I noticed something on my Cashland PDL contract...

I'm not sure exactly what it means, but I do know that it does not mean wage assignment. Cashland would have to get a judgement against you in civil court before they could garnish your wages.

Read the contract thoroughly and find out if there is anything mentioned about wage assignment. It's natural for any company to inquire about the person when s/he goes out of their reach when a payment gets missed.

If it meant wage assignment, wouldn't it have to be printed on the contract in plain site?

I've dealt with this storefront before and that is how I know what their procedure is.

No, I read this clause to mean that they can go searching for any other accounts that ladybugmisty may have, in any other bank. They will use her SSN to find the account and withdraw from.

Wouldn't have to have a court order to do that? Seems like that would be an unauthorized debit.

I don't know...I've read quite a few threads here where that happened. I think the "to assist in the collection of the account" gives them a bit of leeway to make it happen.

Oh no, now I am scared. I have a loan with Cashland I am in default on. I am going to consolidate it with T & C but I have to get the $155 first. I hope to God they can't get money out of my new account!! :(

Sass,
Simply type up a letter stating you are in disagreement with that clause and forbid them to use that based on federal laws governing privacy of financial information.Send it certified return receipt.Ensure employer and any financial institution has a copy along with T&C. I am gonna dig up that law and get back to you;

Sass and Op,here is link for that financial privacy law.The good thing about this is it applies to anyone with access to this info.,not just collectors.
http://ftc.gov/privacy/glbact/glbsub1.htm

Thanks a lot, Cajunbulldog. I will do that. What a nightmare...I never realized they could go look for a new account and take money from it!!!

I have a new bank account, too, and I'm hoping they can't get access to it...:(

Use the above info that cajun provided. If they still try, they could be paying money, instead of collecting it.

Some banks allow businesses to debit your account with your ss# and a signed contract. So if they find out what bank you are with they can get into your account.

But is that legal to do? And if so, how soon could Cashland do that? Could they do that like ASAP? I have them with T&C, so I'm hoping not.

No, they can not just withdraw from her account. They would have to go to civil court in OH and get a judgement. They can then garnish her wages. The State of OH government does not allow for voluntary wage assignments of its employees it must be a court ordered garnishment. Also, by OH pdl law, the consumer is entitled to a re-payment plan.

Steelers, thanks for reminding me of that! :)

I tried looking for OH pdl law on the internet, and I couldn't find them. Where exactly is the law posted at? I'd like to have a copy for my records so that when I have to talk to the pdl people, I'll have the laws in front of me.

When I spoke to Cashland a long time ago, they stated they have to run the checks through and the it would go to their collections department. They said they would work with someone on payments but they have to pay half of what is owed up front or something like that. I've heard they are easy to work with. Have you contacted them to let them know about your situation?

T&C informed me to not contact Cashland or any of my other pdls, to let T&C deal with them. So, I'm abiding by T&C's suggestion.

[Thanks a lot, Cajunbulldog. I will do that. What a nightmare...I never realized they could go look for a new account and take money from it!!!]

Hi -- just throwing my two cents in here, but wouldn't they need express permission from the accountholder to do anything with another account? I mean, I know from experience that we had to sign a form granting permission for the company to use the account (like the direct deposit form you get from your job).

If the company doesn't have one of those forms with you giving them permission, can they really do anything??

If it's in a signed contract isn't that express permission?

It is permission in my opinion.That is why I think a letter revoking the contract would suffice in blocking that provision.

I agree. Per the Electronic Funds Transfer Act:




So you have the right to revoke any authorization to your account, and the business cannot require you to give them access to an account.

Business's can't require you to give access to your account, but most of these people hope you get scared of their baseless threats and that you do not know your rights to protect your account. I like it when they say you have to give me your account information. I tell them I don't have to give you @#*&.

I wouldn't think they should just be able to get into your new account number if they were able to track that down. That seems totally unethical to me. Yet, look at the industry we are dealing with here :roll: No one tried it when I went through this but all of mine were internet based.

