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HELP! Cash Transfer Centers

Date: Tue, 10/23/2007 - 12:39

Submitted by nikkigrosso25
on Tue, 10/23/2007 - 12:39

Posts: 22 Credits: [Donate]

Total Replies: 42


I just spoke to some a$$ from CTC and he threatened to contact my employer to assign my wages. I said that i was aware of my rights and that they could not do this but I was willing to work to take care of the balance. He said the $700 loan I had is now over $900. I talked to someone in my payroll office and they said it IS legal for them to assign my wages based on the contract that I signed--digital signature or not. I don't understand--from everything I have read on here it seemed like they had to get a court order to do such a thing? What should I do?


it is an internet loan. I faxed and emailed the letter revoking wage assignment today. I just gave the payroll dept. a copy of my letter to them revoking the wage assignment. They haven't received anything yet so I am assuming that I would be covered as it would probably take a few days to get to them?

I live in Indiana and sent out the detailed letter explaining what I would pay them back and revoking them to call me at work or call my employer. I know they received the fax and the email--the guy even said so


lrhall41

Submitted by nikkigrosso25 on Tue, 10/23/2007 - 12:52

( Posts: 22 | Credits: )


You did the right thing by giving that revocation letter to you payroll dept. If you can find a legitimate address for them I would send one by certified mail also. Please be sure that your payroll people are aware that "assignment" is voluntary and they are under no obligation to honor it. Many payroll people are ignorant and don'r realize that it is not a garnishment. One member had her payroll give her check away despite the fact that she had revoked the assignment and assignments were also illegal in the state she lived in. Her payroll responded with "it does not apply here." CTC will with certainty use that assignment. They are illegal and based overseas and could care less about the laws in this country!


lrhall41

Submitted by Frogpatch on Tue, 10/23/2007 - 13:01

( Posts: 5381 | Credits: )


It is to your advantage to be a step ahead of them. They will probably send it anyway but at least your dept has the revocation. Definately jkeep them educated. I was lucky because my boss got it and called me in and asked me about it. He picked up the phone and called and said he would not honor it. A week later CTC sent a settlement offer of more than half. I took it but had I not they could not have forced a collection because of their illegality. Their only means is the wage assignment.


lrhall41

Submitted by Frogpatch on Tue, 10/23/2007 - 13:26

( Posts: 5381 | Credits: )


Nikki..here is a lot of info, but basically spouse needs to sign and the wage assignment is not legal unless is was executed to your employer PRIOR to you getting the $$...

Thank you Goudah!!!


Quote:

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
10/23/2007 04:25:45 PM EDT
IC 22-2-7
Chapter 7. Assignment of Wages

IC 22-2-7-1
Wage broker defined; employee direct deposit or commission payments by insurer; applicability of wage assignment provisions
Sec. 1. (a) Any person, company, corporation, limited liability company, or association loaning money directly or indirectly to any employee or wage earner, except the employer of the employee, upon the security of or in consideration of any assignment of the wages or salary of such employee or wage earner shall be defined and held to be a wage broker and subject to the provisions of this chapter.
(b) A direct deposit made by electronic funds transfer or other method to an employee's account in a financial institution as agreed to by the employer and the employee does not constitute an assignment of wages subject to this chapter.
(c) An assignment or pledge of, or a grant of a security interest in, a contractual right of a person to receive commissions payable directly or indirectly by an insurer (as defined in IC 27-1-2-3) does not constitute an assignment of wages subject to this chapter.
(Formerly: Acts 1909, c.34, s.1.) As amended by P.L.144-1986, SEC.11; P.L.143-1988, SEC.5; P.L.216-1989, SEC.3; P.L.8-1993, SEC.275; P.L.116-1994, SEC.1.


IC 22-2-7-2
Amount of assignment; post-dating
Sec. 2. No assignment of his or her wages or salary by any employee or wage earner to any wage broker or any other person for his benefit shall be valid or enforceable, nor shall any employer or debtor recognize or honor such assignment for any purpose whatever, unless it be for a fixed and definite part of the wages or salary earned or to be earned during a period not exceeding thirty (30) days immediately following the date of the assignment. Any assignment which shall be post-dated or dated on any other date than that of its actual execution shall be void and of no effect for any purpose whatever.
(Formerly: Acts 1909, c.34, s.2.)


IC 22-2-7-3
Interest; rates and charges
Sec. 3. No wage broker shall ask, demand or receive, either as compensation or interest, or in any other manner, directly or indirectly, any compensation or interest for the use of money advanced or loaned by him to any employee or wage earner in excess of the rate of eight per cent (8%) per year, and said compensation or rate of interest shall be computed upon the amount actually advanced to and received by the borrower, and no commission, compensation or charges in addition to the interest above named shall be asked, demanded or received by said wage broker or any other person for making or securing said advancement or loan.


