God I need help

Okay, I just got off the phone with Trish from the AK Banking Dept. She gave me a lot of information and I tried to take good notes so here it goes:

We need to check with the Scecretary of State to see if these companies are registered with the state. This is different then licensing.

If they aren't registered no legal action can be taken against you. They must be a registered business to use the courts of AK.

Since you already have you bank account closed, you need to write some letters to the companies telling them:
1. You have closed your bank account due to information found on the internet that said that companies such as yours regularly initiate fruadulant debits of bank accounts. While this hasn't happened to you, the potential is large enough that it warrents your account be closed to avoid potential fraud.
2. You want to set up a payment plan. Offer them only what you can realistically afford to pay each month. Ask that the ridiculous interest rate be lowered. Offer to pay them only a certain amount each month, for x amount of months, to be paid in full. Tell them you will send these payments in the form of a money order.
3. Revoke any and all wage assignments you may have signed in your contract. Revoke any and all authorization you gave them to debit any bank account you may have.
4. Give them about 2 weeks to answer you in regards to the payment plan.
5. Send these letters registered mail.

I was told that since these are internet payday loans, and the AK laws only applies to check cashers giving loans, that AK has a "loophole" that allows these companies in. But if they aren't registered with the Sec of State they cannot do anything to you. They can't sue you, garnish your wages, freeze your bank account, nothing.

You need to protect yourself from these companies. Do you still have copies of the contracts? Find them if you can. Keep documentation of everything. Organize it so that you can easily reference it. Maintain paperwork on everything you do.

I was also refered to this website by the AK banking dept! I was told this is the best site to get info on these companies!

After you write these letters, if you get no response you may want to consider consulting with an attorney. I asked her about the interest rates, and if I only paid $10 a month, and the interest each month was $50, wouldn't I be paying $10 a month forever? That was when she suggested I talk to an attorney. Since AK laws don't apply to these places there is no interest rate cap.

I know this may be a lot to take in right now, so if you have any questions please ask. I'm going to review my info and see what else I can think of to do . . . . But you are already on the right path, and your state is fully on your side with what you are doing.

Thanks for the info, your right that's alot to soak in. But I guess the first thing needing to be done is to see if they are registered, so I've already emailed the Sec. of States office, if I don't hear from them in the morning, I'll call and hopefully they can tell me over the phone. Tonight I'll write those letters, which I have to say won't be easy for me, I can never think of how to put things, so I'll have to run it by the nice folks here to make sure everything sounds okay. And your right, I can't afford to pay them much more than $10.00 a month, and if they don't want to waive fees I'm in trouble, because I just plain and simple cannot afford an attorney by any means, if I could I would have hired one to get my child support and I wouldn't be in this mess to begin with. Kinda ironic huh?
So my best bet is that hopefully they aren't registered with the state, right? Then all I would have to pay them back is the principal amount? Now did Trish have any idea if ANY of the internet payday lenders were registered? I would think that would be something that others in Arkansas be interested in knowing. I'll sure be letting people know either way about the three I'm dealing with. I got plenty of questions, but I think I should deal with the letters tonight and see how that goes. One thing though, I did revoke authorization to these people and I included the Arkansas laws that now I find out only apply to check cashiers, so how do I word that I made a mistake? Or do I even mention I made a mistake, see I'm sooooo confused and do most things backwards. Goudah, I not only owe you lunch but a couple of dinner's too! By the way the bank got my money, I was able to pay the electric bill (didn't get it shut off), paid my house payment, and even managed to but a few groceries.

I wouldn't mention for now about the check casher laws . . . . I'd wait for a response from them to go there.

I'm so glad to hear you got your electric bill paid. I bet that's a huge relief!

It's a good idea to post your letters here before you send, that way you can get a couple people's opinions about it before you send it off.

Just a help I hope..
Years ago when my son was about 6 I had my electric turned off.. and I too was going to send him to his dad's for the night I was so upset.. but he stayed with me.. we played games by candles and "Made a Camp" and slept in it.. went to bed early. I am not sure what your weather is like.. But you can make it a game if they turn the electric off.. ( and I would also try calling again) explain you have a child in the house and you are only asking for a day or 2.. In Cal they have to leave it on if you are elderly or very young..
good luck with the bank

I didn't say any company names to Trish, but she did say that a guy called her last week with 12 pdl's and none of them were registered. So odds are probably good your's aren't.

Before I get started on my letters just want to say again because I just can't say it enough, everyone here is so great, and it's really so great to know there are people who care enough to help someone out when they need it. Hopefully when I get through this, I can return all the help I'm getting by helping someone out myself.

If you do need some extra help I would recommend calling Trish at the Arkansas Dept of Banking/Check Cashers at 501-371-1434. She was super nice and really seemed like she wanted to help.

