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Can anyone tell me if these people are legal in Indiana??

Date: Tue, 09/11/2007 - 22:39

Submitted by mwmammaroo
on Tue, 09/11/2007 - 22:39

Posts: 108 Credits: [Donate]

Total Replies: 85


Hello. I am looking for some help and advice about dealing with 5 pdl that I have from internet sites. They are: 5-Nevis Marketing, ameriloan, 500fastcash, Emerald Marketing and Geneva Roth.
I have closed my account at 5/3 bank today to prevent any further fees being taken out from these companies. I am hoping they do not reopen my account when these companies try to debit the account again.

Also, does anyone have any advice about how to deal with these companies myself? I have contacted Langhorn Law and they are eager to help, but I think their fees are a little excessive. All five of these pdl are for $300.00 apiece and they are wanting to charge me approx $600.00 to take care of a $1500.00 debt. Any type of response is greatly appreciated. :?


Mwma, Welcome, there are many people here who will be happy to help. I noticed you said these are all internet. If you would please post the company name, how much you borrowed and the total of how much you have paid them (for example - Cash net - borrowed 300, paid 260) This will help us be able to tell you what your next steps should be. Someone should be along soon to post your state laws and we will all be able to help you from there. Roxy


lrhall41

Submitted by RoxyNY on Wed, 09/12/2007 - 03:00

( Posts: 4178 | Credits: )


Okay I have my totals.

5 Nevis Marketing: $180.00
Ameriloan: $180.00
500FastCash: $180.00
Geneva Roth: $360.00
Emerald Marketing: $360.00

These are interest only payments on loans that were for $300.00 each. None of these are liscensed in Indiana. I have closed the bank account on Tuesday so that no more fees will come out. Where do I go from here? I have been ready on here about a no contact letter, could anyone direct me on this? Also I am worried they will contact my references. Has this happened to anyone?


lrhall41

Submitted by mwmammaroo on Wed, 09/12/2007 - 07:31

( Posts: 108 | Credits: )


Mwma, Most everyone has advised me they usually do not contact your references as long as they have a way to contact you. I correspond only by e-mail so I have documentation for my AG and BBB and FTC cases. My computer is going to down for 30 minute maintenace and I will send you a letter and explain the next step when It comes back up.
Roxy


lrhall41

Submitted by RoxyNY on Wed, 09/12/2007 - 07:58

( Posts: 4178 | Credits: )


roo, you need to contact 5/3 bank. I've had my dealings with them. I closed my account; however, pending pdl debits "forced" it back open. Ugly, ugly situation. You need to contact them and have them assure you that this will NOT happen. If possible, get it in writing from them. 5/3 will force accounts back open. Been there/done that. Also, none of your internet pdl's are licensed in the state of Indiana. Actually your internet pld's are not licensed at all. This means they are operating unlicensed/illegal. What this means for you is that you only are obligated to pay the principle amount of the loan back only. I see you posted your loan amounts; however, it's not clear. Post how much you borrowed (principle only) and the amount you have paid back so far (total). This way we can see how much you have overpaid/paid/still owe. As for your question regarding the internet pdl's calling your references, none have ever contacted my references. Yes, they will call you at your place of employment, home phone, cell phone, whatever number you gave them. But they haven't called any of my references. Please post your loan amounts and we can help you further! :D Also, please take my advice regarding 5/3. You need for them to assure you that this account will not be forced back open. That'll be a whole other problem if that happens.


lrhall41

Submitted by cannr on Wed, 09/12/2007 - 09:12

( Posts: 9317 | Credits: )


cannr: If I only need to pay the principal down then I have overpaid on two of them.

I have 5 loans all of them are $300.00 apiece.
So so far I have paid
Geneva Roth: $360.00 (overpaid $60.00)
Emerald Marketing $360 (overpaid $60.00)
5 Nevis Marketing $180 (still owe $120)
ameriloan $180 (still owe $120.00)
500fastcash $180 (still owe $120.00)

I hope that helps clarify this more.
I am going to call 5/3 right away!


lrhall41

Submitted by mwmammaroo on Wed, 09/12/2007 - 12:11

( Posts: 108 | Credits: )


Thanks Tweety! I am so so thankfull that I have found this site! And it is so reasuring that I am not alone in this struggle and not the only one to make this terrible mistake.

