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I need help!

Date: Tue, 05/01/2007 - 15:20

Submitted by anonymous
on Tue, 05/01/2007 - 15:20

Posts: 202330 Credits: [Donate]

Total Replies: 44


Okay...I live in Florida and I have 11 payday loans. They are all online PDL's. I have debt consolidation for my credit cards, and the only way they will do payday loans are if they get sent to collections. I dont want them to go to collections, Should I just let them go to collecions and let my debt management plan take care of them??? I'd would like to pay them off one at a time. I am just confused about the laws here. Florida law says that there are no rollovers allowed. Is that the same as "renewals"? If it is, then I have more than paid off all of these loans, just on renewals alone! How do I find out if these PDL companies are licensed in my state? Should I just close my checking account and let all of the payday loans be returned? Then work with one at a time? I am extremely stressed out about this and am seeing a shrink from all the stress. Can someone please help me?? If you could PM me or something, so I can make sure I do everything correctly!
I will just list the companies and how much the loans are for:

Payday Select- This started out as a $500 loan and now is up to $700.
Paycheck Today- $300..I have renewed this loan 3 times already, have not began paying on principal
Cashnet USA- $200. This is a new one and I have only paid one renewal fee so far
Cashtree- This was sent to collections for $395 and I have worked out a payment plan with them but its still too much money. Can I negotiate with them some more??
Eastside Lending- I believe this was $200 and I have paid about 100 so far. I cannot find any information for them
Payday Yes- I dont even remember how much this one was for. My online access to my bank account doesn't go back that far.
Payday Cash Link- $300- have only paid interest so like two times.
One Click Cash- 300.00- I have only paid two interest payments on this
United Cash Loans- 150-have only paid interest so far (2 payments)
VC Funding- $250.00- have only paid 2 interest payments

I am so depressed about this and feel like there is no way out. I cant pay my phone bill or electric bill or my childs daycare because of all of these loans. Can someone please help me?? I really feel like a horrible person and I have had to borrow money from friends to make ends meet. I need to pay my friends back first, but with all of these loans, I just cant do it! Someone PLEASE help!!!


I will recommend that you call the loan companies and put a proposal. They might be willing to work on your terms because they want to get their money back. If not, they will send it to collections and then you can ask your debt management company to deal with the collectors.

Look for the loan company's licensing info in this website.

http://www.flofr.com/licensing/Download/mtlist1.zip


lrhall41

Submitted by Trenity on Tue, 05/01/2007 - 15:28

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I went to that website and none of these payday loan companies are on that list that I could see. Do I need to check the state that the PDL companies are in as well?? Either way, rollovers are not allowed and I HAVE rolled over these loans A LOT!! And I am sure I have paid off half of them just in interest payments. PLEASE HELP!!!


lrhall41

Submitted by on Tue, 05/01/2007 - 15:46

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First off you are not a horrible person!! You just got stuck in the pdl trap. I have been there and there is a way out.
Yes roll overs are just like renewals. You could go to your bank and ask for copies of your bank statements, they can go back as far as you need. You may have to pay for copies of them, but it is worth the price to know exactly how much you have paid to them. And while you are there I would close your checking and open a new one. And as soon as you do that you will have money to pay for the things you need.
When you start getting calls or letters from the collections dept. one these, get their info so you can add them to your management program. But first I would send letters to these places as soon as you find out how much you really paid them and try to settle the balances on your own. I am in the process of doing that myself right now. I had 10 internet and 10 storefront loans out at once. A couple of the internet loans my states DFI have right now and they tolf me not to pay until I hear from them. So if you write letters, send them out cert. mail with return reciept requested. Keep a copy for yourself. Some people in here got their loans marked PIF. I would hope the same goes for you on some of these loans.


lrhall41

Submitted by puddlejmpr on Tue, 05/01/2007 - 15:50

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No, in Florida the pdl's should be licensed in Florida to be legal. I would call your state's banking dept and or attorney general's office and make complaints against these companies.

Also, yes, close your bank account. If you've paid more then you should in "fees" alone, then you should close the account. The pdl's will not work with you if they still can get into your bank account.

