Thats great news. Stop messing with the military. I would like to see all of these people go out of business. They are loan sharks and nothing more. KYSIDE38


lrhall41

Submitted by KYSIDE38 on Sun, 09/17/2006 - 20:30

( Posts: 2477 | Credits: )


NATIONWIDECASH

On 7/24/2006 you borrowed $400.00 from this company. Although you executed a binding, legal contract to repay this loan you put a stop payment on our institution, and have not made a payment since. With late fees and unpaid finance charges, your balance now stands at $670.00.



Nationwide Cash captures the IP addresses for all internet transactions, and has traced the source of your application. Based on the foregoing, the fraud investigators have concluded that you used your employer????????s systems to defraud our company. According to the report, you used your employer????????s IP address to either apply for this loan, execute the loan agreements and/or authorize Nationwide Cash to debit payments from your bank account through email when due. Your employer may also face federal penalties under 18 USC ???? 1029



Nationwidecash will take any necessary steps to pursue any lawful actions to recover its funds. This includes authorization to seek civil and, if appropriate, criminal penalties. Unless you contact my office immediately and settle this matter, Nationwide Cash will vigorously pursue all available remedies under 18 USC ???? 1343.



When the internet is used to make a fraudulent loan application, it is wire fraud and is a federal offense. We will assume you did take this loan with intent to defraud our institution, initiate civil action and we will refer this matter to the appropriate law enforcement agencies.



Fraud Investigation Department



SCOTT WILLIAMS

Nationwide Financial

1-877-711-1199 EXT 525


lrhall41

Submitted by Leivah1 on Mon, 09/18/2006 - 20:08

( Posts: 8 | Credits: )


Leivah1 ......


That's crap! You cannot be charged with wire fraud!

I would save that communique,so when you bring them to justice you'll have proof of harassment.

WIRE FRAUD - 18 USC 1343, makes it a Federal crime or offense for anyone to use interstate wire communications facilities in carrying out a scheme to defraud.

A person can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

First: That the person knowingly and willfully devised a scheme to defraud, or for obtaining money or property by means of false pretenses, representations or promises; and

Second: That the person knowingly transmitted or caused to be transmitted by wire in interstate commerce some sound for the purpose of executing the scheme to defraud.

Key word here...PROVE BEYOND A REASONABLE DOUBT!

Nationwidecash actually did you a favor by adding that in their reply.

Alot of these bottom feeders will make threats like that with the hope you will cave in and send them every last cent. If you paid back more then you actually borrowed,allowed by your state laws,I would send them no more and use that email they sent as leverage against them,especially the threat they made in it.

Furthermore, It would not be up to Nationwidetrash,I mean cash to determine wire fraud,but the FBI seeing
that is interstate commerce.

So rest easy. It's not going to happen!


lrhall41

Submitted by Roadwarrior on Mon, 09/18/2006 - 20:21

( Posts: 637 | Credits: )


Ok, I'm sick of these thinly veiled and vauge threats, so here it is, the ACTUAL letter of the law, direct from Uncle Sam Himself.

18usc 1029 talks about Fraud and what constitutes fraud, based on whats here I think in a one time instance they would have a hard time proving intent to defraud.

and here is 18usc1343, which defines mail fraud,and conveniently doesn't even mention the Internet. Why doesn't someone ask Mr. Williams where he went to law school since he is quoting law without knowing what these respective sections are talking about?

Now giving as much publicity as there has been the news lately about employers conducting surveillance on their employees ( watching what Internet sites employees visit, monitoring email and instant messages, listening to phone calls etc. It must be said, DON'T USE YOUR EMPLOYERS COMPUTERS FOR PERSONAL BUSINESS. Do not use them to Look at your bank accounts, Do not use them to Pay your bills on line, do not use them to conduct or research personal business while on the company dime. Truth be told, if they REALLY wanted to push it (and it has been done), they could fire you for improper use of company facilities, or eve for just not doing what your paid to do.