I am having a problem with them also. In fact when I told them that I was filing for bk, the lady who called me asked for the case number. Since I have not paid off my attorney as yet I only have a record number and this is what he told me to give the creditors who call me. She then asked me why I have not filed yet. I told her then that if I had the money to pay off my attorney that I would have paid cashland. she called me again today asking me for a case number and I told her the same thing (she called me at work.) When I got home there was a message on vm from her at 4:58 and she proceeded to say that since we talked she was going to have to go to legal and thatmaybe I should file bk before the legal department gets in contact with me and then she said the "Good Luck" thing at the end! This is a vm that everyone in this house has access to and this is no ones business but mine! I am beyond pi@#ed!!

She is trying to bully you. How much longer until you get the bk attorney paid? Just give them the record number. Hopefully you can get him paid soon. Let legal get in contact with you. Just state this is my record number and this is my attorney's number, leave it at that. Don't tell them you haven't paid him completely.

Thanks Steelers - this is really the only one that has been giving me a hard time and today was a sucky work day or I would have been more composed. I am contacting my attorney with the phone number for cashland and let him hadle it. He told me to do so if any creditor was giving me a hard time.

Irish,
Let your attorney earn his fee.If they call again,refer them directly to the attorney.

I'm with you Cajun. That is what his fee is for. Let him take on your stress of this company. Sorry they are giving you a hard time. You will be done with this soon.

Oh he will earn every penny of it. Normally this jane wouldn't have gotten to me, but her snippy attitude just set me off. Thanks for the support Steeler and Cajun. It is like the hug I needed.

That is not a problem Irish. I figure they charge enough for that lawyer title,let them earn their money. :lol:

Hi, I am back after a nice long weekend....

About my comment/question about "express permission" on the 20th of March...

Yes, if you sign a contract and it is associated with one bank account you have, I don't think that they are allowed to do anything with another bank account, since it is not associated with that contract.

That is what I was getting at, and asking about.

Cheers!

I have been dealing with CashLand for a few weeks now. The guy Drew has been a total a$$, not to mention everytime I call that company I NEVER get a real person, even during regular business hours, yet there seems to be no way to get a real person. CashLand called me a few weeks ago saying that I needed to step into the store and resolve the issue by 7pm as I was at work when they called I didn't get the message until 11pm, so either as soon as I got home or the next day I called them back, only to get a general voicemail box. In my message I explained what was going on (I had to put nearly $1,000 worth of work into my car in the matter of 2 weeks) and that I would be able to resolve the issue on 7 July 2007. I hadn't heard anything more for a few days, so I assumed they accepted my arrangement to take care of the issue on 7 July. Yet another call from the oh, so charming Drew, again saying that I need to step into the Cleveland Ave store and resolve this issue (wish I would have saved this message). I am off on this day, so I call back ASAP, this time I get a real person only long enough to explain to her why I am calling when she says, OK let me transfer you to Drew. According to "Audix" (a voicemail system) "Drew, is busy" and I should leave a voicemail. I leave a message referencing my voicemail on the general mailbox and again say I will be able to resolve the issue on 7 July 2007. Again no communication with the company (I assume it is accepted), until 29 June 2007, Drew calls yet again claiming to have previously called saying that the issue needed to be resolved during June (first my payday was the week before and I wont get paid again until 6 July, second in the message he is referencing he only said the issue needs to be resolved, finally this is the last BUSINESS day in June) again I get the message at 11pm upon arriving home from work, I call them back either when I get home or the following day (saying I will be able to resolve this issue on 7 July 2007). It is now 2 July 2007 and I get another message from Drew, this time before I go to work, saying that the issue needed to be resolved during June and that 7 July would not be a possible date to resolve the issue and saying something about roles being reversed and that the company is demanding their money (I think to myself I would gladly give you the money, if I HAD IT). I attempt to contact the company again only to get voicemail, at this point I'm running late for work so I give up and go into work.

This has been on my mind all day long, and obviously (as it is 5:00am EDT) I am not sleeping because of it. As I have read here, those in Ohio (where I am) with PDLs in default must be granted repayment options does anyone have or know where I can obtain this law? Wouln't my voicemails to the company constitute an attempt to set up a repayment plan? I don't know what else to do, I am totally stressed out about this. Any advice would be wonderful!