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Live in CA how do I get rid of PDL legally

Date: Fri, 12/01/2006 - 22:11

Submitted by mskimmers
on Fri, 12/01/2006 - 22:11

Posts: 51 Credits: [Donate]

Total Replies: 32


I'm swamped with payday loans and now owe more each payday than I actually take home. I live in CA - I keep reading things like close your bank account...but then what? I still OWE the money right??? How do I get out of this please? I'm beyond stressed out and it is making me literally ill.I have both internet and store front PDLS

Any help is gratefully appreciated


Actually all the states have some usury laws. Lenders cannot charge you anything they want. If you think that you have paid what your state laws permit then ask your lenders to mark the account as paid in full. Some of the members had the luck to mark their accounts PIF.

http://www.debtconsolidationcare.com/settlement/pdlmarked-pif.html

However, it is always better to discuss the issue with the lenders before closing the account.


lrhall41

Submitted by stella on Sat, 12/02/2006 - 02:36

( Posts: 488 | Credits: )


Is there someone/somewhere who can tell me how to proceed in the state of CA. I've been reading the forums and am confused. Should I close my bank account as it seems BOA aren't going to be much help (don't like them anyway) Otherwise I am going to have no money at all as I owe more than my paycheck . I'm just so angry with myself as to how i got into this mess. I know some I must have paid off but how do I know what the legal rates are etc. For example CTC must charge more than the legal limits. And I'm worried to death about wage assignment/garnishment etc. I can't sleep and I just am ill over all this.
Thanks !


lrhall41

Submitted by mskimmers on Sat, 12/02/2006 - 11:07

( Posts: 51 | Credits: )


You need to contact the storefront PDLs first. If they are legal in your state, they can take you to court if you default. Usually, if you explain your situation, they try to work something out with you. Contact them before you close your bank account, if you can. Several of us on this site have had to close our bank accounts in order to get control over our money. You need to be able to pay your living expenses. Again, though, contact your store-front PDLs and try to arrange something with them. Check your state laws to see if they're legal. Good luck.


lrhall41

Submitted by dbaker6 on Sat, 12/02/2006 - 11:22

( Posts: 1600 | Credits: )


mskimmers:
Welcome! I also live in CA and I can share with you what I know. First, defaulting on an internet PDL in CA is not a criminal offense--so if you get a call from one saying that the cops are on their way, relax and have a laugh. They can't do it.
Some internet PDL's are not licensed to do business in CA, so you need to check on the Dept of Corporations' web site to see whether yours are.
Storefronts generally all follow state laws, and as such, can take you to civil court. This is why it's important to pay your storefront off first.
My best advice to you is to close your bank account and get a new one. This is the only way you will get control over your finances back. I know, I've done it.
Why is it important to do this? Because otherwise, the PDL's will be debiting you constantly in various amounts. You need to say enough and do this--and even more importantly DON't give your account number to ANYONE!!
Let us know how you're doing, OK?


lrhall41

Submitted by kscornell on Sat, 12/02/2006 - 14:16

( Posts: 4407 | Credits: )


This may sound like a dumb question but legal in CAlifornia or not surely I have to pay back principal plus SOME interest to the companies I owe money too? I know that some I have paid back 10x over what I first got but others (ie CashCentral) I owe too.

What are the steps I need to do beyond checking? Is there a checklist on here SOMEPLACE that tells me what to do so I don't have them garnishing my wages etc etc.

Any advice as to the best way to get this done is appreciated. My next pay day is coming up and I just don't know what to do once all the **** hits the fan .


lrhall41

Submitted by mskimmers on Sun, 12/03/2006 - 17:11

( Posts: 51 | Credits: )


There are no dumb questions, so don't even say that! Legal interest in CA is 15 percent, which is why we have to pay back $287.38 on $250 storefront pdl's. And if you have paid these internet ones back 10 times over, tell them you expect your files to be marked paid in full, or you will be filing complaints with the Dept of Corporations.


lrhall41

Submitted by kscornell on Sun, 12/03/2006 - 18:41

( Posts: 4407 | Credits: )


ks I was waiting on you to answer her. Happy BD by the way. KYSIDE38


lrhall41

Submitted by KYSIDE38 on Sun, 12/03/2006 - 18:44

( Posts: 2477 | Credits: )


OK so it seems that the people who I owe money to are not legal in CA (I found a cease and desist letter from the AG's office to ameriloan) How do I find the correct addresses to mail letters to? For example in the AG letter it has a Canadian address for Ameriloan yet I see other addresses on here. Which is correct?