The risks are just too high, and as I tell my step daughter, A lot of people are watching what you are doing whether you know it or not. My wife was almost fired once for sending me email while she was at work. It just isn't worth it.[/quote]


lrhall41

Submitted by LCW on Tue, 09/19/2006 - 11:15

( Posts: 1151 | Credits: )


in relation to 18USC1029, it states
Quote:

(7) knowingly and with intent to defraud uses, produces,
traffics in, has control or custody of, or possesses a
telecommunications instrument that has been modified or altered to
obtain unauthorized use of telecommunications services;


18USC1029, essentially deals with credit cards, they are trying to use a very broad definition of "device". In order for them to prove their case, they would need to show a hell of a lot more evidence than just am employers IP address, and they would need to show that the person involved materially (physically) modified or altered the computer in order to execute the "fraud"

The information is available in the links in my original post. Those links will take you directly to the applicable section of the US Code. IF you have further trouble, PM me and I'll do what I can.


lrhall41

Submitted by LCW on Tue, 09/19/2006 - 11:33

( Posts: 1151 | Credits: )


And, If Mr. Williams (or any of these other PDL bottom feeders) persist in their thinly vailed threats, and citiations to sections of law that most likely wouldnt apply, you could always counter with

[quote]From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC892]


TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 42--EXTORTIONATE CREDIT TRANSACTIONS

Sec. 892. Making extortionate extensions of credit

(a) Whoever makes any extortionate extension of credit, or conspires
to do so, shall be fined under this title or imprisoned not more than 20
years, or both.
(b) In any prosecution under this section, if it is shown that all
of the following factors were present in connection with the extension
of credit in question, there is prima facie evidence that the extension
of credit was extortionate, but this subsection is nonexclusive and in
no way limits the effect or applicability of subsection (a):
(1) The repayment of the extension of credit, or the performance
of any promise given in consideration thereof, would be
unenforceable, through civil judicial processes against the debtor
(A) in the jurisdiction within which the debtor, if a
natural person, resided or
(B) in every jurisdiction within which the debtor, if other
than a natural person, was incorporated or qualified to do
business

at the time the extension of credit was made.
(2) The extension of credit was made at a rate of interest in
excess of an annual rate of 45 per centum calculated according to
the actuarial method of allocating payments made on a debt between
principal and interest, pursuant to which a payment is applied first
to the accumulated interest and the balance is applied to the unpaid
principal.
(3) At the time the extension of credit was made, the debtor
reasonably believed that either
(A) one or more extensions of credit by the creditor had
been collected or attempted to be collected by extortionate
means, or the nonrepayment thereof had been punished by
extortionate means; or
(B) the creditor had a reputation for the use of
extortionate means to collect extensions of credit or to punish
the nonrepayment thereof.

(4) Upon the making of the extension of credit, the total of the
extensions of credit by the creditor to the debtor then outstanding,
including any unpaid interest or similar charges, exceeded $100.


(c) In any prosecution under this section, if evidence has been
introduced tending to show the existence of any of the circumstances
described in subsection (b)(1) or (b)(2), and direct evidence of the
actual belief of the debtor as to the creditor's collection practices is
not available, then for the purpose of showing the understanding of the
debtor and the creditor at the time the extension of credit was made,
the court may in its discretion allow evidence to be introduced tending
to show the reputation as to collection practices of the creditor in any
community of which the debtor was a member at the time of the extension.

(Added Pub. L. 90-321, title II, Sec. 202(a), May 29, 1968, 82 Stat.
160; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13,
1994, 108 Stat. 2147.)


Amendments

1994--Subsec. (a). Pub. L. 103-322 substituted ``fined under this
title'' for ``fined not more than $10,000''.

Section Referred to in Other Sections

This section is referred to in sections 894, 1961, 2516 of this
title.



