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Westbury Ventures Nightmare - help??

Date: Wed, 12/12/2007 - 10:48

Submitted by anonymous
on Wed, 12/12/2007 - 10:48

Posts: 202330 Credits: [Donate]

Total Replies: 27


Ok, I went to my bank and this is what I was told:

- The bank called Westbury and they said it’s for a loan that I took out last year and that, in addition to the $390 they already took, they will be taking $90 on the 14th and $90 on the 28th.
- Westbury also told the bank that if they give me the money back, Westbury will consider it theft and fraud (since they gave me another payday loan last week) and will pursue “further legal action”
- The bank told me to call the claims department and cancel my claim on the money that was taken since it’s valid – the contract I signed for the IPDL says they can debit any account I have
- They will not close my account while it’s in the negative and may continue to pay whatever debits come through from Westbury

These are my questions:

- If the bank doesn’t pay the money they are going to debit in the future, can Westbury sue me and/or pursue criminal action? I am in Arizona. Westbury says they are not governed by the laws of Arizona since they are in a different location.
- If I don’t cancel the claim, is that fraud?
- What do I do about the current payday loans I have out? If Wells Fargo won’t close my account, and the two payday lenders I have now try to take money and it goes through, I don’t know if that’s good or bad!!

Is there anyone on here that would be willing to call me and speak to me on the phone? I’m desperate and I have so many questions that I need answered and I don’t know what else to do at this point – it feels hopeless.


Kira, I am going to bump this up too. I do know that Kash is right that your state pdl laws are what the company is bound to go by. I also believe you can revoke debit authorization to the pdls at any time. I would write them a letter revoking debit authorization to any account you have. There are a couple of people who are more banking "experts" than I that are on during the day and they should read this and be able to answer your questions. Hang in there.


lrhall41

Submitted by RoxyNY on Wed, 12/12/2007 - 19:21

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Your bank is not a party to the agreement between you and Westbury, therefore they need to not make the decision to say "well you signed a contract" and tell you what you should be paying on and not paying on. If I go into the bank and say can you stop my mortgage ACH draft from my mortgage company, they do not have the grounds to tell me "well voleyballmom, you need to pay your mortgage".


Your account belongs to YOU not Westbury...go INTO the bank and talk to the branch manager. Tell them you did not authorize the debits and you have not been given proof by ANYONE to the contrary...period.

It is disappointing to hear that someone from the bank would take a verbal word of someone over the phone from Westbury and make a decision based on that.


lrhall41

Submitted by volleyballmom on Thu, 12/13/2007 - 08:00

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i have gotten 2 threatening phone calls just this week from westbury. about 3 months ago, they kept trying to debit my savings acct, it did not pay, but i kept getting charges. i finally closed the acct, now they are calling me at work.
i hate it!


lrhall41

Submitted by on Thu, 12/13/2007 - 08:39

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Kira...Volley is absolutely right. I stopped Westbury from debiting my account...my bank co-operated fully with me. It is your account and you can stop payment if your wish to do so. My bank did not question me about a contract or anything that is none of their business.
Mrs.Cool...did you ever take out a loan with Loanshop..Geneva Roth/Loanpoint USA/Xpress Cash...all these places are with Westbury and they have more...??


lrhall41

Submitted by laura19544 on Thu, 12/13/2007 - 09:03

( Posts: 456 | Credits: )


What I've heard from so many people is that Wells Fargo is the worst bank to work with. And thus far, that has been my experience in trying to get them to help me with this situation.

When I was at the bank yesterday, the lady told me that Westbury told her they would fax her the contract that I signed. Of course, they have not. They also told her that they are affiliated with 140 different PDL lenders, FWIW.

I'm definitely not withdrawing my claim with the bank; especially since I haven't even seen a contract. But I am concerned that the WF lady (Angela) will do it for me without me knowing.

At this point, my biggest concern is the two IPDLs I have out now; I'm not going to have the money to pay them off until at least January, and I don't even know what to do. If WF won't close my account while it's in the negative, and they continue to pay Westbury, there's no way that the two IPDLs now will be able to get their money.

So if they try, and it bounces back, can I just pay them off in January or will I end up owing hundreds of dollars more than I would have?

Also, the bank told me that they won't put a hard block on my account while it's in the negative - they consider that closing the account.


lrhall41

Submitted by kira.knight on Thu, 12/13/2007 - 09:32

( Posts: 9 | Credits: )


kashzan,

I'm done "dealing" with them in the sense that I stopped my direct deposit from going into that account and instead opened an account at US Bank. But I guess I'm kind of on the fence about keeping after them in regards to the claim issue.

