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Help! I think I may have messed up....

Date: Mon, 10/08/2007 - 11:08

Submitted by roycebabb
on Mon, 10/08/2007 - 11:08

Posts: 6 Credits: [Donate]

Total Replies: 18


I closed my account in Texas and afraid that I may not be looking at the law correctly. The payday loans are all internet loans and were ACH out of the account. I put a stop payment on all of them so they could not take any money. I am behind on everything. I have multiple loans out and owe a lot of money but I can not keep up do to the interest. If I can just get my stuff caught up then I should be able to make some sort of payments. The bank account is now closed but I do not want them to send them to the county attorney as NSF checks because they were not they were stopped. HELP!


Please read the following regarding your checking account. Close it if you can

Before you close your bank account due to payday loans eating away at your paycheck, please read this.

Some banks have a policy regarding ach transactions that allows them to force open closed accounts if any ach transactions go through within a certain time frame after the account is closed. This can leave you owing a legal bank $1,000's and reported to chexsystems, instead of owing barely legal (or not at all legal) payday loan companies. Not a good thing. Ask your bank what their policy is on ach transactions on closed accounts before you close the account. It's best to go in person and talk to a branch manager.

If your bank does have this policy, tell them your situation. Don't be embarrassed. Take letters with you showing that you have revoked authorization for each of your payday loan companies to debit your account. Tell the bank to put your account on deposit only, an ach block, or a hard hold before they close the account. Your bank can do one of those, don't take no for an answer. This will prevent any payday loan ach's from reopening the bank account.

It'a always best to close your bank account. Leaving it open gives ways for the payday loan companies to continue to take money out. These companies have many different dba's, so blocking them won't work. They will also produce paper checks and run them through your account. Closing the account is the best way to prevent these companies from taking money out of your account.

Some state laws do allow for prosecution if you close your bank account, but that is usually in cases of fraud. But it's always best to check with your state's attorney general or department of financial institution before you close your account. You want to make sure you are not causing more heacaches!

Just putting a stop payment on your pdls wont really help. They will put them thru for a dufferent amount, or these companies have so many different names they will just debit you under another name.We reccommend if you can, to close your account and open a new account at an unrelated bank. This is the only way to be sure that no more money is taken from you.


lrhall41

Submitted by kashzan on Mon, 10/08/2007 - 11:13

( Posts: 5401 | Credits: )


Here is the the Payday loan laws for Texas (just select your state),
http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

As you can see roll overs are not allowed and that's what usually costs us so much. If you would like to list the name of each loan, how much it was for, and how much has been given back including fees, we can see where you stand and can give you more advice.


lrhall41

Submitted by Morningstarr430 on Mon, 10/08/2007 - 11:15

( Posts: 2329 | Credits: )


I put a stop payment on all ACH's coming out of the account (it was either this or lose my car- I already had to give my apartment up) Wells Fargo has closed the account for me (we had to wait 24 hours to make sure there was nothing else coming through. I just want to make sure they can prosecute for bad check. I am trying to get together everything I owe to PDL's-- Some I have paid for months on end just the interest.


lrhall41

Submitted by roycebabb on Mon, 10/08/2007 - 11:24

( Posts: 6 | Credits: )


They are now calling my work and I am afraid my boss is going to find out what is going on. I am telling them not to call but they all are pretty much calling everyday and on the weekends.


lrhall41

Submitted by roycebabb on Mon, 10/08/2007 - 11:30

( Posts: 6 | Credits: )


Royce....you can send them letters revoking their right to debit your account, revoking their right to any wage assignments and also telling them you can not recieve calls at work. If they then call you they are breaking the law. you can and should file complaints against them with your state attorney's office, the BBB and the FTC. Usually we do this after we have sent letters. If you post what you have paid (including fee's) on each one we can then walk you through the process.


lrhall41

Submitted by Morningstarr430 on Mon, 10/08/2007 - 11:34

( Posts: 2329 | Credits: )


The assistant manager to the branch I am banking at stated there is nothing else that can go through that account. Once closed and verified closed (24 hour pending period) that I was finished with Wells Fargo. Anyone else dealt with Wells Fargo on this matter?


lrhall41

Submitted by roycebabb on Mon, 10/08/2007 - 11:35

( Posts: 6 | Credits: )


CashNet- Amt Loaned $800; Amt to pay back $1186.46
US Fast Cash $400; $520
My pay day loan $1000; $1225
Loan Shop $400; 520
THere are more just hard to find since I do not have my bank account anymore but here are the starters.


lrhall41

Submitted by roycebabb on Mon, 10/08/2007 - 11:42

( Posts: 6 | Credits: )


The second amount on the list is what they say I have to pay back. I have just been paying interest. I have several to pay back but I am trying to go through bank statements to give the exact amount I have paid back. I should of got this off line before I closed the account.


lrhall41

Submitted by roycebabb on Mon, 10/08/2007 - 11:48

( Posts: 6 | Credits: )


These are all internet loans that were ACH. You never wrote a check that could go bad so they can't prosecute for anything and most PDL laws protect the borrower against bad checks anyways. All you did was lock up your bank account so they can't rip you off anymore. It is highly unlikely that an IPDL would ever be able to file criminal charges since no physical check is ever written.

What they say you owe means nothing. You need to post the amount borrowed, the date and the total amount you paid them so far per your records. There is no way you could owe them more than what you borrowed if you have been making regular payments and I suspect you probably paid most of what you owed already according to your state laws.


lrhall41

Submitted by DOLLARSandSINCE on Mon, 10/08/2007 - 13:54

( Posts: 1078 | Credits: )