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Debtconsolidationcare.com - the USA consumer forum

Help!!! PDL are killing me....

Date: Thu, 03/06/2008 - 08:15

Submitted by mjm43566
on Thu, 03/06/2008 - 08:15

Posts: 16 Credits: [Donate]

Total Replies: 134


Duplicate post removed as per forum rules. The url of the original post is given below. - Jason

http://www.debtconsolidationcare.com/paydayloan/rolling-fees.html


I did go yesterday to the bank to get my account closed. They said that they would do that, however; that once the ACH's came through it would open it again. I asked if there was something I could do as I am working to get these companies to not be taking out of my account. They finally put my account to credits only but said that was only for 10 days. After 10 days they could start taking money out again. I do not know what to do.

Also I see that in Ohio they can not do rollovers. Does this mean that I have rights to some of the money back that I have given to companies such as the loan shop? I am confused about the laws and actually what rights I have. I am not looking forward to the phone calls that I know are going to start. Especially at work since I have moved to a new department.

I am very scared and I have been making my self sick over this. I know I got myself into it and I am trying to get out of what I put myself into but I believe that are quite a few of these companies I have paid way way to much with it not going toward the principle.


lrhall41

Submitted by mjm43566 on Thu, 03/06/2008 - 09:09

( Posts: 16 | Credits: )


I would tell your bank that you have lost your checkbook and that you have some identity theft. Get that account frozen for good....open another account at another bank soon if you can...that's just another suggestion. I know that getting a full paycheck is worth this fight...


lrhall41

Submitted by purplegirl69 on Thu, 03/06/2008 - 09:16

( Posts: 250 | Credits: )


I did tell them it was fraud and they could still only do 10 days. I have opened another account with another bank and that is where my check is going to be deposited. I am just worried that they will be able to re-open the other one and make me pay the overdraft charges again. I have already had over $1000 in the fees not to mention the ones I am paying to the pdls.


lrhall41

Submitted by mjm43566 on Thu, 03/06/2008 - 09:25

( Posts: 16 | Credits: )


Hi mj, please relax. I am in Ohio and I have been in your shoes. I had 10 pdl's when I found this site. What bank are you dealing with? I am glad that you opened another account. You need to go to your previous bank and request them to put a hard hold on the account so nothing can come in or out. They may tell you they can't but they can. Ask to speak to a manager if you aren't getting the answers you want. Everything is going to be fine. Don't make yourself sick over this stuff anymore because it is going to get better.


lrhall41

Submitted by Sassnlucy on Thu, 03/06/2008 - 09:37

( Posts: 2698 | Credits: )


you might want to go to your bank and ask for a supervisor.....tell them you have fraud and need the account to not ever be re-open to cause any more fees to occur...I would also call their customer service line and speak to someone in fraud....


lrhall41

Submitted by purplegirl69 on Thu, 03/06/2008 - 09:38

( Posts: 250 | Credits: )


I have spoken to the manager at the charter one bank and they had no clue what to do. They called customer service and they are the ones that said they would mark it credits only for 10 days. It was in the fraud department. I forgot to mention that the customer service said that in order for me to put it into permanant credit only I would have to have a case number from an attorney. If I can't afford to pay all these fees right now how can I afford an attorney. Any suggestions?


lrhall41

Submitted by mjm43566 on Thu, 03/06/2008 - 09:45

( Posts: 16 | Credits: )


How do I go about asking for a refund? Also what if they say it is governed by the state they are located in?

To make sure I understand this correctly you mean that if I took a loan out for $300 I only needed to pay that much and not all these other fees that I have been paying? I just want to make sure I understand. Should I contact the AG in Ohio for help?


lrhall41

Submitted by mjm43566 on Thu, 03/06/2008 - 09:52

( Posts: 16 | Credits: )


Most cities have a free legal aid clinic available to people on a sliding scale. Check with them. Also, try telling the bank that you have sent a letter to these places telling them to stop taking money from the account (be sure and actually send a letter to them all, certified mail, and make copies), show the banker a copy of those letters, and tell them that in the future, any withdrawals these people make are considered unauthorized. Then, if they continue trying to take money out, you will have the right to do an unauthorized ach transaction claim with the bank. That way they can justify reversing any fees they charge you. What bank are you with? I've worked at a few and know some of their tricks to make things work. The branch manager didn't know how to flag your account? That's pretty bad!


lrhall41

Submitted by swedishgirl on Thu, 03/06/2008 - 09:53

( Posts: 326 | Credits: )


Maybe this will help you... Someone posted this for another member when they were having problems..

Take this to your bank.You have the right to revoke ALL ach debits from your account.
Per the Electronic Funds Transfer Act:

Quote:
???? 205.10 Preauthorized transfers.