Do I need to contact Geneva Roth and Emerald Marketing to let them know I am considered PIF? I am going to contact 5/3 bank right away because these are the two lenders that are to try to debit my closed account on Friday.


lrhall41

Submitted by mwmammaroo on Wed, 09/12/2007 - 12:18

( Posts: 108 | Credits: )


Get your bank account straightened out NOW. Do this ASAP. Get it straightened out before saying anything to your pdl's! Do not say a word to them until your money is safe. If you clue them in to the fact that you want a PIF or that you're closing your account, they will be all over that account taking every dime they possibly can. Get 5/3 straightened out NOW. Then we can send your letters out getting pif's and also letting the others know you're paying principle only. First, get on the road to 5/3 and get this straight!!! You're money will be safe & we can then proceed from there. Do not say a word to your pdl's yet.


lrhall41

Submitted by cannr on Wed, 09/12/2007 - 12:24

( Posts: 9317 | Credits: )


Okay, roo. 5/3 gave you something in writing. Great job! 5/3 isn't too swift on the whole closing your account thing. They like to force it back open. You're good to go now. Your pdl's will not hit your account. You will have your paycheck back. Two of your pdls are overpaid. You need to request a refund. The others you only owe the principle on (deduct what you have paid). You have already figured out your amounts. Good job. Now, the letters need to be sent and the complaints need to be filed. First, the letters you send will basically be "the same". You just need to re-word them to fit the specific pdl and what you are demanding (a refund or to only pay the principle). But you need to send the letters so you'll have documentation of everything. Once they can't get their debits, they will try calling the hell out of you. Once they get the letters, they're really going to try to call the hell out of you. If at all possible, try not to take the calls. Do all communicating via email or USPS only. You need documentation of everything. Phone calls can not be documented and show proof of their threats, lies, etc. Okay? So are you ready??


lrhall41

Submitted by cannr on Thu, 09/13/2007 - 18:46

( Posts: 9317 | Credits: )


After the bank account was taken care of I sent letters to all my ipdls satating that I revoked their right to debit my account, revoking any and all wage assignments, asking they contact me by email only and not call me at aork or contact my references. I included the Indiana laws and stated I over paid please mark me PIF and refund the difference (which they hardly ever do) or state the balance you legally owe and ask for an address to send the balance (or whatver payments arrangements you wnat to make). Then file complaints with the BBB, The Indiana AG and the FTC. The AG office here in Indiana will mediate on your behalf by sending them a letter...I have gotten 3 out of 5 PIF's that way so far. Any questions, please post and we will be here.


lrhall41

Submitted by Morningstarr430 on Thu, 09/13/2007 - 18:47

( Posts: 2329 | Credits: )


Thank you guys so much!!!!! You have been such a help and a relief to my stress. My goal once I get this chaos taken care of is to help others on this site like you are helping me. I owe some good deeds! :)
I would appreciate it if you PM a letter that I can follow and I will work on getting addresses to mail them to. Am I right, send them certified mail?


lrhall41

Submitted by mwmammaroo on Thu, 09/13/2007 - 18:53

( Posts: 108 | Credits: )


LOL! :lol: Morning! You know me. No brain, just fingers! That's why I make so many spelling errors! I just type away! We're posting at the same time! LOL!


lrhall41

Submitted by cannr on Thu, 09/13/2007 - 18:53

( Posts: 9317 | Credits: )


I am now checking out these pdl companies with the bbb. Ordinarlily I would have done this before taking out the loans but I was in a desperate situation and even knew it was stupid at the time. After seeing the BBB reports and all the different addresses they go by.. I am less compelled to feel obligated to pay these people. Do I have rights in this regards? I hate to not repay I debt that I actually owe, but these companies are operating ileagaly. Sorry for all the misspellings, but I am really fired up now. What are my options in all of this? I do my best to be legal, I pay my taxes, liscense plates, income tax, sales tax, property taxes etc. You know what I mean? How could these people come in and do whatever they want and be illeagal through it all? I may not be the perfect USA citizen but I am certainally not illeagal or doing any thing illeagal. Maybe these people should be punished and declare bancrupcy?? I am pi**ed!


