logo

Debtconsolidationcare.com - the USA consumer forum

pay day loan hell in tennessee

Date: Thu, 03/20/2008 - 13:52

Submitted by anonymous
on Thu, 03/20/2008 - 13:52

Posts: 202330 Credits: [Donate]

Total Replies: 116


here is where i stand
big borrowed 200 paid fees 880
one step borrowed 300 paid fees 450 pricipal 50
eastside borrowed 300 paid in fees 495 principal 100
everest peak financial 300 borrowed paid fees 540
ameriloan 300 borrowed 260 paid in fees
national pay day 300 borrowed 300 paid if fees
paycheck today 400 borrowed paid 360 in fees
i live in tennessee these are all internet pdl i got laid off from my second job now it is getting to the point to where i cant pay my bills and my wife (i dont know how much longer she will be my wife after this mess )how do i get out of this mess without taking out more payday loans i want to pay back what i owe but it is getting to the point where i cant pay my bills or buy food help with any advice


Ok , we can help you here. I have posted the laws for your state. It looks like most of your loans are already paid off. Actually some are way overpaid. Ypu need to close your checking account , so they can no longer debit your account. You can open a new account and dont give out the number to anyone.
I will post something to read before you close your account. We will walk you through this process. Looks like ameriloan and paycheck are all you owe , and even that is a very small amount.


lrhall41

Submitted by kashzan on Thu, 03/20/2008 - 14:06

( Posts: 5401 | Credits: )


Steve, read this and then close that account asap. You are in very good shape and almost done with your loans.
Before you close your bank account due to payday loans eating away at your paycheck, please read this.

Some banks have a policy regarding ach transactions that allows them to force open closed accounts if any ach transactions go through within a certain time frame after the account is closed. This can leave you owing a legal bank $1,000's and reported to chexsystems, instead of owing barely legal (or not at all legal) payday loan companies. Not a good thing. Ask your bank what their policy is on ach transactions on closed accounts before you close the account. It's best to go in person and talk to a branch manager.

If your bank does have this policy, tell them your situation. Don't be embarrassed. Take letters with you showing that you have revoked authorization for each of your payday loan companies to debit your account. Tell the bank to put your account on deposit only, an ach block, or a hard hold before they close the account. Your bank can do one of those, don't take no for an answer. This will prevent any payday loan ach's from reopening the bank account.

It'a always best to close your bank account. Leaving it open gives ways for the payday loan companies to continue to take money out. These companies have many different dba's, so blocking them won't work. They will also produce paper checks and run them through your account. Closing the account is the best way to prevent these companies from taking money out of your account.

Some state laws do allow for prosecution if you close your bank account, but that is usually in cases of fraud. But it's always best to check with your state's attorney general or department of financial institution before you close your account. You want to make sure you are not causing more heacaches!


lrhall41

Submitted by kashzan on Thu, 03/20/2008 - 14:07

( Posts: 5401 | Credits: )


i talked to eastside today said after the debit goes through for this weeks payment all i will have to pay is 187 and if i do so before 4/4 they will not take out any finace charge and also spoke to onestep they will dismiss this weeks payment as and any other finace charges as long as i agree to pay 155 a week the next three weeks and they wont do it through ach but i will have to make one time credit or check card payments . i just want to pay what i owe and thanks for the quick response and info. but what i am worried about is the horror stories i read about big contacting people at work im only one of four employees at my job and i dont want embrassing phone calls to my job. wachovia said they cant close my account while i have agreed ach debit fourthcoming


lrhall41

Submitted by on Thu, 03/20/2008 - 14:13

( Posts: | Credits: )


I might mention that I went to the bank I opened my account with and dealt with the person who deals with this specifically...she was very helpful. I put a hard debit freeze on all debits...luckily I did not have many other checks out, then I closed the account. In order to close the account, she had to lift the restrictions...during that time $800 came through...yes overnight...but she sent them back and took off the overdraft fees. It is very important that you get one person to deal with and on your side. Do not be embarassed. I first had to tell my husband what I had done, then go to the bank!
You can do it and I am sure your wife will stick by you even if she grumbles a little.


lrhall41

Submitted by egyptcrossarabs on Thu, 03/20/2008 - 14:17

( Posts: 257 | Credits: )


i hate to admit this but im sitting here crying right now due to the fact you guys dont even know me and you are all so willing to help me i lost sleep i have been so stressed out i can even enjoying the things i enjoy doing because of the stress you guy r so helpfull


lrhall41

Submitted by on Thu, 03/20/2008 - 14:20

( Posts: | Credits: )


