logo

Debtconsolidationcare.com - the USA consumer forum

Payday Loans and Out Of State Collections

Date: Mon, 02/26/2007 - 17:34

Submitted by Nic95403
on Mon, 02/26/2007 - 17:34

Posts: 12 Credits: [Donate]

Total Replies: 24


I took out some payday loans within recent months to get myself through a difficult financial crunch. One of those loans was with DrCash.Com, which is based in Utah.

In November 2006, I had two companies deposit funds into my account, that I had never had any contact with, and had no loan documents to support the deposits.

Shortly after they had deposited funds into my account, they began debiting my account on a regular basis. My bank saw this and froze my funds, preventing any further debits because they suspected fraud.

In good faith, I contacted the legitimate companies I was dealing with by email on December 14, 2006, and told them that any future transactions would be returned and that I would be happy to make payments by money order to settle my obligations. The amount that I owed to DrCash.Com was $250.00, plus a finance charge of $44.94 = $294.94.

DrCash.Com sent me an email reply saying that paying by money order was fine. However, before I had had the chance to submit a payment to them, they referred my account to Credit Services of Logan for collection.

A Representative from CSL contacted me on January 26, 007 on my work phone number to inquire when I would be taking care of my obligation. She stated that I now owed over $1100.00. This was the original $250.00 owed to DrCash.Com, plus collection fees. I told her that I needed to receive something in writing from them, which she said they had mailed a letter out on January 11, which I never received, and would send out another notice on January 26, 2007, the day that I spoke to her. I waited two weeks and still had nt received anything, so I wrote them a letter, stating that under the Fair Debt Laws, collection agencies are required to provide notice in writing within 5 days after initial contact. It is now February 26, 2007, and I still have not received anything in writing from them.

I have also been made aware that the State of Utah has very different guidelines around payday loans and what fees can be charged. So here is my question:

In what I have read, extensions are not permitted on Payday Loans in the State of California. This was an extension loan. DrCash.Com is licensed to operate in California, but does that mean since they originate in Utah, that they can follow Utah Laws?

Also, Are these collection fees of over $800.00 valid? Do I have to repay these? I did not think that companies could access late fees or penalties on Payday Loans, other than a $15.00 returned transaction fee?

Any help in answering these questions would be greatly appreciated. I will be posting a separate post regarding the companies that deposited money into my account and created this whole mess.


You said you were dealing with DrCash.com and they sent your account to Credit Service of Logan? I wonder if DrCash.com is affiliated with Instant Cash Flow dba cashthis.net? I had an internet payday loan with Instant Cash flow and they turned my account over to Credit Service of Logan. The balance I owed was $198 and then all of a sudden it was $301. The address to Credit Service of Logan is:

Credit Service of Logan, Inc.
P.O. Box 3730
Logan, UT 84323-3730
Local# (435)752-2660
Long Distance# (800)221-3207


lrhall41

Submitted by brownsugar on Mon, 02/26/2007 - 18:25

( Posts: 1389 | Credits: )


You need to send them a debt validation letter and ask them for proof that you took this loan out. Also file a complaint with the FTC and your states attorney generals office. They will have to provide proof that you applied for the loan and signed documents rather it be online or in person. Either way, if you did not apply for the loan. Did you spend the money? If so, you probably owe the debt, at least the principal.


lrhall41

Submitted by fedupinpa on Mon, 02/26/2007 - 19:21

( Posts: 1511 | Credits: )


DrCash.Com and Instant Cash are one in the same.

I am not disputing that I took out a payday loan with DrCash.Com. That is a totally valid debt, which I said in good faith I would take care of.

What I have learned since reading posts on this site and researching California laws concerning payday loans and deferred deposit loans, is that extension loans are not permitted in California. If that holds true, then the loan with DrCash.com should have simply paid off each payday and then if I chose to, I could renew, which I was able to do with other payday loans.

My real question is, am I liable for the additional collection fees that are being assessed by Credit Service of Logan? $800.00 sounds outrageous to me for a $250.00 loan, when California's Financial code states that late fees, penalties or finance charges cannot be assessed by payday loan companies if a check is returned or because of a returned transaction. Do I have to abide by the collection laws of Utah, since that is where DrCash.Com is located, or do the California laws apply here anywhere?

As I had stated in my original post, I had written to Credit Service of Logan because they had not provided anything in writing to me , to substantiate their fees. I am more than happy to clear my debt with DrCash.Com, but it is the fees assessed by CSL that I have the real issue with at this point.


lrhall41

Submitted by Nic95403 on Mon, 02/26/2007 - 22:03

( Posts: 12 | Credits: )


Quote:

Also file a complaint with the FTC and your states attorney generals office.


Don't waste any more time. They took advantage of you. End of story. You only owe what California law permits. Thusly, you do not owe any excess fees/interest that were charged to you.

Quote:
Do I have to abide by the collection laws of Utah, since that is where DrCash.Com is located, or do the California laws apply here anywhere?