(a) Preauthorized transfers to consumer's account--(1) Notice by financial institution. When a person initiates preauthorized electronic fund transfers to a consumer's account at least once every 60 days, the account-holding financial institution shall provide notice to the consumer by:
(i) Positive notice. Providing oral or written notice of the transfer within two business days after the transfer occurs; or
(ii) Negative notice. Providing oral or written notice, within two business days after the date on which the transfer was scheduled to occur, that the transfer did not occur; or
(iii) Readily-available telephone line. Providing a readily available telephone line that the consumer may call to determine whether the transfer occurred and disclosing the telephone number on the initial disclosure of account terms and on each periodic statement.
{{10-30-98 p.7369}}
(2) Notice by payor. A financial institution need not provide notice of a transfer if the payor gives the consumer positive notice that the transfer has been initiated.
(3) Crediting. A financial institution that receives a preauthorized transfer of the type described in paragraph (a)(1) of this section shall credit the amount of the transfer as of the date the funds for the transfer are received.
(b) Written authorization for preauthorized transfers from consumer's account. Preauthorized electronic fund transfers from a consumer's account may be authorized only by a writing signed or similarly authenticated by the consumer. The person that obtains the authorization shall provide a copy to the consumer.
(c) Consumer's right to stop payment--(1) Notice. A consumer may stop payment of a preauthorized electronic fund transfer from the consumer's account by notifying the financial institution orally or in writing at least three business days before the scheduled date of the transfer.
(2) Written confirmation. The financial institution may require the consumer to give written confirmation of a stop-payment order within 14 days of an oral notification. An institution that requires written confirmation shall inform the consumer of the requirement and provide the address where confirmation must be sent when the consumer gives the oral notification. An oral stop-payment order ceases to be binding after 14 days if the consumer fails to provide the required written confirmation.
(d) Notice of transfers varying in amount--(1) Notice. When a preauthorized electronic fund transfer from the consumer's accounts will vary in amount from the previous transfer under the same authorization or from the preauthorized amount, the designated payee or the financial institution shall send the consumer written notice of the amount and date of the transfer at least 10 days before the scheduled date of transfer.
(2) Range. The designated payee or the institution shall inform the consumer of the right to receive notice of all varying transfers, but may give the consumer the option of receiving notice only when a transfer falls outside a specified range of amounts or only when a transfer differs from the most recent transfer by more than an agreed-upon amount.
(e) Compulsory use--(1) Credit. No financial institution or other person may condition an extension of credit to a consumer on the consumer's repayment by preauthorized electronic fund transfers, except for credit extended under an overdraft credit plan or extended to maintain a specified minimum balance in the consumer's account.
(2) Employment or government benefit. No financial institution or other person may require a consumer to establish an account for receipt of electronic fund transfers with a particular institution as a condition of employment or receipt of a government benefit.

[Codified to 12 C.F.R. ???? 205.10]

[Section 205.10 added at 44 Fed. Reg. 59471, October 15, 1979; amended at 45 Fed. Reg. 8265, February 6, 1980, effective May 10, 1980; 61 Fed. Reg. 19672, May 2, 1996]


lrhall41

Submitted by RoxyNY on Thu, 03/06/2008 - 09:53

( Posts: 4178 | Credits: )


At least you have a new account that is safe.Worst case scenario is that you will incur a pile of NSF charges that you will have to fight. Find out who the regional manager is and get in touch with that person. It took me months to find the right person but when I did my bank cleaned up the whole mess!


lrhall41

Submitted by Frogpatch on Thu, 03/06/2008 - 09:56

( Posts: 5381 | Credits: )


Ok...take this with you too....



That is the agency you can file a complaint with about your bank. There was antoher member that had the same problem with the same bank. Try taking the law and the info on the occ with you. If the branch manager will not help you, ask for his/her boss' name and contact information and call them.


lrhall41

Submitted by RoxyNY on Thu, 03/06/2008 - 09:57

( Posts: 4178 | Credits: )


Mjm, I am going to pm you something. Look at the top right side of the page under the blue phone..it says
You have 1 new messages... click on that. Each state is different on how involved the regulating agency will get in these cases...in my state the AG regulates these and he gets involved. You will also want to file with the BBB and FTC..but we are getting ahead of ourselves...check your pm's but give me a minute to paste the information for you.


lrhall41

Submitted by RoxyNY on Thu, 03/06/2008 - 10:10

( Posts: 4178 | Credits: )


Mjm, Since they are not licensed in your state, You are only obligated to pay back what you borrowed. I did that to make a point and to be honest...Cannr (who you will see lurking around here :lol:) did the calculations for me. She would help if you still wanted to do your letters that way.


lrhall41

Submitted by RoxyNY on Thu, 03/06/2008 - 10:25

( Posts: 4178 | Credits: )