BIG people can hardly be understood. You should be able to close your account no matter what if you tell the Bank you have sent them a letter revoking their right to debit your account? Those here can tell you better...perhaps you need to speak to someone higher up at the Bank?
I got calls at work too....you will live through it. Just tell those at work you have an unfortunate problem with these companies and have paid them in full and that they should let them know you cannot be contacted at work...


lrhall41

Submitted by egyptcrossarabs on Thu, 03/20/2008 - 14:22

( Posts: 257 | Credits: )


Yeah...Steve...I feel the same way exactly...after untold hours of reading story after story of those like you and me going through this, I have to wonder how *good* people could all be lead astray?
I guess we have to don our armour and fight the fight...this is really an odd stand point for me. I am a pacifist to the max.


lrhall41

Submitted by egyptcrossarabs on Thu, 03/20/2008 - 14:28

( Posts: 257 | Credits: )


ok i have made a appointment with the branch manager of my back for friday morning ill guess ill just have to deal with the call from these people at work i cant thank u guys just for having a place to talk i know i still have a long road ahead of me but at least i know im not alone and i have options


lrhall41

Submitted by on Thu, 03/20/2008 - 14:34

( Posts: | Credits: )


Hi Steve...

As soon as your account is closed, send each of your PDL's this letter. Customize it to your situation...you can do this! It will be fight but you are in great company here!

Date

Name and address of the PDL

After doing research on internet payday loan laws in the state of YOUR STATE' S NAME, I have found that your internet payday loans are actually illegal. I have also found the following laws to be true applying to payday loans in the state of YOUR STATE'S NAME in general:



After finding out that your internet payday loans are illegal, your company should actually not issue loans to YOUR STATE residents at all.

I have contacted the YOUR STATE Office of Financial Institutions and the YOUR STATE State Attorney General????????s Office regarding your internet payday loans and was informed they are indeed illegal in YOUR STATE and was advised to pay what is due according to principle amount only of the loan.

I have currently paid XXXX DOLLARS on my XXXX DOLLARS loan. The legal amount that could have been charged to my loan is the principal amount of XXX DOLLARS even if your internet pay day loan was legal in YOUR STATES NAME. I have paid XXXX DOLLARS on this loan by your debits of my bank account and only owe XXXX DOLLARS to have this paid in full. I am willing to pay the amount of XXX DOLLARS to pay the principle amount of the loan only, as advised by my Department of Financial Institutions and my state Attorney General's office. I demand that you mark my account Paid in Full as I have fulfilled in remittance of the principal amount of the loan. I demand that you mark my account Paid in Full as I have fulfilled in remittance of the principal amount of the loan and send me a refund of $XXXX.




I demand that any contact be made through US Postal mail or email only. I will need everything in writing to keep accurate records of all communication as per instruction from my state Attorney General's Office.



I prohibit you or your affiliates to contact me via telephone at my place of employment or my home telephone number. I also prohibit you from calling my references listed on my loan. Once I inform you of this, you must stop the telephone contact immediately or you will be once again breaking the laws of the state of YOUR STATE.

You are also hereby notified that I am revoking any voluntary wage assignment I may or may not have signed. I no longer authorize you, your company, or your affiliates to attach any part of my wages or contact my employer for your collection purposes.

I am revoking your right to debit my checking account any longer. You, your company, or your affiliates are not authorized to debit my checking account at all. Please be aware that I have informed my financial institution of this situation and they will also be receiving a copy of this correspondence. Any further attempts at debiting my account will be rejected by my financial institution.

I must also inform you that I have filed complaints with the Better Business Bureau, the Federal Trade Commission, and my state Attorney General's Office.

I expect a response from your company no later than XX DATE, regarding this matter. This response may only come via US Postal mail or email. No telephone contact is permitted.

Please respond by XX DATE, regarding this matter by US Postal mail or by email only.





Your name
CC:
Better Business Bureau
Attorney General
Federal Trade Commission


lrhall41

Submitted by volleyballmom on Thu, 03/20/2008 - 14:40

( Posts: 4143 | Credits: )


National Payday
2274 South 1300 East, #G8-297
Salt Lake City, UT 84106
Telephone: (877) 807-4827
Fax: (866) 457-2558

The BBB website also had these addresses listed


National Payday Advance, LLC
4630 N. University Dr. #433
Coral Springs, FL 33061

National Payday Advance, LLC
2825 East Cottonwood Pkwy Ste. 500
Salt Lake City, UT 84121


lrhall41

Submitted by kashzan on Thu, 03/20/2008 - 16:28

( Posts: 5401 | Credits: )