Utah would apply only if you falsely stated on the application that you lived in Utah (I am assuming that you do live in California).


lrhall41

Submitted by Morningstar on Tue, 02/27/2007 - 00:17

( Posts: 1633 | Credits: )


Thanks for the information. That gives me something to work with.

But this is the real problem that started all of this to begin with...and I have seen many posts on here related to the same companies:

I had a couple of payday loans in effect at the early part of November, which would have been fine, until on November 8, 2006, a deposit of $300.00 was credited to my account, by a company under the name of Magnum Z LLC. I have since come to learn after reading other posts on here, that Magnum Z LLC and Westbury Ventures are one and the same.

On November 17,2006, Magnum Z LLC withdrew $90.00 from my account, which I take was a finance charge.

Shortly after this, I then had another deposit of $300.00 credit to my account from Geneva Roth. Neither one of these companies ever contacted me prior to depositing funds into my account, and I have been unable to locate any payday loan websites associated with these companies, except for LoanpointUSA.com, which I will get to further into this post.

Geneva Roth then withdrew $90.00 on 12/26/06, and I believe earlier, but I do not have all of my bank information from December, as my bank was made aware of these transactions and suggested I close the account, which I did on 12/14/06. However, the bank merely opened up a new account and all existing ACH debits simply moved over to the new account, not solving any of my problems.

Also in December, the Magnum Z LLC debits suddenly changed names to Westbury Collection. On 12/26, Westbury withdrew $60.00, not even the normal $90.00 that they had been debiting from my account. Then on 12/29/06, they withdrew $125.00, and another debit of $100.00 on 01/05/07, with Geneva Roth right behind them, debiting $90.00 on 01/08/07.

Now keep in mind, neither of these companies had ever contacted me, and I had no loan documents to show that I ever took out a loan with either company or any of their "spin off names." What was really funny was that I began receiving emails from Deborah Turner-Bey at Westbury Ventures, stating that my loan was delinquent...these were accompanied by an attached form that I was supposed to complete and send back to them, authorizing ACH debits from my account. I never returned this form as I felt that would give them something in writing authorizing them to debit my account, which they were already doing. So why need my bank information?

Needless to say, my bank closed this second account due to being severely overdrawn as a result of these transactions and inititated a fraud claim. On January 19,2007, I received another email from Westbury Ventures, to which I replied, "Are you aware that a fraud claim has been filed against your company and legal action is in process for failure to provide any evidence of valid loan arrangments between your company and the party that you are attempting to contact." Low and behold, this email got my first response from Westbury Ventures, claiming that I was the one committing fraud. Further into the email, it stated that I had my loan with Debt Doctors, another spin off name. I searched on the Internet for any websites that were under Debt Doctors that offered payday loans and found none. I replied to this email on January 19, 2007 and requested copies of my loan documents. Deborah Turner-Bey's response was :

"I will be happy to provide original loan documents when you provide evidence that you are the original debtor. Please complete and notarize the attached release and your documents will be forwarded immediatly."

I wasn't falling for that either. No Consumer should have to get a form notarized in order to be provided with loan documents, especially containing their own personal and financial information. These emails went away until recently,when I received one saying to use my tax refund to settle my obligation. Not happenign either.

As for Geneva Roth, they were emailing extension forms to a different email address than Westbury Ventures was emailing me on, to fax back to LoanpointUSA authorizing the loan be extended or paid down. I never returned any of these forms for the same reason.

I have now started getting messages left on my work number from a "Mary" at GRC. I have not returned any of her calls, because I want any communication documented in writing, not by phone. I went onto the Loanpointusa.com website and completed the application for a payday loan under a friends name, too see if in fact you could download an application from this site. You can. What was interesting though, was at the end of the application process, they provide you with a pre-printed fax cover sheet and request that you fax them a copy of a void check, a recent bank statement, and recent pay stub. I know for a fact that I have never faxed any personal information to company in order to obtain an internet payday loan. That I would remember doing and would have kept the fax for reference.

Do I just sit tight now and wait for something from them in the mail? I am kind of hoping that is what happens, because I would like to be able to trace back to who might own a P.O. Box or something like that and put a stop to these kind of scams.

In the case of Westbury Ventures, they took over $465.00 out of my account for a $300.00 loan, and that would have continued if my bank hadn't closed my account.


lrhall41

Submitted by Nic95403 on Wed, 02/28/2007 - 19:45

( Posts: 12 | Credits: )


You need to file a complaint with the department that regulates these companies. CA had filed a cease and desist order on MANY, over forty, internet pdl companies loaning monies to CA consumers without a CA license. Find out if this company is licensed in your state, and if they are not, and I'm willing to be money they are not licensed in CA, file your complaint, start by contacting your Attorney General's office to do this. This cease and desist order was issued on September 8, 2006. At that time there were over forty companies on the list like I said, and they were adding more to it as the complaints come in.


lrhall41

Submitted by WHEREAMI? on Wed, 02/28/2007 - 19:50

( Posts: 5263 | Credits: )


Brownsugar, I think my bank just automatically transferred all existing "settings" on my original account over to the new one that they opened. They actually didn't do it correctly, which is why my account became overdrawn right away.