NO, they will try to tell you that you have to follow their laws, but that is not the case. You live in OH and they have to follow OH law. In OH, internet pdls must be licensed in Ohio to lend in Ohio. I do not think your laws are posted on this thread, I will check, if not, I will post them for you so you have them for your letters.


lrhall41

Submitted by RoxyNY on Thu, 03/06/2008 - 10:34

( Posts: 4178 | Credits: )


no,they are bound by your state laws,don't let them tell you different.


lrhall41

Submitted by paulmergel on Thu, 03/06/2008 - 10:34

( Posts: 15514 | Credits: )


Unfortunately yes...if they have a way to. If you can control what happens to your phone calls at work..I would. I asked our operator if any one called me or in regards to me, to send it to my voice mail. Others have had their office mates tell them that they were fired. I took my own calls and told them I was not there or fired or out sick...depending on what kind of day I was having.


lrhall41

Submitted by RoxyNY on Thu, 03/06/2008 - 10:43

( Posts: 4178 | Credits: )


If I send them the letter that you sent to me doesn't that mean they have to stop? Also when you got your money back did they credit your account, send a check, etc. I ask only because I would think that it they send a check and you deposit it won't they get your account information again?


lrhall41

Submitted by mjm43566 on Thu, 03/06/2008 - 10:47

( Posts: 16 | Credits: )


I left my account as deposit only and it was deposited back.. I had nine and only go two refunds and not nearly what I overpaid. It is rare though. As for the revoking and cease and desist in the letter. Yes, they should put a stop to whatever you told them to...however....they usually play by their own rules and completely disregard the letter.


lrhall41

Submitted by RoxyNY on Thu, 03/06/2008 - 10:57

( Posts: 4178 | Credits: )


I am going to get my letters ready and prepare for battle. Do you think Cannr could help me like you were helped in the calculations. If so how do I get a hold of them? One more thing....do you have a letter or know where I could find a letter about trying to work with the ones I still owe money to to work out a payment plan?


lrhall41

Submitted by mjm43566 on Thu, 03/06/2008 - 11:01

( Posts: 16 | Credits: )


Hi RoxyNY I still have not been able to sign in but I started a new thread called help. Not sure if I am allowed to do that. If I am not I apologize. The latest is my bank let the charges go through because they did not put a hold all funds on the account so the credits only went within 24 hours and I did not even know it.


lrhall41

Submitted by on Fri, 03/07/2008 - 06:14

( Posts: | Credits: )


They did tell you 10 days correct...Hold them to their word. I sent you a pm without thinking...try this..when you log in it goes to the unauthorized page or whatever, by vikas, click at the top on edit profile and you should get your profile, then go to the top of the page and click on fourms, you should be able to get the pdl fourm from there. Some of us are having that problem... I think that is what is happening to you too


lrhall41

Submitted by RoxyNY on Fri, 03/07/2008 - 06:17

( Posts: 4178 | Credits: )


RoxyNY....When I got ahold of my banks DDA collections department they said that credits only would not just be for 10 days that it goes on until they are told to take it off or until the "hold all funds" is taking off. They did not put that on my account so the credits only came off. I do not know who to believe. The first person that said 10 days only or the second person today.


lrhall41

Submitted by on Fri, 03/07/2008 - 06:20

( Posts: | Credits: )


MJ, sorry my internet went down.. Mj try this...when you log on do you get the message from vikas that you do not have access...if you do, go to the top right side of the page and click on edit profile, your profile should come up, got to the top of your profile and click on fourms...then you can click on pdl. That is how I log on as me and get to the fourms.


lrhall41

Submitted by RoxyNY on Fri, 03/07/2008 - 06:29

( Posts: 4178 | Credits: )


Too bad you could not get the person you talked to (I hope you got their name) and the person you dealt with at the bank on a three way call. Do you have the name of the person you dealt with on the phone and at the bank??? Could you get one to call the other...as in get the person from the DDA to call the person at the bank with you on the phone?...becuase you can not get in there today.


lrhall41

Submitted by RoxyNY on Fri, 03/07/2008 - 06:31

( Posts: 4178 | Credits: )


Roxyny....The first time they called the person it was the bank talking to them while I was in the branch. They told the bank 10 days of credit only. I talked to Lisa today in DDA collections and she is the one that told me they need to put a hold all funds and that it would be on there till I told them to take it off. Lisa also told me to fill out affadavits (spelling wrong) for the companies which the bank branch did not have me do. When I went in there they had no clue what to do even the branch manager. I am going to try to go at my lunch hour to have them work on it. I have been calling the bank since they opened and they still have not answered the phone. The person, Lisa, I talked to was from there customer service.


lrhall41

Submitted by on Fri, 03/07/2008 - 06:45

( Posts: | Credits: )


I found the original thread that was locked. I copied the information with the amounts posted. I went through it and figured most of it out; however, there are some that are "fuzzy". If you could clarify for me the ones in question, I could get better numbers for you. First of all, I'm going to post your original post so we can see it together with what I came up with. Then I'll post what I came up with and the questions that I have, okay? :D


lrhall41

Submitted by cannr on Fri, 03/07/2008 - 20:30

( Posts: 9317 | Credits: )


Quote:

Ezloansbynet
Owe:$126.00
Total paid: ??