I am so glad that things worked out for you and you were able to get the electric bill paid and everything. I know you feel a hundred times better right now! Keep your faith up! It will all work out.

I'm so glad things are looking up for you! hang in there and keep your chin up..We're always here for you.

Sandy,
See, it did work out with the electric co.! We were right, huh?? Now we've got to tackle those PDL's-and if we help each other, we're going to do it, right?

Yes you were right, I just need to have a little faith. Now I'm writing the letters Goudah suggested for me to. Trying to keep it in my words, without my words sounding lame. I did have a question about when a bank reverses the charges, how do they get the money back once the debit has already gone through. I don't get that part. I just don't want the bank to come back to me, they didn't even ask to see the email I sent or anything, they just filled out the paperwork and I signed it. That part scares me a little.

I donated my Debtcc Points (about 280 or so) to you Sandysbox. My best wishes to you and your child.

Oh my gosh! THANK YOU! What can I say, I'm at a loss for words. And trust me if you talked to people who know me,they would same I'm not at a loss for words all that often. This may sound off the wall, but it makes me believe when someone who doesn't know you is willing to show that much kindness it makes me believe that the world is still a good place with good people. Thank you again!

Okay guys, I finished the letter. This one is to Sonic Cash, but I thought it would be okay to send the same letter to the other two just fill in the proper dollar amounts on each one. Be sure to let me know what you think and what I need to correct.

How does that sound? Need something more, or do I need to take something out?

Now I'm attempting to settle with these people for a dollar amount, and with two of these places I agree that I still owed them some and I'm even to pay more than I feel is fair, but to MyPaydayLoan I borrowed $300.00 and have already paid them $450.00, so does anyone have a suggestion as to how much more I should suggest to them for a settlement, I can't really come to a decision on that because I believe they have already made enough off of me, but I know I have to decide on something to offer.

When a bank reverses charges they either eat the cost, or go after the company that took the money and try to get it back that way.

I think you've paid enough to mypaydayloan. Have you heard back about their registration with the sec of state yet? That may be an important factor in how to deal with them. If they aren't registered, I'd write them saying that you checked with the sec of state and they are not registered to do business in AK, and that according to the AK banking dept, all businesses, even electronic businesses that aren't physically located in AK, must be registered to do business in AK. Because of that, you want your loans marked paid in full. It may work, and it may not, but at least you will know that since they aren't registered you can't be sued or have your check garnished.


I think your letter sounds good. The only thing I would add, is if they aren't registered, I would add that you've checked for their business registeration with the sec of state, and couldn't find their registration. That may make them more likely to want to work with you if they know you are checking with state officials about them. I would also put a cc at the bottom the letter with your state banking dept info and copy the letter to your states banking dept.

Sandy ~ just wanted to say I am proud of you! You are doing good!! Keep it up and keep that faith up!!!

Thanks, I'm getting a little bit more hope than I had before. I just now got in from taking my daughter to the doctor. She woke up about 1am vomiting and had a fever of 101.4, so I've been there since 9 (my time) and just got her settled in. The doctor gave her some medication for the nausea, he said it would make her sleepy, she fell asleep on the way home. I worked a sweat up when I had to carry her in the house, she's not a little thing anymore, she's almost 5 but looks like she's about 7 or 8, gets that from me I'm pretty tall myself. Anyway she's resting, going to check my email, and if I haven't gotten anything back, I'll call them. All this activity and I have to work tonight, so at some point I've got to get my baby girl to her dad's so I can get ready for work. Anyway, I'll let ya'll know what exactly I find out.

Oh, I forgot to mention that I went to the website for the Sec. of State, and they had a place where you could search for business' that were registered with the state, I tried every single name that I know these IPDL's go by and none of them turned up. But I'm still wanting to confirm that with someone in the office just to be sure.

Okay, someone named Phil Jordan emailed me back from the secretary of state's office. He told me every business that is registered with the state can be found through the entity search on their website. So he suggested that I do that, which I've already done. So should I still call the office, or what? I'll do the search again. I know they are busy, and have lots to deal with, but maybe I could email him back and let him know I have done a search came up with no results but I would just feel better confirming it with someone. What do ya'll think. See this is me not wanting to bother someone, I hate feeling like I'm a pest or something. I know I need to learn how to be more assertive.

Okay another update, I went to the search engine on the sec. website, and entered every name I had for these people both under both name of company or fictitous name, got nothing on any of them but when I entered cashnet(which is another name payday-loan-yes goes by) under fictitous name, it had a hit. Cashnet Financial Group, Inc., now can someone tell me if this is the same business as payday-loan-yes, because in the event that it is, the website says that their status has been revoked.