---------------------------------------------------------------------- ----------
(Formerly: Acts 1909, c.34, s.3.)

IC 22-2-7-4
Married persons; consent; exemptions
Sec. 4. (a) No assignment of wages by a married person who is living with the person's spouse residing in Indiana to any wage broker shall be valid or enforceable without the consent of the spouse, evidenced by the spouse's signature to said assignment, executed and acknowledged before a notary public or other officer empowered to take acknowledgments of conveyances. No wage broker or person connected with the married person directly or indirectly shall be authorized to take any such acknowledgment.
(b) This chapter shall not apply to any deduction from the wages of any employee of such employer, which deduction is made for the purpose of applying the same to any account of such employee in any credit union or any nonprofit organization of employees of such employer organized under any law of this state or of the United States.
(Formerly: Acts 1909, c.34, s.4; Acts 1945, c.250, s.1; Acts 1955, c.278, s.1; Acts 1957, c.303, s.1; Acts 1975, P.L.111, SEC.2.) As amended by P.L.143-1988, SEC.6.


IC 22-2-7-5
Notice to employer
Sec. 5. No assignment of wages shall be valid or enforceable unless notice in writing of the same, accompanied by a copy of the assignment, shall be given to the employer or debtor within ten (10) days from the date of its execution.
(Formerly: Acts 1909, c.34, s.5.) As amended by P.L.143-1988, SEC.7.


IC 22-2-7-6
Amount of loan
Sec. 6. Every purchase of a wage broker of an assignment of the wages of any employee or wage earner shall be held and considered to be a loan in the sum and of the amount actually paid to and received by such employee or wage earner.
(Formerly: Acts 1909, c.34, s.6.) As amended by P.L.143-1988, SEC.8.

IC 22-2-7-7
Violations
Sec. 7. A person who recklessly violates this chapter commits a Class B misdemeanor.
(Formerly: Acts 1909, c.34, s.7.) As amended by Acts 1978, P.L.2, SEC.2206.


IC 22-2-7-8
Forfeitures
Sec. 8. Any note, bill, or other evidence of indebtedness and any

assignment of wages or salary given to or received by any wage broker or any other person in violation of any of the provisions of this chapter shall be null and void and of no effect; and upon conviction, any and all moneys advanced or loaned by said wage broker in violation of any of the provisions of this chapter and all interest thereon shall be forfeited.
(Formerly: Acts 1909, c.34, s.8.) As amended by P.L.144-1986, SEC.12.


lrhall41

Submitted by volleyballmom on Tue, 10/23/2007 - 13:41

( Posts: 4143 | Credits: )


Oh my thank you so much! I am going to forward this to the payroll. Can you help me understand which part of this legal stuff outlines what you said "not legal unless is was executed to your employer PRIOR to you getting the $$..."

Does that mean that ctc would have had to send the wage assignment to them before the money was deposited to me?


lrhall41

Submitted by nikkigrosso25 on Tue, 10/23/2007 - 14:08

( Posts: 22 | Credits: )


OK, I don't know how many times I have to post this but here it goes again.

The address for Sonic, Cash Transfer Centers, Payday Avenue listed in Malta is only a MAILING ADDRESS, IT IS NOT A PHYSICAL ADDRESS. Mail arrives in Malta then it is forward to either Winnipeg or Surrey. It will take about 2-3 weeks to arrive from your drop off point to their Head Office, please use one of the addresses below.

The actual physical address is:

E-Care Contact Centers
c/o Ms. Kimberley DeThomas
300-433 Main St
Winnipeg, MB R3B 1B3

Their payment services group is:

E-Care Contact Centers
c/o Payment Services
400-15225 104th Ave
Surrey, BC V3R 6Y8


lrhall41

Submitted by PDL Investigator on Tue, 10/23/2007 - 15:50

( Posts: 147 | Credits: )


Hi, I have posted this information on the Payday Loan help forum, debt consolidation forum and Dealing with collection agencies forum. Can we get this added as a sticky.
This is the correct address for CTC and other companies that work under e-Care contact centers.

This is very important information that everyone should know.

