Pay Day Loan Nightmare!!

Loan Terms:
Maximum Loan Amount: $300
Loan Term: Max: 31 days
Maximum Finance Rate and Fees: 15%
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: Not Specified
Rollovers Permitted: None
Cooling-off Period:
Repayment Plan:

Collection Limits:
Collection Fees: Lesser of: NSF fee of $10 or actual charge
Criminal Action: Prohibited

Where to Complain, Get Information:
Regulator: South Carolina State Board of Financial Institutions
Address: Consumer Finance Division, P.O. Box 11905 Columbia, SC 29211
Phone: (803) 734-2020
Fax: (803) 734-2025
http://www.scconsumer.gov/

Did you send the PDL's letters revoking authorization and revoking any wage assignment you may have signed?

Wow jena, I feel really bad for you and I am sorry you are going through this. Hang in there, someone with more experience will be along shortly to help. I am now starting to get threatening phone calls and emails. Let me see what else I can find to help you.

no I've done nothing, I just found this site like an hour ago through referral from another credit forum. what's the info you posted. sorry 'm just freaking out... :cry:

dont freak out jena. calm down. i am going to private message you a letter that i need you to send to all the pdl's you have. are any of them storefronts or just all internet?

all internet.

did you get my pm?

no, its still showing no new messages.

how about now? just go to your inbox and see if it is there.

I just tried to PM you because I still don't show anything

Jenna, I am really sorry this is going on and things have been so difficult for you. Know that they are indeed blowing smoke. I am going to do a little research on your pdl companies so just hang in there. I know this is scary and difficult and you have a lot on your plate. We will help you get through this.

jena~got your pm. did you get my reply? if not, then just email me and i will send the letter to you that way instead. im not sure why you cant receive my pm's.

you havent closed your bank account have you? you cant let them continue to hit your account like that. call the bank and see if you close it will they force open it if another debit comes through. if they do not force open it then its safe to close it and open a new one with another bank if possible. i would speak with a manager and tell them that you had some unauthorized transactions hitting your account and putting you in the negative.

if they wont close the account then tell them that they need to put your account on deposit only status. tell the bank that you have contacted the BBB and your attorney general and your state DFI and they informed you to close the account.

you have to do this ASAP.

did you get my PM yet?

Jena, Which Cashnet is this...there are a few out there.

Jena, according to the laws in your state criminal action is prohibited so you can not go to jail. You might try printing the state laws so that your supervisor can read this for himself.

Jena. I'm from SC, and I was going through the exact same thing with my ipdls. First, you need to either put your account on deposit only status, or you need to close it. These people will continue to hit your account as long as they have access to it. I know that you are in checksystems, but you can probably still find a bank that will let you have an account. Do a search on this site to see if anyone has had to do the same. Also, you need to make arrangements to clear this up with your bank. Talk to the manager, and if you can't get satisfaction there, then go even higher up. I can tell you for a fact that there is nothing that these ipdls can do to you other than harrass you by phone. They aren't licensed in this state at all. Also, send a complaint to the South Carolina Dept. of Consumer affairs. Here is the link that you will need to file your complaint.

http://www.scconsumer.gov/

Also, I'm sorry that they are harrassing you at work! Start emailing them often. Keep letting them know that you only owe them the principal amount that you borrowed and keep sending them the state law, over and over and over. One member here did that that they actually told the member to stop emailing them!!!:-)
It's hilarious...imagine them getting tired of us! Serves them right because they are not even lending money legally. Hang in there...it's a bumpy ride at first, but it gets better. You will probably be able to clear this up more quickly than you think. PM me anytime. :-)

Also, I just wanted to let you know that according to our state's law, you are only to be charged $15 per $100 borrowed, and no rollovers are allowed. According to my calculations you owe the following amounts:

Geneva Roth: 140
SSM: 50
Sagamore: 110
BIG LTD: 75
Tremont: 162.50
Cashnet: 267.50

This is the amount that you owe them legally and according to our law. Send them a cease and desist letter, also, requesting that they communicate with you only by usps or email. All communication should be conducted in writing so that you can keep proper documentation. They have been known to respond to you one way and the SCDCA another way. This way you have proof. Also, make sure you send everything certified return receipt mail so that you have proof that they receive your correspondence. If they attempt verbal contact, simply state that you have requested in writing that all communication be written, and hang up. You might have to do it a few times before they actually get the message that you are serious and are not going to let them cross that boundary.