One way you can check is looking up their addresses. You can also check on the BBB website, they sometimes list other names the business goes under.

Sorry to hear you little one is ill. I do hope she gets better soon.

Yes, check addresses because so many of these places have different names but same address right down to the PO Box or Suite #.

I started with Sonic Cash, the BBB doesn't have any other name for them, but there are 2 locations both located in Boise, Idaho just at seprate location, and they both have the same man listed as prinipal partner Charles Cary. They are licensed by the Dept. of Finance in Idaho, but are not registerd with my state. So since they are licensed in Idaho do they still have to be at least registered in my state to do anything?
Okay now I'm going to check out Payday-Loan-Yes. Sorry I have to do these one at a time or I risk confusing myself to death.

Payday-Loan-Yes has a unsatifactory ranking with the BBB, they listed them under other names as Global Payday Loans, LLC. They are located in Murry, UT and are not licensed, nor (big shock) are they registered in my state. Now I know they also go by Cashnet because that's the name that appears on my bank statement. So hopefully I've got this one straigt in my head.

Last but not least, the BBB has nothing on Zarvad III DBA MyPaydayLoan and once again when I searched for them with my state nothing came up for them.
I've tried names and address at the BBB site and that's all I found. Is there any place else I could look to double check. I'm anxious to get the letters revised and to send them out. While I'm still bugging ya'll for advice, do you think in addition to sending the letters out registered with return receipt that I should fax them a copy also?

You know I cannot wait until I can come here and shout, PRAISE THE LORD, I've got it all under control!

Payday yes also goes by cashnet500 . . . There are a few cashnet's going around, but when you mentioned global it clicked. I had a loan with them and they are one of the worst. Be ready for threats and all sorts of nasty things from them.

I was told that they have to be registered in your state if they want to try to pursue any kind of court case against you. That means they cannot sue you, garnish your wages, or anything else like that.

Do a search here for cashnet500 or global payday. You really need to be prepared, they are one of the meanest ones.

My states supervising examinor called them on my behalf, and fought with a guy there for half and hour. Still couldn't get me marked pif, but they've left me alone so that works for me. My state is investigating them.

Sandy ~ it will be here before you know it!! If I can get Route66 out of my hair and get my mortgage caught up, I will be able to shout right along with you. The mortgage I am hoping to have it done by the end of the month and I am hoping I am close to seeing the end of Route66. So far no payment reminders, but we will see what happens on Friday. They might try to withdraw from the account again, but am hoping now. Trying to get that account to a zero balance so I can close it out!!!

2nd band - It took about 2 months of emails and responding to them like you have for route 66 to leave me alone. That's about the best I think you can expect from them . . .

Did both names under Business Name and there was nothing, so I went to fictitous names and searched for global payday, it came up with a hit as Progressive Soultions LLC, says they are out of ID and their status states expired and there is absouletly nothing for cashnet or cashnet500. Would it be safe to assume it's looking better for me now?

Yes, I would be shocked if they were legally registered in your state. They care little for laws and regulations . . . .

Wow, I feel even just a tad better now, I'm going to revise my letters at work tonight, so I can get them in the mail. I was thinking about faxing these people in addition to the registered mail. What to you think?

You have a good leg to stand on it getting these companies to work with you. I wouldn't hold your breath for cashnet500 though . . . . Since they are really bad you may want to take another approach to them.

Do they have your work number? Did you put the numbers of any real references? They will call and harrass these numbers. They called my work, and instead of putting in my extension number, which they knew, they left a general voicemail for the receptionist to find saying I was about to be arressted for fraud, and if my company was smart they would keep an eye on me so I didn't run. They also told me I would be arressted, that if I tried to file BK they would show up and tell the judge I was a con artist trying to scam them out of money, and some other threats . . . . .

I'd fax them also, and if you hage any email addresses I'd send it that way too. The more ways you send it the better.

Sounds like a plan to me! I'll get started tonight, good thing I have a job that I'm able to do while I tend to this too. I guess that would be multitasking. I'll be sure to run my final letter by you guys here just so I can get some different opinions. And again, you guys are lifesavers, really you are!

I did give them real referenes but they were to their cell phones, if they don't know the number they just won't answer the call, but I will tell them to please ignore everything and tell them do not call them any longer. Thank GOD I didn't give them any family members as references. I can't remember if I listed my work number at the nurses station on the floor I work or if I listed the direct line into the monitor room I'm in. I think I gave them my direct line, so hopefully if I did that they can't get through to any other number but mine. But just for safety's sake I'll swallow my pride and tell my supervisor about it just in case. Might have to leave her a note, she's there during the days, and I'm there at night. And can't you get them for harrassment when they contiune to call your employer and they have been told not to?