When you close your account be sure to ask your bank what their policy is on closed accounts and ach transactions. Some banks will "force" open the account if an ach transaction goes through within like 30 days of the account being closed. If you bank does this ask them to put the account of credit only, or whatever they call it. It makes it so only money can go into the account. For money to be withdrawn you have to be in the bank and ask them to lift the hold. Stop payments won't work as these companies have many different names and will still hit the account using paper checks.


lrhall41

Submitted by goudah2424 on Tue, 05/01/2007 - 15:50

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Okay....should I just close my account as soon as possible? And open another one? I just don't know what legal recourse I have. I want to pay the loans back, but I want to pay what I owe, not all these fees. The thing that gets me is that Florida law says that there are no "rollovers" allowed. What does that mean??


lrhall41

Submitted by on Tue, 05/01/2007 - 15:56

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My bank told me to close my account completely. They said that even though my account is overdrawn (thanks to these stupid loans) that the worst that will happen is I will get sent to Checkystems. But she said that if I open a new account now at a different bank, then its not a big deal. My account has been overdrawn every payday for the past three months and I've had to borrow money from friends in order to stay afloat. I can't do it anymore. How would I go about reporting these companies to the Attorney General's office?


lrhall41

Submitted by on Tue, 05/01/2007 - 16:02

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I would close your account now, do not wait for them to take more fees out of your hard earned money. Then send your proposals to the pdls stating what you have paid, and what is due and when you will be paying and how much you will pay, and stick to your payment arrangement. Demand that you pay with money orders, if they don't want to give you a physical address insist that this is the only way you will be able to pay them and most importantly DO NOT give them or anyone else your new account information.


lrhall41

Submitted by Pauli'sGirl on Tue, 05/01/2007 - 16:04

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So I should try to settle them myself first? I would almost rather let my debt management plan settle them for me, but if I have in fact paid some of these off just by renewal fees (since rollovers are not allowed) what do I do? what types of letters do I need to do? I dont understant a lot of the laws (its all a bunch of gobbledy gook to me). COuld someone help me write a letter???


lrhall41

Submitted by on Tue, 05/01/2007 - 16:08

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If you are already in a debt consolidation plan, ask them if they are willing to deal with the pdl's some will and some won't, but you will need to know the amount of your loan, renewal fees if applicable and how much you have actually paid to the pdls. I'm not much good with the laws and the letters but there are letters here on the site that you can access and modify to fit your situation, hopefully the moderator can give you the link and advise you that matter.


lrhall41

Submitted by Pauli'sGirl on Tue, 05/01/2007 - 16:11

( Posts: 344 | Credits: )


Definitely close your bank account and open a new one else where. Get control of your paycheck. If you want open a new account at another bank. Be proactive and get these pdl's to play ball on your terms. Get the info on Florida's PDL laws (I did and it's like having a nicely sharpened sword of knowledge). Most of these companies (or all of them) are probally not even licensed here and that's more ammo for you. The more you know about the laws the less they can try and bully you with nonsense. The tune always changes when they know you know what you are talking about.

Hanging in there and God Speed!!!!

-S


lrhall41

Submitted by smk77 on Tue, 05/01/2007 - 16:18

( Posts: 8 | Credits: )


Thanks for all of your advice! I am going to open a new account tomorrow. That way I can pay what I need to pay (car, gas, daycare, phone, cable, electric, water) and start paying my friends back! Paying them back is more important to me than these loans! Can someone send me the link to the sample letters?


lrhall41

Submitted by on Tue, 05/01/2007 - 16:22

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I am so angry! I just went back to see how much I have actually paid on these loans, just in fees and this is what I've found:

Payday Select- Original Loan amount was 500...I have paid ` 344.42 so far in fees
Paycheck Today- Original loan amount was $300- have paid $270 in fees
Cash Tree- Original amount was $300- have paid $300 in fees and my balance is $395
Eastside Lending_ Original amount was $300 (I think)- I have paid 462.50 in fees
Payday Yes- Original Amount was $300 ( I think) - I have paid $480 in fees
Payday CashLink- Original amount was $300- Have paid $180 so far in fees
One CLick Cash- Original amount was $300- I have paid $180 in fees
United Cash Loans- Original Amount was $150- have paid $165 in fees
VC Funding- $250.00 Have paid $150 in fees

Now what do I do??? I have paid off almost ALL of these loans in full.


lrhall41

Submitted by on Tue, 05/01/2007 - 16:49

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Thanks, but I am trying to get rid of payday loans, not get further into debt by taking out more!