Thank you. :!:


lrhall41

Submitted by on Tue, 10/23/2007 - 16:16

( Posts: | Credits: )


fins, I do believe that "guest" was PDLInvestigator stating to please get the information for Cash Transfer Center/Sonic/Payday Avenue (the illegal ones based in Malta)as a "sticky" with this correct physical mailing address. The address everyone knows is the Malta address. PDL is trying to inform everyone that the physical address is not in Malta and in order to get a "speedy delivery" of your correspondence, it should be directed to the physical address that PDL posted.


lrhall41

Submitted by cannr on Tue, 10/23/2007 - 20:20

( Posts: 9317 | Credits: )


Nothing on this particular thread, volley. Cash Transfer Centers is all over the place. And each time, I do see PDLInvestigator posting the physical address for them. Now, on this particular thread, there was no address given. PDL was just posting to clarify that the Malta address is just a mailing address, not a physical address. Hell, I'd use every address they had!


lrhall41

Submitted by cannr on Tue, 10/23/2007 - 20:29

( Posts: 9317 | Credits: )


I have forwarded the information that goudah posted about Indiana laws regarding wage assignments to my Payroll department. Now they have forwarded that on to our Legal department to review before they make a decision. They haven't even received anything from CTC yet and probably won't until early next week as they can't do anything until 7 days after the loan was due. I reiterated to the woman that I sent an email and fax REVOKING my agreement and she continues to say "well it's just that you signed the agreement". She didn't understand the legal jargon of the Codes so that's why she sent it to our legal department. This is right isn't it? Has anyone else had luck actually revoking the wage assignment agreement in this way?!!


lrhall41

Submitted by nikkigrosso25 on Wed, 10/24/2007 - 07:16

( Posts: 22 | Credits: )


well that's exactly what I did with the Indiana State laws and I emailed them a copy to forward to the legal department. i was having trouble understanding all of the legal jargon myself as far as what it all means but hopefully the legal people should be able to sort it out! It wasn't clear to me in that list of regulations that you have the right to revoke it. This lady keeps saying to me...well, you signed the agreement. I know what I signed but now I also signed a letter revoking it. I just have this bad feeling that the legal department is not going to "get it" either.


lrhall41

Submitted by nikkigrosso25 on Wed, 10/24/2007 - 08:08

( Posts: 22 | Credits: )


If your company still allows the assignment to go through, file a complaint with your state labor board. It is illegal for a company to take anything out of your wages without a court order or your authorization (excluding taxes of course).

This happened to another person, and they contacted their state's labor board. Their employer ended up having to pay them back the money that was taken out of their check, so in effect, their employer ended up paying off their payday loan.


lrhall41

Submitted by goudah2424 on Wed, 10/24/2007 - 11:56

( Posts: 7935 | Credits: )


I'm sorry, goudah. But I had to laugh. I know about the member who this happened to and it was HORRIBLE. I couldn't believe it. However, knowing that the member was able to get the labor board on thier side and make the employer give the money back is awesome. And you stating "so in effect, their employer ended up paying off their payday loan" just cracks me up! Serves them right.


lrhall41

Submitted by cannr on Wed, 10/24/2007 - 18:23

( Posts: 9317 | Credits: )


fins, you're always so helpful! nikki, you can ask fins any questions regarding HR. You'll get great information. :wink:


lrhall41

Submitted by cannr on Wed, 10/24/2007 - 18:45

( Posts: 9317 | Credits: )


ok it looks like I am out of the woods with my concerns about CTC and my work. They offered me a settlement within my terms so that's good. I have a few others that are cooperating but yet still a few more that are difficult. One company called AIP told me that their $89 fee for a $200 loan is a "processing fee" and that they are legal in Indiana. I had the wrong fax number for them and they apparently don't have an email so I got a fax number to send it to the "managment". I said that I would repay $230 for my loan....

Anyway some questions/concerns I have about dealing with these people...Should I expect to just keep going round and round with them if they don't agree to my payment suggestions? I am hoping to get them all taken care of by the end of December but even if they agreed to my payment totals I obviously can't make them all at once. What do I do if they insist that I must make the payment before I am actually able to? Also--what about all of these extra fees they try to tack on to the total balance like return check fees, late fees, etc. Am I to include those in the totals of what I have discovered to be legal?

A second concern--I have forwarded all of my documentation to my dmp counselor but since I have been able to negotiate a few of these loan payments I will take them out of my plan. Should I refer these other accounts to work with my DMP and what if they say they won't work with them?

I feel like I am making some progress but arguing with these people is ridiculous.....

any thoughts?


lrhall41

Submitted by nikkigrosso25 on Tue, 10/30/2007 - 08:28

( Posts: 22 | Credits: )


nikki, AIP can claim they are licensed. Not. You can get AIP resolved through the BBB. Was AIP a "verbal agreement"? Illegal.


lrhall41

Submitted by cannr on Tue, 10/30/2007 - 21:49

( Posts: 9317 | Credits: )