EDOLLARSDIRECT
Original loan: $250
Owe: ??
Paid: $75 twice a month since 8/24/07
they changed their name to MW_Marketing on 10/19/07
Total: $980 (I think it could be more)

LOANSHOP/BROADMO
Original loan: $300
Owe: $300
Paid: $90 twice a month since 8/24/07
Total: $1260.00 in charges nothing has gone toward principle.

MAGNUM Z LLC
Original loan: $200
Owe: $200
Paid: $60 twice a month since 9/7/07
Total paid: $780 (or more)

3daypayday
Original loan:$400
Owe: $113.75
Total paid: $871.25

LITTLE LOAN SHOP
Original loan: $300
Owe:$300
Paid: $90 since 2/08/07
Total paid: $270 in charges

ameriloan
Original loan: $300
Owe:$300
Paid: $90 since 2/22/07
Total paid: $90

Unitedcashloans
Original loan: $500
Owe:$455
Paid: $105 since 2/08/07
Total paid: $210 in charges


lrhall41

Submitted by cannr on Fri, 03/07/2008 - 20:31

( Posts: 9317 | Credits: )


EZloansbynet:
You just say "owe" $126. Is this the amount borrowed? And you don't say how much paid. Do you know the exact amount borrowed? And maybe how much they have debited? Maybe even just an approximate amount and time frame of the debits? I can't figure anything on this one without more information.

Edollarsdirect:

Borrrowed 250.00
Paid (approximate estimate only) 1125.00
OVERPAID 875.00 (approximate estimate only)

Loan Shop
Borrowed 300.00
Paid 1260.00
OVERPAID 960.00

MagnumZ
Borrowed 200
Paid (approximate estimate only) 840.00
OVERPAID 640 (approximate estimate only)

3payday
Borrowed 400
Paid 871.25
OVERPAID 471.25

Little Loan Shoppe
Borrowed 300.00
Paid *what?* (Is this correct? You said paid 90.00 since 2/8/07. How much was each debit? Then you said paid 270.00 in charges? Please clarify)

ameriloan
Borrowed 300.00
Paid *what?* (Is this correct? You said paid 90.00 since 2/22/07. How often? Then you said total paid 90.00. Please clarify.)

United Cash Loan
Borrowed 500.00
Paid "what?* (Is this correct? You said 105.00 since 2/8/07. How often did they debit? Then you said 210.00 in charges. Please clarify.)

I can tell you this, if you've been paying on these loans since 2007 and they have debited let's say twice a month for those amounts (you need to clarify this for me) then you have paid WAY WAY WAY too much money.

If you could give me a little more clarification on the debit amounts and how often, I can get an approximate dollar amount for you. It might not be to the exact dollar without knowing for sure, but it'll be close.

From what I'm reading, you have been practically raped by these internet companies. We need to get some dollar amounts (even if it's just close approximate numbers) so that we can include the amounts in the letters and complaints, okay? I'm sooooo sorry you've been ripped off so horribly. I'll try my best to get you some close figures if you can help me out just a little bit more!


lrhall41

Submitted by cannr on Fri, 03/07/2008 - 20:45

( Posts: 9317 | Credits: )


I am still having problems logging on. I will contact Jason. I will also get the infromation that you are requesting. Can you tell me how you got the amounts that were overpaid for the ones that were clarified? Sorry it took so long to get back with you I hope that you have not forgotten about me! I appreciate all the help that everyone has been giving to me.


lrhall41

Submitted by on Sun, 03/09/2008 - 09:53

( Posts: | Credits: )


mj, of course you're not forgotten! All I did was make an attempt at taking the amount you borrowed from the pdl, then tried to figure approximately what was debited (based on your dates and debit amounts) then came up with what was approximately overpaid. It's hard to figure some of them since you didn't post the debit amount. I was taking the debit amount of the ones posted, then estimating how many debits would have been taken out (twice monthly) by the number of months you've had the loans. Make sense? I know it's confusing. That's why I need for you to clarify on some of them - did you have them since 2007??? And they debited approximately twice a month? And also how much did they debit? With this information I can try to figure out (as close as possible) what they debited total versus your borrowed amount. See if you can get the information I need and we can figure the rest of them out. :wink:


lrhall41

Submitted by cannr on Sun, 03/09/2008 - 10:04

( Posts: 9317 | Credits: )