lrhall41

Submitted by mwmammaroo on Thu, 09/13/2007 - 20:23

( Posts: 108 | Credits: )


Okay, roo. You are now experiencing what we have all experienced! The anger of knowing these places are operating illegally. However, let me just say this. This issue of paying back an unlicensed/illegal pdl comes up a lot on the forum. It's been discussed numerous times. Here it what it boils down to. If the pdl is indeed unlicensed/illegal, you LEGALLY do not have to pay them one penny. They have no legal recourse for collecting on an illegal debt. They will harrass and threaten you to death, but you can LEGALLY get away with not paying them a cent. However, on the flip side, morally people feel as though they should pay the principle amount borrowed as they did receive these funds and did use these funds. So they pay the amount that was deposited into their account only. The unlicensed/illegal pdl's will still have a fit and threaten you and harrass you anyway because they want their illegal fees. So, they're not going to be happy with whichever avenue you decide to take. The answer to this whole issue lies within you as an individual. If you do not feel the need or obligation to pay the unlicensed/illegal pld's, then you are not legally obligated to do so. However, if you feel as though you did receive the funds and did use the funds and want to pay the principle amount only, then you can do that. Like I stated, this has been discussed numerous times. And, of course you're pissed off. We all were. It comes down to it being your decision. No one can tell you what to do in this situation. It is up to the individual. Which is you. Whatever you decide to do is right, then do it. Hope this helps a little.


lrhall41

Submitted by cannr on Thu, 09/13/2007 - 20:34

( Posts: 9317 | Credits: )


Thank you Cannr, that helps no matter what I decide to do. And even though I don't know you I know that you will not pass judgement. At this point it is still an internal struggle. On one hand, yes they did loan me the money and I should pay it back. But on the other hand, they did this illeagally and I am not responsible for the debt, kinda like if I was overcharged at Walmart and wanted a refund for that. I will decided within 24 hours to decide what I want to do, but if I loan someone money I would at least want the principal back. Most likely I will pay the money back, I am not that dishonest, but I wish I could be sometimes :lol:


lrhall41

Submitted by mwmammaroo on Thu, 09/13/2007 - 20:44

( Posts: 108 | Credits: )


roo, you will never be judged here. We are here to help you and that means giving you all the options. Everyone's situation is unique. Everyone's decision is their own. There are no right or wrong answers. Until someone walks in your shoes, they have no right to judge you or any decision you make. Keep that in mind. You decide what is best for you. That is what counts. We are here for you no matter what.


lrhall41

Submitted by cannr on Thu, 09/13/2007 - 20:47

( Posts: 9317 | Credits: )


roo, I received your pm regarding a letter. I pm'd it to you. However, I am re-reading through your thread and see that Roxy had pm'd you a letter. Are you receiving your pm's? :?:


lrhall41

Submitted by cannr on Fri, 09/14/2007 - 04:20

( Posts: 9317 | Credits: )


roo, I see you also asked morningstarr for a letter. I don't understand. Roxy sent you one, I sent you one. What is it that you need?


lrhall41

Submitted by cannr on Fri, 09/14/2007 - 05:03

( Posts: 9317 | Credits: )


I got my first nasty call today from Nevis Marketing. They wanted to work out an out of court settlement. I told them I would not discuss anything over the phone and that they needed to email me or us the USPS. She said she was turning me over to collections today. I tried to call Nevis to get a physical address or a fax number and they of course refused. I did get the information for I Collect- their debt collections broker. I am sending a letter to them tomorrow by certified mail.