I haven't called to withdraw my claim, but I also haven't called today to check on the status - I guess I'm worried that they are going to tell me that Angela from the bank told them that it was not fraud so they've stopped processing it.

When I was at the actual bank with them yesterday, I spent an hour and a half (and I'm not exaggerating that) going around and around with them about this issue, with the lady's final words to me being "Well, you got yourself into this mess, dear." I was so disgusted after that comment that I just got up and left without another word.

Side note, the bank manager was conveniently absent yesterday, so I requested in the middle of my conversation with Angela that the bank manager call me - she said she'd see what she can do.

I asked her if she knew the banking laws and she said "Well, I don't know ALL the laws, but I do know if you signed a contract, they can legally take out all the money you owe them."

I asked her if she was aware of the legal status of this particular company, and she told me it was irrelevant.


lrhall41

Submitted by kira.knight on Thu, 12/13/2007 - 09:58

( Posts: 9 | Credits: )


I think you should file a complaint with the bbb and your states ag's office thats what i did and there willing to close my account


lrhall41

Submitted by katesia2002 on Thu, 12/13/2007 - 10:01

( Posts: 50 | Credits: )


Of course not - she spoke to someone from Westbury in front of me who told her they would fax over the contract to her. Of course, they haven't, and they won't and she emailed me today and told me I needed to contact them directly to get the contract. But to be perfectly frank, I have less interest in speaking to them than I do in knawing my own arm off.


lrhall41

Submitted by kira.knight on Thu, 12/13/2007 - 10:05

( Posts: 9 | Credits: )


So if I call them, and start citing laws to them (Westbury, I mean - not the bank), and provide them with my fax number, are they going to A) fax it to me and B) just tell me they don't have to comply with Arizona laws, etc.?

I've read the information on this site about AZ laws, but I'm still a little confused about what is legal/what isn't legal.

For example, they are trying to say I owe them $570 for a $300 loan...and that everything thing over $390 is not interest - it's re-fi fees.

Is that legal?


lrhall41

Submitted by kira.knight on Thu, 12/13/2007 - 10:17

( Posts: 9 | Credits: )


So I called Westbury and asked them to fax me a copy of my contract directly. Of course I had to talk to four different people only to end up with the person who originally answered the phone, but that's beside the point.

She said she would fax it to me, and instead faxed me and authorization to release information that has to be signed and notarized before they will fax me the contract.

Why in the world do I need to sign an authorization for them to release information about me...to me?!?!?! SHould I call them back?


lrhall41

Submitted by kira.knight on Thu, 12/13/2007 - 11:13

( Posts: 9 | Credits: )


Yet another question:

Since I now have these people's fax number (Westbury), should I send them any documentation? Letters saying I don't want them to debit my accounts now or in the future and that I want my $390 back?

If so, does anyone have the verbiage I should use and what process I should follow?


lrhall41

Submitted by kira.knight on Thu, 12/13/2007 - 11:33

( Posts: 9 | Credits: )


To answer a few questions and some updates:

No, I don't have a copy of the original contract for the original payday loan that I supposedly took out last year that authorizes them to debit any account I'll ever have; it was an IPDL, and in asking Westbury for a copy of alleged contract, I got the Auth. to release information faxed instead. They did tell me I could get it online, but conveniently disconnected me when I asked where. When I called back, they hung up on me.

I've sent them a letter revoking all further debits by them and any affiliates or partners to any account I hold now or may hold in the future.

The BIG news is that I went in yesterday and deposited enough cash in my checking account at Wells Fargo to bring it to zero and was able to close my account with them this morning.

They indicated to me that NO transactions period can go through now that the account is closed and told me there was nothing pending. I don't believe anything I hear anymore, but I did try to login to my online banking website and got a message stating I had no open accounts to access, so that encourages me a little that the bank account is closed.

Now at this point, I'm going to have to come up with something to say to the two IPDL lenders that are expecting a extension fee to come out of my account on the 21st. Any guidance?


lrhall41

Submitted by kira.knight on Fri, 12/14/2007 - 09:17

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Wonderful! Glad to hear you were able to close the account!

If I recall correctly, Westbury got your new (now closed) account info because of the new IPDLS you have right? DO NOT give the new IPDLs your next new account info if you open one.


For the 2 PDL's that you want to pay on the 21st, make other arrangments..you can call them if you like to let them know, or send them a money order.


lrhall41

Submitted by volleyballmom on Fri, 12/14/2007 - 09:27

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Right on, goudah! God, I love you! :D


lrhall41

Submitted by cannr on Fri, 12/14/2007 - 12:23

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