lrhall41

Submitted by on Wed, 05/02/2007 - 00:30

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I just spoke to the collection department at Payday Select. I am past due on this account and I owe $761.00 on a $500.00 loan. They are willing to settle for $500. I don't have that kind of money. They won't accept a money order; Debit/Credit or Western Union only. They want my answer today. I am at work and crying like a baby!!! Someone please help!!


lrhall41

Submitted by on Wed, 05/02/2007 - 06:29

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Buble - Just know that these companies can not DO ANYTHING to you. They will threaten and lie and get you all twisted up inside. They are trying to scare and intimidate you into paying more then you legally owe.

Payday Select isn't licensed in Florida. I would tell them you will pay them what you owe, and that from now on you will only communicate through email or letters. That way to can possibly avoid some of these upsetting phone calls.

I would write letters to all the pdl's and tell them the same things -
1. You revoke any and all authorization you gave them to debit in any way any account you may have.
2. You revoke any and all wage assignments you may have signed.
3. You will only communicate through email or letter. All communication MUST be in writing or you will not respond. Also, they are not to call you at your place of work under any circumstance.

You can also add the info about them not being licensed, and not following Florida laws on rollovers here.

I would also contact your states dept of banking and attorney general's office and file complaints against these companies.

Take a deep breath. Just know that there really isn't much they can do to you. That is why they are trying to scare and intimidate you into paying. A legitimate company would have legal recourse to collect on the debt. They don't!


lrhall41

Submitted by goudah2424 on Wed, 05/02/2007 - 07:25

( Posts: 7935 | Credits: )


Also I would not pay them by debit card, credit card, check by phone, western union or money gram. The will continue to debit your debit card or credit card as often as they do your bank account. When mine were at their worst I had closed my account and when the called I told them I didn't have a bank account, one of the collectors actually insisted that I give a friend the money I owed and get the friends checking account or credit card info & give it to the pdl so they could get their money. They will try anything to avoid letting the public know where they are actually operating from, probably because they are operating illegally in most/if not all of the 50 states. Just keep insisting if they want their money you will pay them however you will pay by money order only.


lrhall41

Submitted by Pauli'sGirl on Wed, 05/02/2007 - 11:03

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Hey Bublefan1,
First off... Stay strong. They will bully you. One of mine called me at work today and began the usual borderline harassment talk. They cannot do anything, except maybe report your unpaid debt. Keep a cool head about it all. I almost lost my cool with this person and that won't help either. I'm working with a debt management plan and I had my counselor call them back. Even though they said they own't talk to athird party. BLAH BLAH BLAH...
The main thing about Florida laws on PDLs you should focus on is the rollover, meaning what ever is loaned is paid back on your next payday (including fees, etc...) Also, the interest amounts are extremely important. Most Internet loans charge way to much. I'm sure someone on the forum can help you calculate what you really owe. I'm new to this myself and learning as I go and I don't want to misinform you. In Florida criminal action is prohibited. They might try to sue you, but the reality of court fees and such make that highly unlikely. Due to the fact that most internet payday loans are not licensed in Florida (or anywhere) will help your case. Don't stand down you are on the right track.

-S


lrhall41

Submitted by smk77 on Wed, 05/02/2007 - 15:55

( Posts: 8 | Credits: )


Well, I had been hiding this terrible secret from my husband and I finally broke down and told him about my payday loan issues. He is going to pay them off for me. He just wants them gone, so we can move on. I feel like a great big weight has been lifted off my shoulders. I WILL NEVER EVER GET ANOTHER PAYDAY LOAN AS LONG AS I LIVE!!!! I just need to get United Cash Loans and One CLick Cashs numbers. Wanna hear something funny? I searched on here for a number and found one. I called and the lady said "thank you for calling" I asked her if this was United Cash Loans and she said "maybe" How funny is that? Then I asked her what my balance was and she said that I would have to call customer service; that I had reached the collections department. So I asked her what the customer service number was and she didn't know!!!

