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Stupid legality issue

Date: Wed, 05/02/2007 - 12:05

Submitted by anonymous
on Wed, 05/02/2007 - 12:05

Posts: 202330 Credits: [Donate]

Total Replies: 10


I live in North Carolina, and have about $3,000 in pdls. I have already paid probably $6,000 for them. I have around 10 of them. I have never defaulted on any of them, and have paid them without question. I am now reading that they are not legal in NC. Is that correct? If so, what can I do about it? Do I simply quit paying them?

From what I have been reading, the people on this board know what they are talking about, and are very appreciated by the stupid people like me. Any advice would be very helpful.

Thanks,

Bill


The are prohibited in NC . . . There are some users here from NC that could probably tell you how best to go about it, but you should close your bank account and write each company a letter stating that according to NC laws, pdl's are illegal, and that your loan should be marked paid in full. File complaints with your state's attorney generals office. In the letter state that you also revoke any and all wage assignments you may have signed. Send it certified mail.

Since these loans are illegal, technically speaking interest cannot be charged. You are only responsible for paying the principle amount back.


lrhall41

Submitted by goudah2424 on Wed, 05/02/2007 - 12:07

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Does this statement release the pdl company from following NC (Where I live) laws?

Quote:

GOVERNING LAW. The transactions related to loans will be deemed to have taken place in the offices of Mycashnow.comTM Inc. and according to the laws of Grenada, regardless of where you may be viewing or accessing this site.


lrhall41

Submitted by on Wed, 05/02/2007 - 12:33

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No, choice of law contracts are not legal. The fact of the matter is you cannot pick and choose who's laws you can follow. You are bound by the laws of the state that you are operating in, and federal case law has found that electronic businesses are doing business in the state that the consumer is in.


lrhall41

Submitted by goudah2424 on Wed, 05/02/2007 - 12:37

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I have another question. I have been getting and paying off pdls since 2005. In June of 2006, I moved from SC(legal) to NC(not legal). Some loans that are outstanding have carried over. Which laws apply to them?

Again, thank you so much for taking the time to talk to me. I feel so stupid for getting tied up with pdls in the first place.


lrhall41

Submitted by on Wed, 05/02/2007 - 12:48

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That's an interesting question. Did you update your address info with the pdl's? Also, are these just rollovers, or did you pay off the loan and then reloan?

The state that you were in at the time the document was signed (electronically most likely) would be the laws that should be followed.


lrhall41

Submitted by goudah2424 on Wed, 05/02/2007 - 12:52

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That's what I was thinking as well. I am researching now what the status of each of the loans is. I know this is a horrible situation to be in, and not keeping better track is even worse, but that is where I was. I think I will just let anything that happened in SC go, and only worry about original loans that happened in NC. Thanks again for all your help.


lrhall41

Submitted by on Wed, 05/02/2007 - 13:01

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Does the following statement releas the pdl companies from following NC (Where I live) laws?

Quote:

GOVERNING LAW. The transactions related to loans will be deemed to have taken place in the offices of Mycashnow.comTM Inc. and according to the laws of Grenada, regardless of where you may be viewing or accessing this site.


lrhall41

Submitted by on Wed, 05/02/2007 - 13:18

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Does any one know for sure what would happen if I put a "stop payment" on an ACH debit from an online payday loan account or will I have to close my account altogether? I live in SC and am in-between jobs. I will not have the funds in the bank when it comes due. I contacted them and they said to send a money order before the due date, but I cannot do that until I get paid in three weeks. Will I get into trouble legally if I do either of these choices?


lrhall41

Submitted by on Tue, 09/04/2007 - 08:28

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