What order should I take the steps in:
Close my bank account first?
Revoke the wage assignment ( I definitely DON'T want that to happen as I cannot afford it in the least)
Do I then write letters that basically say OK I've paid you back more than I owe you, you are operating illegally in CA get lost??? And where do I find this letter - I did a quick look on here but found one for something like what you would send a collection agency?

I'm still very bewildered by what to do and losing more and more sleep over this :(

Any help is so much appreciated!


lrhall41

Submitted by mskimmers on Tue, 12/05/2006 - 12:27

( Posts: 51 | Credits: )


ameriloan 800-362=9090 address 3531 P. St. NW Miami Ok 74355 This was the last address I had for them. Do it in the order you have written, Basically write the letter telling them you have overpaid and insert your state laws. KYSIDE38


lrhall41

Submitted by KYSIDE38 on Tue, 12/05/2006 - 12:32

( Posts: 2477 | Credits: )


Kyside, Thanks for all your advice. I found a letter to use to send to them where I will just insert the CA laws. If places have more than one address should I send it to all of them? Also where do I find a wage revocation letter....I can't seem to find one. I'm at work and really am not supposed to be on the internet !! Thanks again everyone for their help!


lrhall41

Submitted by mskimmers on Tue, 12/05/2006 - 12:41

( Posts: 51 | Credits: )


Thank you weesie, I didnt have a letter to give her. I was looking for one. KYSIDE38


lrhall41

Submitted by KYSIDE38 on Tue, 12/05/2006 - 12:58

( Posts: 2477 | Credits: )


Another question- what do I do about the ones where I haven't paid back the original amount yet - yet I can't pay them right now. Will they wait a couple of weeks for their money etc? I owe Cash Transfer Centre (who overcharge on their interest) 800 (+ interest) GSIL 200 (I've paid them 80) Apollo 300 (have paid them 180) Cashnet 287(believe they are operating within the law) and ameriloan(who I have paid back over 500 on a 300 loan :() and someone else I can't even think right now.
So with the exception of Ameriloan I DO owe everyone else money - just not on their interest rates. Will they wait or take payments or ANYTHING. As you all know the interest rates just CRIPPLE you from getting out from the huge overwhelming pile of debt.
Is there a guardian angel out there who can help me wade through this mess??
Thanks again for anyone reading and offer advice.


lrhall41

Submitted by mskimmers on Tue, 12/05/2006 - 14:48

( Posts: 51 | Credits: )


You know the fact that there is an outstanding balance and the company has full rights to ask for it. Don't be bothered if one company doesn't follow the state law, that doesn't erase the principal amount. I recommend calling the pdl places and explain your problems. They will hear you and adjust your account. Other than this, they don't have any option in getting money from you. Just talk and convince them for an extension.


lrhall41

Submitted by weeswie on Tue, 12/05/2006 - 15:08

( Posts: 382 | Credits: )


I'm going to close my bank account tomorrow so that I will at least have some money to live on instead of being overdrawn with PDL........am I better to deal with a totally different bank instead of my current BOA???
I'm making a list of who I need to call. Two storefront and at least on of the IPDL can be paid off next week - and hopefully the rest will be OK in waiting for a couple of weeks....if not I guess I will deal with that then :( As to ameriloan and Starlight I've paid them 3x what the original amount was so I don't see how they can come after me for any more money.
Thanks again to everyone....just maybe soon into 2007 I will be out of this mess.


lrhall41

Submitted by mskimmers on Tue, 12/05/2006 - 19:52

( Posts: 51 | Credits: )


I agree with weesie. I always advise to pay back the principal and what your state allows in interest. Also file those complaints with the Attorney Generals office. They are working people are seeing results. KYSIDE38


lrhall41

Submitted by KYSIDE38 on Wed, 12/06/2006 - 05:39

( Posts: 2477 | Credits: )


I'm sure it's on here somewhere but is there a list of payday loan companies with their contact info...I'm hoping one of you experts can direct me to it quickly. I'm thinking I better start calling people BEFORE they discover next week that my account is no longer open.