Any advice on what to say to these people when they call? I was rather toungue tied.


lrhall41

Submitted by mwmammaroo on Fri, 09/14/2007 - 11:56

( Posts: 108 | Credits: )


Roo, You can do as Volley does and send it to your voice mail or you can do as I do and tell them "She is not here right now, can I take a message for you." Or you can do as Cannr does and tell them "she is no longer employed with this company." Write the date, time, caller name, phone number and note what they said...Using that fire and e-mail back at them telling them they were instructed not to call you to only contact you by e-mail or usps for documentation purposes and that you are going to include this in your documentation for your case with the BBB and AG.


lrhall41

Submitted by RoxyNY on Fri, 09/14/2007 - 12:02

( Posts: 4178 | Credits: )


roo, can't find a darn thing on either one. Gee, they must really be illegal! :lol:


lrhall41

Submitted by cannr on Fri, 09/14/2007 - 17:48

( Posts: 9317 | Credits: )


I think you are right Cannr. I even tried to send them an email and it can back returned. I am sending a C & D letter on Monday to the collection company they have turned me over to. Is this the right thing to do? I figure it is worth a shot. Also their phone number is still intact, but I said I was trying to send a change of address to them and they would still not give me an address or fax number or email address. When I told them over the phone(when they called) that I would be happy to send a money order for what I still owed them, they refused it, saying they would only debit my checking account or I could wire the money to them. I told them it was a no go and they got really sh*tty with me. What do I tell them if they call me again?


lrhall41

Submitted by mwmammaroo on Sat, 09/15/2007 - 14:35

( Posts: 108 | Credits: )


If they turned you over to a 3rd party collection agency you can send them a letter requesting "validation" where they have to prove they have the loan, how much it is, etc. There is a sample on the do it yourself page. I just checked. Also...I know a lot of these places request payment made by Western Union or Money Gram..On 2 I chose to negociate and pay off I told them I couldn't afford to pay the bill and pay for the Money Gram...they deducted the amount from the balance to get rid of me...worth a shot...


lrhall41

Submitted by Morningstarr430 on Sat, 09/15/2007 - 15:03

( Posts: 2329 | Credits: )


roo, they're going to call you again. You do know that. Even though they've already argued with you. Lord only knows why they continue to harrass when you're trying to get information from them and they refuse. Try not to take the calls. Send the letter to the collection agency asking for debt validation, as morningstarr advised. In the meantime, try desperately not to take any calls. If you happen to get "stuck" on the phone with them, tell them you will only communicate with them via email or USPS for documentation purposes and hang up. They've got your email address. They've got your address. If they want to contact you bad enough, they will. If not, tough for them. However, once they have you on the phone - #1. You have no documentation of what's going on.
#2. They will harrass you and argue with you while refusing to give any information you request.
So, my point, why in the hell waste your time speaking with them? Send the letter and do not take the calls. They will contact you via email or USPS eventually. Any company that refuses to give a physical address or accept money orders, in my mind, can go straight to hell. I have flat out refused to money gram/western union anything to anyone - and they all want that. However, morningstarr has the "gift" of counteroffering and getting something done on her side. I, however, refuse! Guess that's what I get for being nasty! :D But you can try morningstarr's approach, as they deducted the amount of the money gram/western union charge. My whole belief is that if anyone wants their money bad enough, they will give you a physical address. The pdl's that I had that gave me a physical address, I was more than glad to mail them that money order to pay the principle amount left on my loan. The ones who screamed and demanded money gram/western union, well, sorry for them. They didn't get it.


lrhall41

Submitted by cannr on Sat, 09/15/2007 - 21:19

( Posts: 9317 | Credits: )


lol cannr you are great! I am slowing starting to grow a set of balls, even though I am a female, to get nasty and not tongue tied with these people. At least now with my bank account closed I can pay some bills! I will ask for debt validation! If they can prove it then I will pay it! Even not, well you are right screw them! I will also start checking my credit reports to make sure nothing gets posted on them and if it does happen I will dispute it. I am usually the type of person that is always bending over backwards for people and being nice. Well I have come to the conclusion that these people have really put the hurtings on me and my family and so no more mrs nice! Thanks for all your advice!


lrhall41

Submitted by mwmammaroo on Sun, 09/16/2007 - 10:23

( Posts: 108 | Credits: )


Ok I have just learned a valuable lesson. Check you bulk email!

Here is what I have found:

Quote:

Your finance charge of has been returned to us by your bank due to
on . We are unable to obtain the fees owed to us against
your loan by ACH debit. Your account is now in collections and has been turned over to
an Outside Collection Agency. Additional fees will be assessed to your current balance of
by the Collection Agency. They will be contacting you to make further payments
and/or arrangements to resolve your loan with .
Sincerely,
Nevis Marketing, LLC
appinfo(at)thebmggroup.com is the email address they used.