[/quote]


lrhall41

Submitted by LCW on Tue, 09/19/2006 - 11:53

( Posts: 1151 | Credits: )


Does nayone have the address of jacksonville bass prelitigations or bass enterprises. They are in FL, thank you!


lrhall41

Submitted by on Tue, 09/19/2006 - 13:14

( Posts: | Credits: )


So today I called Nationwide Cash after Scott Williams faxed again to my work threatening to sue my company. First I called Attorney Gen here in Florida and NM. I can't tell you that they were very helpful but... When I spoke with Scott I advised him that he had to cease and desist, and that I had spoken to NM and FL AG and what he was doing was illegal. I also advised him that I was going to an attorney today to discuss this matter with potential legal action. Suddenly I needed to speak with Lynn Kineard who is the supervisor. She started to get nasty. I then asked her where were they licensed to do business and she told me NM. I advised her of talking to NM and they did not show them as licensed in NM or Fl and that the Attorney General of both states had taken info and I was going to my attorney. She suddenly got really nice. Asked me if I had planned on paying my debt. I told her I had every intention of paying the principal but I was not going to pay anymore interest since they have already gotten over $150 from me in interest. Suddenly she agreed with me. I advised her she had to email me her agreement that I would pay her principal only. I told her I was expecting to be able to do that at my next paycheck. She orginally wanted checking info, I told her No! I would call her on my payday and wire her or mail her a cashiers check for that amt. !!!!! She agreed and emailed me her agreement.


lrhall41

Submitted by Leivah1 on Tue, 09/19/2006 - 18:35

( Posts: 8 | Credits: )


I got a call from from a company by the name of Legal Mediation Process with the number of 1-800-201-0565. I am enrolled in Pre-paid legal, should I have those lawyers give them a call? I am going to pay this loan, I haven't been threaten, yet. But they did sound ominous, with a name (Marylynn St.Jhons).


lrhall41

Submitted by on Wed, 09/20/2006 - 14:00

( Posts: | Credits: )


Thanks erzeke1. I did went to them and request them to stop all the ACH debit and its fines if i have to paid $25 for each one. This morning i checked my balance and it was -$1800, i don't know what to do know. I can't closed my account not unless i have to made a deposit to cover the NSF fund. I'm so pissed and frustrated now. Help, any one???? Thanks.


lrhall41

Submitted by sammi613 on Sat, 09/23/2006 - 09:15

( Posts: 44 | Credits: )


Been reading through this thread and a few things come to mind.

First, Nationwide is licensed in New Mexico under their corporate name, Ambassador Financial Services, Inc. d/b/a Nationwide Cash. License No. 01413. Trouble is that RLD's site is such a mess that you have to know all about somebody to find them on their licensee search.

Second, Roadwarrior's probably right about it being a scare tactic, but I disagree with JediMistressAri about whether what the kid did is illegal or not. If you read his letter closely, all he threatens to do is file a law suit and refer the matter to the authorities for them to decide what to do. (Most likely put it in the "round file," I would guess.) You used to be a collector, Ari. Can you honestly say you never said anything similar to that?

(BTW - What's the matter with burger flippers? They seem nice enough to me . . . especially the folks down at Wendy's . . . hmmm . . . )

Third, I like LCW's suggestion about quoting law right back to them. Just remember, if they call your bluff you face the same problem that Nationwide would have with the wire fraud statute. It's up to the US Attorney to decide whether to prosecute, not private individuals. (If I'm not mistaken, that's part of the RICO Act up there.) Unless you have a few hundred thousand dollars lying around to fund a private RICO action, all you can do is send a letter off to the U.S. Attorney and see if he or she is interest in pursuing it as a criminal matter.

Having said all this, I must say this is one of the more interesting threads I've seen in a while. A lot of nice points have been made all around.

I do have some questions for the actual NWC customers that are following the thread. Have you made any payments on the loan at all? And if not, have you tried just offering them the principal back, i.e., whatever you borrowed in the first place. I've had a lot of success lately in those situations getting PDL's to waive all the interest and treat loans as "rescinded" as long as they get their original loan amount back. I've even seen cases (out of Florida and New Jersey) where people went to the AG and/or Banking Department and the AG proposed this as a settlement of collections disputes.

Obviously, these observations don't help the person who's already paid 2 or 3 times the original loan in interest, but a lot of people are defaulting much sooner and i thought this might help them get the collectors off their backs.


lrhall41

Submitted by on Wed, 09/27/2006 - 08:53

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I quit a job 3 years ago and need MONEY now. I cotacted them to find out what happen to my 401K. Can an x employer cancell your 401k? Have I waited to long?


lrhall41

Submitted by on Thu, 04/19/2007 - 17:06

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