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Spoke to Ameriloan Again....

Date: Wed, 11/28/2007 - 11:32

Submitted by anonymous
on Wed, 11/28/2007 - 11:32

Posts: 202330 Credits: [Donate]

Total Replies: 20


ameriloan called me yesterday and gave me a final chance to make payment arrangements. I flat out refused and told him that AZ law makes the debt void and therefore I do not owe it. The then goes on to tell me I went on voluntarily to get the cash and even went on to say that since it is over the internet, my contract with them is valid and my state's laws do not apply. I replied, Oh they do apply and they apply to wherever the person is taking out the loan resides. I also countered back is it not whether the consumer is voluntarily taking the cash out, BUT Ameriloan offering their Cash Advance services WITHOUT A LICENSE.... So in AZ, without having a licensing and they approving me for a loan, they committed a crime..A Class 1 Misdemenor in AZ. I told them bring it on because no judge would side with them. I am thinking about starting a website for anyone who has done business in AZ with Ameriloan, 500 Fastcash, and Paycheck Today and grouping all of together and hire an attorney and file a class action lawsuit against Ameriloan for illegal business practices in the State of AZ. Also, vistit ripoff report on the web and type in Ameriloan and there are several compalints on this company.


No I have not paid the priciple back. By AZ law, if they are not licensed...they can not leagally collect priciple and/or finance charges. And I plan not too since the law is on my side here.

Please see the excerpt from AZ Law:

6-1262. Violation; classification; individual liability
A. A person that provides deferred presentment services without a license is guilty of a class 1 misdemeanor.
B. A licensee that violates this chapter or the rules adopted pursuant to this chapter is subject to revocation of the licensee's license and is guilty of a class 1 misdemeanor.
C. An officer or agent of a corporation or association who participates in a violation of this chapter is subject to the penalties prescribed in this section.
D. Except as the result of an accidental or bona fide error, if the licensee charges, contracts for or receives any amount in excess of the fees expressly permitted by this chapter, the deferred presentment is voidable and the licensee has no right to collect or receive any fees in connection with the deferred presentment transaction. Any deferred presentment transaction that is made by a person who is required to be licensed pursuant to this chapter but who is not licensed is void, and the person has no right to collect, receive or retain any principal or other fees in connection with that deferred presentment transaction.


lrhall41

Submitted by on Wed, 11/28/2007 - 11:38

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True, but if you do bring on the lawyers it looks better if you do pay them back at least the principal. That way you don't encourage other people to borrow money and not pay any of it back..... Because if people do that when they know a PDL is illegal and can thus get 'free' money, that is when it really become fraud (and not like everyone else where they tell us we are commiting fraud, when we didn't know what we were getting into).


lrhall41

Submitted by pokogeo on Wed, 11/28/2007 - 13:30

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I did offer the pricipcle, but they kept demanding the full 400 on a 250 dollar loan. Obviously you don't commit fraud by not paying anything. They are the ones who ARE offering the payday loan services where they are niot licensed. Yes it is moral to payback the priciple and if do bring legal action, I will pay the principle at that point. Also, when companies don't take a settlement I offer, I will not work with them period. If this shows up on my credit reports, I can an dwill dispute it since the debt is void under AZ Law. Bottom line is.....If these companies do not want to lose their funds, don't offer these illegal loans and I am trying to make that point to them. It is that simple because state law allows you to just walk away. I understand the moral thing of paying back what you borrowed, but ameriloan is ruthless.


lrhall41

Submitted by on Wed, 11/28/2007 - 14:08

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I know we could go on and on about this for days, but I do agree with Kash, Poko and Frog. I know of many illegal PDL's in California but I am not going to go take out a loan and not pay the principal back just because they are operating improperly. I do say NO to the fees though (as Poko mentioned).

A moral choice indeed, but you pocketed, paid bills, etc. with the principal amount.

Good luck


lrhall41

Submitted by volleyballmom on Wed, 11/28/2007 - 14:26

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That works I guess, but you know they aren't going to bring legal action against you because a case you could bring against them would be much worse than they can bring you.

Personally, I decided that if they won't accept my offer, I'm going to send them a money order anyway, with a letter stating that if they cash this they consider my account PIF and that will be that. That way if I hear from them ever again, I'll have proof that they cashed it and my account is good...


lrhall41

Submitted by pokogeo on Wed, 11/28/2007 - 14:28

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I agree with you all. Danka is the reason this country is in the toilet. What a deadbeat. Borrow the money and then not pay anything back. We as consumers need to be socially and morally responsible. It sounds as if the intent when danka took the loan out was to try to get free money. Did you take out because you found this law and never intended to pay it back?


lrhall41

Submitted by on Thu, 03/19/2009 - 18:41

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do you realize you are responding to a post 2 1/2 years old?geez. :roll: :roll:


lrhall41

Submitted by paulmergel on Thu, 03/19/2009 - 18:45

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I was an employee of AMERILOAN and yes they are ripping people off. and they are ripping there employees off too. They are out for number one and how much money that they can get for the simple person that is in the need for help. Its funny how no one reads the contract and that is what they are depending upon. They are bottom feeders. anyone want to contact me in regards to a lawsuit please contact me 913-944-5214


lrhall41

Submitted by on Fri, 08/14/2009 - 14:54

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