I also get this one:


Loan Extension Form --- Geneva-Roth Capital

Please SIGN and EMAIL or FAX this form in at least 4 business days
before your due date to 1-800-351-8830




Loan ID: 232201
Current Due Date: 09/14/2007 12:00:00 AM

Please check one of the options below:

______ I only want to pay my extension fee.

______ I want to clear any balance.

______ I want to pay my extension fee plus a paydown of $_________.

Your payment will be presented for payment electronically.

THE FOLLOWING MUST BE FILLED IN COMPLETELY:


DAYTIME TELEPHONE NUMBER: ________________________________


SOCIAL SECURITY #: ________________________________

All extension requests are subject to Processing Center approval. This
entire agreement is constructed under and in accordance with the laws
of Utah.

You authorize the Processing Center to initiate Debit/Credit entries to
your account on file for all payments due, including any unpaid
returned item fees due, on which this agreement is drawn and the financial
institution at which the account is held. This authority is to remain in
full force and effect until the Processing Center has been paid in
full. At our option, should we not receive your Extension Form prior to
your four-day notice period, based on your past extension history, we
will extend your loan in lieu of debiting your account for the full
amount due.

Agreement not to bring or participate in Class Actions: To the extent
permitted by Law, you agree that you will not bring, join, or
participate in any class actions as to any claim, dispute, or controversy you
may have against us or the company, you agree to the entry of injunctive
relief to stop such lawsuit or to remove you as a particpant in the
suit. This agreement does not constitute a waiver of any of your rights
and remedies to pursue a claim individually and not as a class action in
binding arbitration as provided in the application which was signed
and construed on the transaction date.

You agree to binding arbitration which was stated in the original
documents and by law is governed by your signature.

PLEASE SIGN AND FAX TO 1-800-351-8830
REMEMBER TO FAX 4 BUSINESS DAYS BEFORE YOUR DUE DATE
To reach a customer service representative, please call the following
number: 1-800-351-8820


CUSTOMER SIGNATURE ____________________________ DATE____________




This is the email address that it came from: "Loan Point USA"

Thought maybe this could help someone!


lrhall41

Submitted by mwmammaroo on Sun, 09/16/2007 - 11:29

( Posts: 108 | Credits: )


Oh, God love them all! Now you can deal with the collection agencies. That will be fun. Now, they should send you something regarding your account that has been turned over to them. Get them to validate the debt. I just checked my credit report today and lo and behold, there was a nice illegal collection agency on there. Oh, hell no. And I'm in the process of getting debt validation from the second one. So.......don't be surprised to find them on your credit report. So now I get to fight all over again, file complaints all over again, blah, blah, blah. It's never ending. I guess it's time to put the boxing gloves back on and go a few rounds. And, damn, I only have an email address for one. How in the world am I going to harrass the other? That's my delimma for the next few days. LOL! I have to laugh or I'd just cry! But, they're up for a fight. Reporting on my credit report. What the hell. An illegal collection company collecting an illegal pdl reporting to the credit bureaus. Oh. Okay. I'm waiting for the second one to pull the same thing. Whatever. Time to fight again...........


lrhall41

Submitted by cannr on Sun, 09/16/2007 - 20:56

( Posts: 9317 | Credits: )


Well, now 4 outa the 5 have contacted me either via email or by phone. I have my battle armor on and am ready to go! I am sending out my letters tomorrow and faxing them this evening. Does anyone know if it is safe to use an old fax machine when the ground (on a three prong plug) is broken? I sure don't want to set the house on fire.


lrhall41

Submitted by mwmammaroo on Mon, 09/17/2007 - 13:24

( Posts: 108 | Credits: )


Did you sign a contract for your loan?

Then it doesn't matter if they are legal. You agreed to a contract. That is the issue here.

You shouldn't take the loan and then go find out if the company is licensed. Dont be lazy do the research first next time.


lrhall41

Submitted by on Mon, 09/17/2007 - 14:23

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