Also, I settled with Payday Select for $350. I dont want to fight with them. But she wants me to send the money Western Union. I don't feel comfortable doing that. Should I mail a money order? How can I make sure that they get it??? Does anyone have the address?? How about for One Click Cash and United Cash Loans?


lrhall41

Submitted by on Wed, 05/02/2007 - 17:11

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I just got all my balances and I owe $2622.59 in PAYDAY LOANS!!! I cannot believe it!!!!


lrhall41

Submitted by on Wed, 05/02/2007 - 17:34

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I just read Marauders11's success story with Payday Ok. I have a loan with Payday Select that I want to try to have marked Paid in Full and possible get a refund. This is the situation:

I originally took the loan out on 4/24/06 for $250.00. I paid all of the interest payments as I was supposed to, but I also took every increase that they offered. The total amount that I borrowed was 597.51. I have paid back $1238.65 already. How can I word my letter using the Florida laws to make them understand that I WAYYYY over paid this loan? I don't know how to figure out how much I should have paid. And besides that, ROLLOVERS ARE NOT ALLOWED IN THE STATE OF FLORIDA! How can I word it? This is the only one I really want to fight because it's in default and my balance is $751.00. They offered to settle for 350.00 but I don't think that's acceptable! PLEASE HELP!! I want to send the email today!


lrhall41

Submitted by on Fri, 05/04/2007 - 05:46

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Here You Go- make sure that you log-into your account BEFORE sending anything and print out a copy of your loan history- Once you start this process they will de-activate your log-in access.

-----------
Quote:

May 4, 2007

Your Name
Your Street Address
City, Sate, Zip
Phone #
E-Mail

PayDay Select
paydayselect.com
2207 Concord Pike, #607
Wilmington, DE 19803
Phone #:(866)554-5762
Fax #: (866)554-5764

Regarding: Loan ID: Your Loan # Here

To Whom It May Concern:

This letter is to inform you that any further payments to Pay Day Select will not be honored by my banking institution. As of today, May 4, 2007, I do not authorize Pay Day Select, nor any representative, parent company, affiliate, or subsidiary of one Pay Day Select, to withdraw any funds from the checking account under the name of YOUR NAME, account number XXXXXXXXX, located at XXXXXX Bank.

I reside in Florida, and have for the entire course of the loan I received from you.

According to Florida Citation: Fl. Stat. Ann. ???? 560.401 et seq.; Rule 69V-560.901-912 Pay Day Select is in violation of my state????????s lending laws.

Citation:
Fl. Stat. Ann. ???? 560.401 et seq.; Rule 69V-560.901-912
Loan Terms:
Maximum Loan Amount: $500
Loan Term: 7-31 days
Maximum Finance Rate and Fees: 10% + verification fee
Finance Charge for 14-day $100 loan: $15
apr for 14-day $100 loan: 390%
Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: None (cannot rollover)
Cooling-off Period: 24 hours
Repayment Plan: Yes
Collection Limits:
Collection Fees: All charges imposed on the lender by any financial institution; lender not entitled to treble damages
Criminal Action: Prohibited
Where to Complain, Get Information:
Regulator: Florida Office of Financial Regulation
Address: Division of Securities and Finance, 200 E. Gaines Street Tallahassee, FL 32399
Phone: (850) 410-9805
Fax: (850) 410-9748
According to Florida State Law, PayDay Select has not only charged me illegal and excessive interest rates, but your company has also violated the ???????no rollover??????? clause by allowing my loan to continually be renewed causing gross overpayments. In addition the maximum term for a small loan is deemed to be 30 days. My loan with PayDay Select has been active for XXX days- yet another violation.

As of May 4, 2007 Pay Day Select must cease to charge my bank account and zero out my current loan balance because all deposits made to my account have been met with debits already previously paid. I am expecting Pay Day Select to mark the account under the name of XXXXXX as ???????paid in full????????.

Furthermore, when taking out this loan with Pay Day Select, I was unaware of the Florida state laws that governed this transaction. I have in my possession a printed copy of my loan history with PayDay Select obtained from your Web Site that shows the amount of disbursements and payments made on my account. These transactions are all supported by bank statements also in my possession. These records indicate that PayDay Select has received a total of $XXXX in payments for a loan amount of $XXXX. This represents an approximate $XXXXX overpayment.
I am requesting that PayDay Select mark my account ???????Paid in Full??????? and issue me a refund in the amount of $XXXX for overpayments made.