i have just went into default this friday with fastwire cash ipdl and now a collection company call access financial, llc is emailing me sayin i need to pay in full or legal action will b taken

thanks guys...sorry I disappeared for a minute...I was busy getting fired. Someone PM'd me letter I can format to my situation and send to them, so that happens tomorrow and I'm calling the bank in the morning. after that off to file complaints with the dept of consumer affairs someone left above. this couldn't come at a worse time. I just left my abusive boyfriend and told my job what was going on and tok some time off to move and get situated with my son who as been sick all this time they've been calling my job. my job said due to all my issues they don't feel me working there is a good "work/life" balance so I'm trying to keep it together and deal with this. thanks for all your help. I'll be back soon with more questions.

jena...hang in there. Sounds like you are going through a very rough time right now....believe me been there , done that. I always think to myself when I'm at the bottom there is no where to go but up!!!

to answer the question about cashnet...the website was payday-loan-yes.com if that helps.


I also just got this in my email from a company called Capital Collections for another internet lender called Cash Advance Now:

[quote]Case number: 29313


This is to notify you that our client has authorized us to move your account forward and start with the legal prosecution for this account. After six months of trying to solve this matter it has been impossible. Please note that our client will charge the following fees:


Check Amount $275.00

Damages $825.00 (three times the amount of the check)

Extensions $1,000.00

Plus Attorney????????s fees.

Please note that court cost and Attorney????????s Fees will be added. Also note that according to SC Code you are liable for criminal prosecution and this office will execute all available legal remedies in order to resolve this matter including the complaint for warrant for your arrest (see files attached, copy of the check, copy of your ID and the Complaint for Warrant). The information will be turned over to the corresponding authorities by next week. You have time until November 16th in order to pay this IN FULL as an OUT OF COURT SETTLEMENT FOR $300.00 as follow:

Checking or savings account

Or

We do accept payments with Western Union Quick Collect (white and blue form)

Payable to: Capital Collections LLC

Code City: ECHECK

State: MS

Account Number: 29313

Settlement Amount: my name is here

Western Union Quick Collect by phone (with your credit card) 1-800-634-3422.

Western Union Quick online (with your credit card) click HERE. (Select Capital Collections LLC from ???????other billers??????? industry drop down menu

Please see attached files including the complaint for warrant and as well as copy of the promissory note you signed, the check and a copy of your ID; such documents will be turned over to the corresponding authorities of SC

Danielle Anderson

Capital Collections

Legal Department

(888)-579-8904 ext 105

______________________________________________________________________

P.O Box 3477 Gulfport, MS 39505
Phone: (888)579-8904 Ext.: 112 / Fax: 866-947-2565 Email: [email]johnmiller@capcollections.com[/email]

Confidentiality Notice: This message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message

I have enclosed a copy of the digital file Criminal Complaint for warrant (draft)

IN THE MAGISTRATE COURT OF

N. Charleston

CITY, SC

STATE OF SC

V.

Name Removed

Case Number:

072051

Defendant

my address here

my phone number here

my ssn here

Telephone

Social Security Number

Driver????????s License Number

Date of Birth
_________________________________________________________

CRIMINAL COMPLAINT: WORTHLESS CHECK
____________________________________________


????, the undersigned complainant, upon my oath or affirmation, state the following to be true and correct to the best of my

Knowledge and belief. On

8/23/2006

in

N. Charleston

(date)

City, SC, the defendant did issue and deliver to

Cash Advance Now

a check (described below) for the payment of money when the defendant did not have sufficient funds on deposit in or credit with
this bank with which to pay the check upon presentation, in violation of SC Law ???? 5.1719
The above referenced check, which is enclosed with this complaint, contains the following information:

Date:

8/23/2006

Check Number:

Check #1009

Bank Name
Usaa


Pay to the order of:

Cash Advance Now

$275.00

$275.00 **

Dollars

For:

PayDay Loan

I further state that:

1. Notice of the dishonored check (check one) ?????? has not ?????? has been sent by certified mail to the defendant (If notice
was sent by the complainant, proof of mailing must accompany this complaint. Such proof is either the certified mail
return receipt or the actual mailed notice showing that the notice was returned undelivered or returned refused.)