By the way is the opinion to totally change BANKS in order to open a new account??


lrhall41

Submitted by mskimmers on Wed, 12/06/2006 - 08:48

( Posts: 51 | Credits: )


msimmers,
Are you dealing with Bank of America right now. I don't know your experience with them but mine were horrible. I told all of my pdls not to take out of my account b/c there were no funds in there and still did. However Bank of America did nothing to help me they would not close out my account because of the loans i took out and because of all the nsf charges the bank gave me my account is now in the negative $1100 and getting ready to go to collections because they were no help to me.


lrhall41

Submitted by traci78 on Wed, 12/06/2006 - 11:31

( Posts: 106 | Credits: )


My experiences in other areas with BOA has been horrible. I figure if I close the account what can they do? They can't charge me fees if I no longer bank with them right? I guess I really need to contact the people and tell them the money won't be there next payday and hopefully negotiate with the ones I still owe money too (Cash Transfer, Apollo, DMS, and GSIL or whatever they are called) Starlight and ameriloan I have paid back many times over so I don't believe I owe them a penny still. Does anyone have contact info for DMS and Apollo?


lrhall41

Submitted by mskimmers on Wed, 12/06/2006 - 11:58

( Posts: 51 | Credits: )


mskimmers,
Do you have a negative account with bank of america. if so they won't let you close it, thats what happened to me. If your opening another bank account and still have payday loans to pay on, my suggetion would be to see if they would accept another payment methond so you dont have to give out your new acct info.


lrhall41

Submitted by traci78 on Wed, 12/06/2006 - 13:16

( Posts: 106 | Credits: )


Once again. NEVER NEVER NEVER give out your new account to anyone. They will get you again if you do. KYSIDE38


lrhall41

Submitted by KYSIDE38 on Wed, 12/06/2006 - 13:19

( Posts: 2477 | Credits: )


KYSIDE, I've learnt that lesson. I don't have a negative amount with BOA right now that's why I figured I should go and open with someone else. Then I guess I need to call the people (I'm still looking for contact info for some of them) BEFORE next payday and say (i'm not sure what ) I can't pay you but I can make payment arrangements??? Also I'd really rather not FAX anyone as the only fax I have access to is at work. I thought I would call/email and follow up with a letter with a return receipt.

Does anyone have email/phone numbers for DMS and Apollo? Thanks again


lrhall41

Submitted by mskimmers on Wed, 12/06/2006 - 13:48

( Posts: 51 | Credits: )


DMS Here is their collection manager Brad Weathers Phone 800-859-6439 ext 234 e-mail bweathers(at)dmsmktg.com fax 800-8048731 I never dealt with Apollo. Kyside38


lrhall41

Submitted by KYSIDE38 on Wed, 12/06/2006 - 14:37

( Posts: 2477 | Credits: )


mskimmers---here is what I did when I was with BOA and was in your same position. I made sure all of the checks I wanted paid had cleared. I went and withdrew any money left and closed the account. I then went and opened another account at a completely different bank. If you are not negative right now with BOA, then I say close it ASAP.


lrhall41

Submitted by Lorri on Thu, 12/07/2006 - 09:40

( Posts: 1721 | Credits: )


OK the new bank account is opened and I've informed my employee of the new info and revoked any wage assignments. they told me they wouldn't do anything unless court ordered anyway. I haven't closed my account as am waiting for 2 checks to clear still (including my rent still!)

Does anyone have info for Apollo???

I now need to contact all these guys I still owe to and negotiate some payment plan. I guess I will be given a hard time but just need to be prepared to be firm and tough right????


lrhall41

Submitted by mskimmers on Thu, 12/07/2006 - 12:35

( Posts: 51 | Credits: )