At no time will Pay Day Select any representative, parent company, subsidiary, or affiliate of Pay Day Select, place any derogatory mark on my credit report with any credit bureau, nor any other check writing database, such as Teletrack or an equivalent database. If Pay Day Select does not abide to the settlement conditions stated above, I will have no choice but to formally complain to, and request that the Attorney General of Florida, XXXX(Instert AG????????s name) file criminal charges against Pay Day Select for its illegal lending practices to the consumers within the State of Florida.

All correspondence as of today, May 4, 2007, shall be in written form either through the email address, XXXXXX.com I provided to you at the time of the application, or via The United States Postal Service to, STREET ADDRESS, CITY, STATE, ZIP. Please acknowledge receipt of this letter, and acknowledge acceptance of, and willingness to adhere to the settlement described above, in writing, within 24 hours of receipt. If I do not receive this acknowledgement within 24 hours, I will begin the legal proceedings described above. I hereby also revoke your right to use any wage assignment that may have been signed upon application of the small loan. You no longer have my permission to use this wage assignment. I also revoke your right to call my employer, any reference, or any phone number besides the following phone, XXXXXX

Sincerely,

XXXXXXXXX


cc: XXXXX Bank


lrhall41

Submitted by Marauders11 on Fri, 05/04/2007 - 07:11

( Posts: 9 | Credits: )


No problem- let me know how it turns out.

They did not ask for any additional information. My position when dealing with these PDL companies was to send them all letters and then let them refute my claims. If they are legit and have followed the laws they will let you know about it and worst case is that you may have to work out a payment arrangement with them. If they are not legit hopefully you will get them to send you a "PIF" notice, or if you hound them enough and substantiate your hounding with factual information at the very least they will cease and desist and at let the matter drop. Best advice I can give is to be firm and diligent- take control and force the action, don't let them tell you how it's going to work- you tell them what you are willing to do and not do and stick to it regardless of what they try to do to dissuade you.

As for Paycheck Today- I don't think they are licensed anywhere? Do a search on the main page and you'll see some reports on how others dealt with them.


lrhall41

Submitted by on Fri, 05/04/2007 - 08:19

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I received a response from Payday Select saying that they were reviewing my claim and they would respond within five business days. How often should I send letters to my other lenders? I sent each of them an email on friday and gave them 24 hours to respond. The only one I've heard back from is Payday Select.


lrhall41

Submitted by on Sun, 05/06/2007 - 11:18

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Still nothing from anyone! I did get a "courtesy call" from Eastside Lenders stating that my payment would be debited on 5/14 from my account...no it won't! I just sent them a letter..again. I just really want to settle most of thses as soon as possible! I technicall only owe most of them like $30-$60 dollars and want to send them what I owe. Should I go ahead and send them what I legally owe, or should I wait to hear back from some of them??? PLEASE HELP!!!


lrhall41

Submitted by on Tue, 05/08/2007 - 10:54

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Bublefan, revise the state laws once again to make sure what you actually owe and then draft the settlement letter. If you don't want the debit to take place, tell your bank and get their debit blocked in advance. Show all the payment details to your bank so that they are willing to help.


lrhall41

Submitted by weeswie on Tue, 05/08/2007 - 14:51

( Posts: 382 | Credits: )


I have already closed my account at my bank and have done all of my research as far as state law and how much I owe, etc... I am just wondering how long it usually takes to hear back from these places. I am willing to pay my debt, but only what I legally owe, not what the PDL company says I owe. Legally, between all of my loans together, I owe about $200.00, which I can handle. I am just wondering if I should wait to hear back from them, or if I should go ahead and send them what I legally owe them.


lrhall41

Submitted by on Wed, 05/09/2007 - 05:14

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I went to my Paycheck Today account and yesterday it said that I had a payment of $390.00 due to be taken out on 5/14. I sent them ANOTHER email, stating the Florida law and that I will only pay them $40.00 which is what I legally owe them. I have not heard a response yet, but when I went to check, it says, "We cannot process your loan request at this time". Does that mean they received my email???


lrhall41

Submitted by on Wed, 05/09/2007 - 06:18

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Sometimes it takes a long time before you hear from anyone and sometimes you don't hear from them at all. Be patient and don't be afraid to send more letters, even if it is the same exact letter you sent before. I did that with my pdls, sent the same one a couple of times with a note saying 2nd letter, 3rd letter, etc.


lrhall41

Submitted by 2nband on Thu, 05/10/2007 - 10:10

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