2. When accepted, the aforesaid check was not post-dated and I was not expressly notified nor did I have any other reason to
believe that the check would be dishonored

3. I request that a warrant issue for the arrest of the defendant.

Supplemental information regarding the identity of the above-named defendant and /or a service charge levied for the
dishonored check (check one) ?????? is ?????? is not attached. This information is given under oath or affirmation and is incorporated
herein by reference.

John Miller, Capital Collections

P.O. Box 3477, Gulfport, MS 39505

Complainant????????s Name

Complainant????????s Address

(888)579-8904

Complaint????????s Telephone

Complainant????????s Signature

Subscribed, sworn or affirmed before me and signed in my presence, this 06th day of November 2007

SC Law ???? 5.1719

??????? Return

SCA-M333-1/5-98

??????? Defendant
??????? File
???????Complainant
??????? Prosecutor

Worthless Check Complaint Case No.(s) 0720501

A. The following supplemental information regarding the defendant in the above-referenced case (s) is offered pursuant to SC Law
???? 5.1719[/quote]

Hi Jena. I am so sorry for what you are going through. The email threatening to have you arrested is a load of crap. You CANNOT be arrested for defaulting on a pdl. Yes, you can be taken to court, but it is a civil matter, not a criminal matter. Also, since they are probably not even licensed to lend money in this state then they are really not likely to take you to court. They wouldn't risk having a judge get involved.

Question - Is this a storefront?

Also, did you send them a check? Was it postdated?

First off, criminal action for bouncing a payday loan is prohibited. They can't have you arrested, because according to the laws of SC, it's not a worthless check.

Also, here's some laws:

[quote]SECTION 37-5-107. Extortionate extensions of credit.

(1) If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person, the repayment of the extension of credit is unenforceable through civil judicial processes against the debtor.

(2) If it is shown that the creditor then had a reputation for the use or threat of use of violence or other criminal means to cause harm to the person, reputation, or property of any person to collect extensions of credit or to punish the nonrepayment thereof, there is prima facie evidence that the extension of credit was unenforceable under subsection (1). [/quote]

Quote:

Also, they broke the law by:

[quote](iv) communicate with anyone other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the attorney of the creditor or debt collector, unless the consumer or a court of competent jurisdiction has given prior direct permission; [/quote]

I don't think your boss or HR dept was your attorney, so that is a definate law they broke.

Quote:

Quote:

I looked up Capital Colletions in the fourm search and there are several threads. They all say this company threates arrest and criminal action. This is the first time I have seen or heard of a company going this far. Is this an unusual situation?

Is Cash Advance Now a storefront or an internet based company?

She posted this at the top of her entry:

Also, since Tremont is known for doing this, here is the SC law against wage assignments, even though it wouldn't apply in your case right now.

Quote:

Also,

[quote]SECTION 34-39-180. Restrictions and requirements for deferred presentment or deposit of check.

(A) A licensee may defer the presentment or deposit of a check for up to thirty-one days pursuant to the provisions of this section.

(B) The face amount of a check taken for deferred presentment or deposit may not exceed three hundred dollars, exclusive of the fees allowed in Section 34-39-180(E).

(C) Each check must be documented by a written agreement signed by both the customer and the licensee. The written agreement must contain the name or trade name of the licensee, the transaction date, the amount of the check, and a statement of the total amount of fees charged, expressed both as a dollar amount and as an effective annual percentage rate (APR). The written agreement must authorize expressly the licensee to defer presentment or deposit of the check until a specific date, not later than thirty-one days from the date the check is accepted by the licensee.

(D) The board shall require each licensee to issue a standardized consumer notification and disclosure form in compliance with state and federal truth-in-lending laws before entering into a deferred presentment agreement.

(E) A licensee shall not charge, directly or indirectly, a fee or other consideration in excess of fifteen percent of the face amount of the check for accepting a check for deferred presentment or deposit. The fee or other consideration authorized by this subsection may be imposed only once for each written agreement. Records must be kept by each licensee with sufficient detail to ensure that the fee or other consideration authorized by this subsection may be imposed only once for each written agreement.