OK so im gonna do things in this order
my checking account is in the positve right now and i have enough in there to cover this weeks payments
im going to bank on friday and close the account im in the process of typing up all of my letters i will mail them out sat morning when i have time to go to post office and send certified mail.
i read somewhere to tell the bank i have revoked authorization for them to debit the account do i need to provide proof to the bank that i have done so
and in tennesse am i in jepoardy of going to jail for closing my bank account if the internet pdl still continue to debit my account


lrhall41

Submitted by steven8179 on Thu, 03/20/2008 - 16:39

( Posts: 6 | Credits: )


It really helps to tell the bank that unbeknown to you these Internet companies are illegal, and not licensed to be charging these fees. Take a copy of the laws from *our* state if necessary. I mean, the bank is helping them in fraudulaent activities, no? Otherwise, I would take copies of those letters you are sending on Sat. to the Bank on Fri? If you can?
These are just suggestions from a *newbie*, which I am, like you to this? Others can tell you if this is right or wrong...but I am sure this is what they suggested to me.
My bank said that to close, I had to decide on a day to close. Any favorable checks had to be through the account or they would be sent back too. Any reason why you want to pay these guys another time? If you have no other checks out...you can close.


lrhall41

Submitted by egyptcrossarabs on Thu, 03/20/2008 - 17:02

( Posts: 257 | Credits: )


you guys are so awesome like i said earlier just to be able to talk and get off my chest has done wonders im in the process of typing all my letters and for the first night in a long while i was able to actually enjoy a meal i know i have long way to go but you guys have made it so much easier i thought i was some sort of dead beat and crook but im just an honest person who made some mistakes thamk you guys so much for advice and guidence


lrhall41

Submitted by steven8179 on Thu, 03/20/2008 - 17:06

( Posts: 6 | Credits: )


AS I mentioned earlier, I kind of think this is up to you? Do you have other checks to come through? I did, but knew they would go through before the Fri the Internets were due to go through. They did, but at the time the bank gal told me to put the hard debit freeze in place, then I closed my account.
From what you have said, and what everyone has told you, if these companies are illegal, you have already overpaid them? It has been a couple of weeks and I have not heard from all the companies I dealt with yet. I am still in the process of eliminating the legal store fronts I have.
I imagine you will be paying them about $90 a peice? Can you use that on your other bills? I know I felt like I was in the wrong, but then I thought of the amount I had already paid them.
It general does not work to name a time, company and amount they will send them through after the first is rejected as they send through any amount on any day, in any name they chose.
Someone else may be able to offer more sound advise as to let them debit this time or not.....


lrhall41

Submitted by egyptcrossarabs on Thu, 03/20/2008 - 17:52

( Posts: 257 | Credits: )


ok just another quick question should i wait till this weeks debits go through b4 i close my account or take out money and close right away

If you can I would!!!

i read somewhere to tell the bank i have revoked authorization for them to debit the account do i need to provide proof to the bank that i have done so

You can show your bank the letters you are sending to the PDL's, but if you are closing the account anyhow, then you are good to go. PLEASE ENSURE that the account will not re-open if a PDL sends a debit through...be clear when you leave the bank that the account is closed for good OR if there is any question that the account might reopen have them place a hard debit block on the account.

I had a combo of legal/illegal internet PDL's but the only way to stop them is to close the account. Like Kash pointed out, TN law does not allow for criminal action. We wouldnt steer you wrong!


lrhall41

Submitted by volleyballmom on Thu, 03/20/2008 - 18:59

( Posts: 4143 | Credits: )


you guys are so awesome like i said earlier just to be able to talk and get off my chest has done wonders im in the process of typing all my letters and for the first night in a long while i was able to actually enjoy a meal i know i have long way to go but you guys have made it so much easier i thought i was some sort of dead beat and crook but im just an honest person who made some mistakes thamk you guys so much for advice and guidence

You are welcome..we are all here to help and have been in your shoes! Sleepless nights, worrying all the time....these PDL's will control your life if you let them! Time to take control of your $$ again!


lrhall41

Submitted by volleyballmom on Thu, 03/20/2008 - 19:02

( Posts: 4143 | Credits: )


ok my bank manager called me this evening he will not be in on friday so he wanted to see what i needed to discuss i explained to him the problem and he issued a check that i can pick up at the bank on friday morning for the money i had in the and assured me that he put a hard block on the account through the fraud department so as of 12 midnight my account will be closed and he also said if for any reason if the ach debits do make it through he will revert any charges incurred he also gave me his cell phone number if i had any questions and applogized and said that wachovia should have caught this sooner and apoloigized for any difficulties this may have cost and went out of his way to point out this happens to thousands of people and i shouldnt feel ashamed well now all i have to deal with are the annoyning phone calls


lrhall41

Submitted by on Thu, 03/20/2008 - 19:37

( Posts: | Credits: )