It's not a FDCRA violation because they aren't a third party collector. You could press charges against them, and you can file complaints against them, but it doesn't seem to have much of an effect on them. They just start lending under another name for a few months until that name is known, then change again.

Now that doesn't sound right, I mean than can just call up your employer and say whatever they want to about you, and there's really nothing you can do. Meanwhile your creditablity at works suffers. And if they call often enough it seems like it could put a person's job in jeapordy. Jesus, that's all I need to lose my job. I will just have to tell my supervisor to please be patient that I'm handling the situation to the best of my ability. Can your employer tell the place not to call there any longer, does that do any good? Oh! While I was typing that I remembered that I must have given payday-loan-yes the direct number in the room I'm at, because when I got to work the other day there was a message for me to call some Janelle Smith. I laughed at first because when they respond to my email I sent them, the first email they sent back was from Janet Smith, and the second was from Janelle Smith. So I thought they sure have alot of Smith's working for them. Seriously I'm worried about them calling my job, I need that job.

The legally aren't allowed to tell anyone about your debt, I beleive. Cajun may be a good one to bring into this, I always get confused what original debtors can do verses thrid party collectors. While legally speaking they can't do these things, they still will. It's also hard to prove.

No one there goes by real names. Tim was the name of every guy I talked to at cashnet500.

My work started telling them I didn't work there any longer. They called for about a month, just randomly pushing extension numbers occasionally to try to get someone to talk to. It does eventually work telling them you don't work there, but it can take a while for them to stop the calls.

I know you can press charges for harrassment if they keep calling after you tell them not to. But it's not like the police are really going to investigate and follow through with pressing charges, unless you get lucky and get a nice cop. My work called the police about route 66's repeated calls, and they just took the report and that was it. It may be different for others though.

Well ya'll my daughter has been picked up by her dad. (that was a shocker usually i have to take her to him), so now it's time to head for work. Can't wait to get started on those letters.

We will await your post with them . . . .

Look at this girl go! Sandy, I like that motivation! Keep it up!

i answer the phones at my job..I can't wait to tell them "she doesn't work here anymore" and they have to leave a message for the supervisor because " she is busy{

Ok,
I will start with this. Go to it and read.
http://ftc.gov/bcp/conline/pubs/buspubs/glbshort.htm
Gramm-Leach-Bliley Act
This is a federal law that governs release of privledged financial information.It is binding on any company that has access to that type of info.
Be back in a bit.Still wading thru the laws over there in arkansa.

All right,
All I can pull right now is pdl must be licensed in state. File complaint with your ag. Pull your state's code for telephone harassment and get familar with it. File charges if they continue harassment.

Thanks cajun, I will do exactly that. Wish I was in a position like nasdam and could answer the phones at work, man that would be sooo much fun when they called asking for me or my supervisor, I'm laughing just thinking about it. Now I've got everything lined up here at work I can start on my letters. Oh and yes I've got like 5 emails today from Tim Atkins at payday-loan-yes (cashnet) they are experiencing a problem with my checking account, now imagine that. I'm going to at least get these letters emailed and faxed tomorrow then send them out registered Fri. when I get off work that morning. Okay guys! I'm off to do some typing!

Found your code for harassment:

Courtesy of:
aardvarc.org/stalking/states/arkst.shtml




Since this penal/criminal code,it applies to everyone.
:mrgreen: :mrgreen: :mrgreen:

Tim Atkins is the name of all the guys I talked to at cashnet500 . . . I got that same email about a problem with my checking account about 40 times . . . If I had any doubts before that it's the same company the Tim Atkins thingy made me 100% sure . . . That's the Tim I was referring to in one of the previous posts. He's the guy the supervising examinor for my state's banking dept talked to. He will just say the same thing over and over that they are licensed in Utah (which they weren't a few months ago) and that gives them legal power to lend in other states. He's rude, and I think he really enjoys his job. Also, I remember a few months back an employee of cashnet500 actually came on this board and started posting personal info about a user that owed them money. Said some very nasty things. I don't know if they regularly cruise this board, but they are aware of it. An interesting thing to note though is when I took my loan out with this company it was under the name cashnet500 . . . . I heard somewhere on this board that now if you go to their website it says cashnet500 doesn't give out loans, they only refer you to a company now. Another name they use is UsaCashExpress . . .

Thanks Cajun . . . . The company I work at ended up filing harrassment charges against route 66, but since their company headquarters are located overseas, maybe that's why nothing ever came out of it. But I don't think many police departments would consider it worth their time to investigate unfortunatly. It would be great if we could nail them for the blatent disregard for people's personal and financial privacy . . . .

Sandy - Did you get some letters out yet?