(F) A check accepted for deferred presentment or deposit pursuant to this chapter may not be repaid from the proceeds of another check accepted for deferred presentment or deposit by the same licensee or an affiliate of the licensee. A licensee shall not renew or otherwise extend presentment of a check or withhold the check from deposit, for old or new consideration, for a period beyond the time set forth in the written agreement with the customer.

(G) If a check is returned to the licensee from a payer financial institution due to insufficient funds, closed account, or stop payment order, the licensee may pursue all legally available civil means to collect the check including, but not limited to, the imposition of a returned check charge as provided in Section 34-11-70(a), except that the service charge imposed by the licensee shall not exceed the lesser of ten dollars or the fee imposed by the financial institution on the licensee for the returned check. An individual who issues a personal check to a licensee under a deferred presentment agreement is not subject to criminal penalty.[/quote]

Quote:

This is just a scare tactic. They cannot have you arrested for a bad check. It's actually against the law for them to threaten.

Since you have paperwork from them threatening this, you need to call your state Regulator:

South Carolina State Board of Financial Institutions
Address: Consumer Finance Division, P.O. Box 11905 Columbia SC 29211
Phone: (803) 734-2020
Fax: (803) 734-2025
Regulatory Contact: C. Dean Bratton,, Commissioner of Consumer Finance

ASAP! Call them, tell them the situation, tell them you have paperwork from them showing they are threatening criminal charges against you. According to SC law, if the determine a violation has occured, you can recieve money from the company.

thanks guys... all of them are internet companies, no storefront companies. I will be calling C Dean Bratton on Monday, will definitely keep everyone posted.

to answer the question about capital collections, its not a special situation. I'm going to try to go to Bank of America next week and get a new acct, I'm on hold with my current bank now. I can't afford to send out anything CMMR until next wed so that's when the cease and desist letters go out. If they are willing to take what I actually owe them based on someone else's replay then I may be able to pay off these goons before months's end. To they normally repond well to these settlement offers or am I in for a battle???

should I email cease and desist letters to the ones I can email or should all of the first correspondence be CMMR?

jen, just me personally, I sent everything email/fax/and certified mail. Hell, I did it every way possible! But, that's just me. Just as long as you do send a hard copy to them certified to make sure they got it (so they can't claim they didn't). But I faxed and emailed it also.

I called my bank and was told that I can change my account info and get a new bank account #! Hopefully this works so that I get my life back, good advice!

I was able to do the following in addition to getting the address to send them CMMR this week.

Email:
Payday Loan Yes/Cashnet

Fax:
Geneva Roth
Tremont Financial
Sagamore

I also have fax numbers for SSM Group LLC and Geneva Roth Ventures but can not find addresses to mail them out, can anyone help. Also for BIG I can find neither fax nor address.

I'm posting whatever I can find.

Geneva Roth Ventures
PO Box 148
Mission, KS 66201

Geneva Roth Ventures II
PO Box 2643
Kansas City, MO

Geneva Roth Cap AKA Express Loans
PO Box 148
Shawnee Mission, KS 66201

For BIG, use this:

1005 Terminal Way, Ste. 110
Reno, NV 89502

Phone: 1-800-680-2177
1-800-670-4175
1-877-210-9423
Fax: 1-800-690-9926

great thanks so much!!!

Only one left is SSM Group LLC

jen, I'm searching. I think they go by another name. I've found past posts regarding them; however, not with this name or an address posted. I looked on the BBB and can't find squat. Gee, tells me they're not very legal! I'm still looking. I'm on a quest now!

how about OLS Marketing, some of my initial emails when I was applying came from them bu the actual loan docs say SSM Group LLC

Nothing on OSL. However, I did find that ssm group llc is associated (one in the same) with sjm marketing/platinum b. Nasty, nasty, nasty. Here's what I found for them anyway:

SJM Marketing
PO Box 558
Shawnee Mission, KS 66201

Platinum B Services
SJM Marketing
3600 Forest Dr Ste 100
Columbia, SC 29204

i have recieved a phone call from total lending threatening me saying they will filed a civil action against me they will send the police here to serve me papers and when hung up in his face he continues to call me ova and ova again i think like 30 times back to back and when i said i will report him he says go head i don't care i will call ur job everyday every hour can they do that