I was fortunate though that they did approve my fraud claim, after they denied my first attempt. So amazingly my account went from being $1100.00 overdrawn to being back at a positive $145.00 when they were finished crediting pdl debits and all of their fees back to my account. That was at least one success in all of this. Needless to say, I don't bnk with that same bank anymore, to make sure that doesn't happen again.


lrhall41

Submitted by Nic95403 on Wed, 02/28/2007 - 20:07

( Posts: 12 | Credits: )


The bank closed my second account that they had opened because the "hard hold" that they had put on it had failed.

They were actually trying to remedy the situation, and did open a third account for me, which had no links to the previous two accounts. I do give them credit for working with me to fix what was going on.

My issue is not with the bank at this point at all, it is with trying to understand what I am liable for financially, with these pdl companies, if anything, and how to get them to "go away."


lrhall41

Submitted by Nic95403 on Wed, 02/28/2007 - 20:28

( Posts: 12 | Credits: )


So here is an update on this situation:

I finally received the Collection letter in the mail from Credit Services of Logan on Monday, March 5, 2007, after I had had my initial phone contact from them on January 26, 2007. Obviously they weren't aware of the Fair Debt Collection Practices Act.

They had not received a copy of the "loan" agreement from Drcash.com until it was faxed to them on February 28, 2007...a month after they had first called me.

The notice stated the following:

Principal Balance Owed: $250.00
Additional : $826.25
Interest: $6.16

Making a total of $1082.41 on what was originally a $250.00 loan with a finance charge of $44.64. Somehow, something just doesn't seem right with this equation.

I have filed a complaint with the Attorney General's office for California, too see where I stand on this. If I am reading the California laws correctly, I would not owe anything other than the original loan amount and the finance charge, which I am fine with. It is the additional fees and interest that Credit Services of Logan is adding on that I do not feel are applicable under the California Laws concerning Payday loans.

Can anyone shed any light on this and let me know if I am at least going in the right direction here?


lrhall41

Submitted by Nic95403 on Tue, 03/06/2007 - 22:52

( Posts: 12 | Credits: )


You are going in the right direction . . . . They must follow CA laws. If they are licensed in CA then you really have a chance to nail the company. If they are found to be breaking the laws, CA can fine them and yank their license.

I love how they don't explain the additional $826.25 . . . Over 4 times the loan amount, that's outrageuos for collection fees!


lrhall41

Submitted by goudah2424 on Wed, 03/07/2007 - 06:58

( Posts: 7935 | Credits: )


Thanks everyone for the input, I really appreciate it. It makes me feel that I might just find a way out from under this mess.

I have filed 3 complaints with California AG office and one with the FTC so far, concerning Credit Services of Logan, Geneva Roth Capital, and Westbury Ventures.

I was hoping that someone on here might have an actual email address of a person at Loanpointusa.com, which seems to represent Geneva Roth Capital.

I received my 3rd call on Monday, 03/05/07, from a lady named "Mary," explaining that her "client" was getting extremely upset and that I needed to contact her so that she could explain what was going on with the complaint she had on her desk.

I called her back on Monday evening and left her a voicemail, telling her she would need to email me copies of my original loan application and loan documents, of course, there are none, because I never applied for a loan through them. I told her I would be checking my email during the day on Tuesday and if I didn't see anything from her, I would call her again on Tuesday to follow-up. I also told her that they had my email address, so it shouldn't be any problem to get that information too me.

Of course, no email was sent. So I did what I said I would do, and called and left her a message on Tuesday, saying the same thing. It is now Friday, and I still have not heard back from her by email or phone for that matter.

I would like to be able to email a person at Loanpointusa.com and ask them to provide me with "Mary's" email address, so that I can write her directly, and continue to do so. If they can keep calling me regarding a loan that I took never had with them, then I would like to play the same game.

Has anyone emailed at person at this outfit and wouldn't mind providing the name/email address?
It would be greatly appreciated.


lrhall41

Submitted by Nic95403 on Fri, 03/09/2007 - 13:29

( Posts: 12 | Credits: )


I had thought about just writing to that email address, but I figured it was probably very generic and probably didn't even get looked at.

I will give it a shot though and see if I get a reply. I just thought it would be more effective for me to get a reply in writing from the person that is calling me. I will not return calls during their business hours for the simple reason that I want any communication I have with companies like this documented.

But thanks for the suggestion.


lrhall41

Submitted by Nic95403 on Fri, 03/09/2007 - 14:09

( Posts: 12 | Credits: )


I took out a payday loan and the deposit showed up in my account but they never put any money in


lrhall41

Submitted by on Sat, 12/15/2007 - 11:58

( Posts: | Credits: )