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I have 15 payday loans and need help

Date: Mon, 03/31/2008 - 21:40

Submitted by momof1_1990
on Mon, 03/31/2008 - 21:40

Posts: 96 Credits: [Donate]

Total Replies: 144


I live in California and have 15 payday loans currently. I got into trouble at the beginning of the year and took out a couple to pay rent. then had to take out more to pay other bill and the interest fees, basically it has just snowballed into a nightmare. How do I get out from this? I was reading some of the forums about putting stop payments and revoking wage assignments and am just very scared and confused. My next payday is this Friday and I also need to pay rent this week. If anyone has any suggestions for my next/first step I would be eternally grateful.


you've come to the right place.
This is a great forum and there are alot of knowlegable people here. they give great advice and will walk you through it all step by step and it will take some time, but you have to be patient and do as they advise and yuo too will "see the light at the end of the tunnel" and you will be surprised it's not a speeding train!
Good luck and they are here to help, someone should be along shortly


lrhall41

Submitted by on Mon, 03/31/2008 - 21:58

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Hello, fellow Californian!

The first step in this mess is regaining control of your paychecks by closing down your current bank account and opening another one. However, be sure to read the "stickies" at the top of the forum about the proper way to do this before you take any actions.

Someone with much more experience than I will be along shortly to hold your hand and guide you through, but in order to enable them to help you, you need to list all your current payday loans, how much you borrowed, how much you have paid so far, and whether or not they are storefront or internet ones.

Good luck!


lrhall41

Submitted by Amaranth on Tue, 04/01/2008 - 00:25

( Posts: 271 | Credits: )


I totally agree with the advice of regaining control over your paycheck. That should be priority #1. If you get direct deposit, you may want to think about stopping it and getting a physical paycheck. It may be inconvenient, but is it more inconvenient than getting paid and seeing all your paycheck debited to nothing before you can do anything with it?

Make an informed decision about whether to close your bank account or not ASAP!!! read the sticky on this at the top of the board. This is critical!!! I just did it today and I feel so much better. I would talk to your bank's branch manager and explain the situation. Honesty is the best policy. It may be embarrassing, but being up front and open is the best thing you can do. They want your business. Ask them about their ACH policy if you close the account. Will they force ACH's through after the account is closed and put you into a negative balance? Can you put a hard debit/ACH block on the account? Ask what your options are. Find out which payday loans are legal or illegal in your state. If they're illegal, tell the branch manager that. That's very important. They don't want to see you get scammed.

Most of all, listen to the experienced people on this board who know much more than I do - but I do know some - from experience and listening to them. Cannr is an excellent resource, as are many others who will help you through this.

Most of all, take one day at a time. You have to take care of yourself first: Rent, food, utilities, etc. SURVIVAL INSTINCT. Do not let the scare tactics intimidate you. That's all they are - scare tactics. We don't have debtors prisons, and there is no sane reason to pay some PDL before you pay for housing, food, utilities, transportation, child care, etc. That is insane. They will put you on the defensive, but don't get sucked into it. Have a plan for each day, and write everything down about what you want to accomplish that day and prioritize them. It may sound basic, but it's gotten me through some pretty tough times in the past as well as right now. Hang in there. It will only get better. I promise - it WILL get better. Just have a plan and be persistent. You will get there.


lrhall41

Submitted by on Tue, 04/01/2008 - 02:13

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Please list for us which of your loans are internet and which are store front. It could make a difference weather you should close your account.
List your lenders, how much borrowed, how much repaid to each. I will post CA law. If any are store fronts and are members if the fsa, they must give you the extended payment plan, but it can only be evoked prior to defaulting.


lrhall41

Submitted by kashzan on Tue, 04/01/2008 - 04:51

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This is momof1_1990 I just don't know my password and it is not being emailed to me.

Okay so here it goes. They are all internet loans. I will post what I know off hand. I have further details at work but most here. There is one loan I have that I have no idea what comany it is for sure.

Loans till payday/MTE $400 pd so far $1070(int & princ)Owe $200 principal now

Amcash/ ACC??? $300 pd so far $420

United Cash Loans $400 pd so far $650

Payday Loan Yes $200 pd so far $300

356fastcash $200 pd so far $370

Cash Advance Network $300 pd so far $500

Paragon $ 300 pd so far $360

Paycheck today $300 pd so far $360

Loan Shop $500 pd so far $600

AIP/cashrelease? $200 pd so far $ 356

Little Loan shop $ 300 pd so far $270

Impact cash $ 300 pd so far $270

WorldWide cash $200 pd so far $178

E-Payday Loan $300 pd so far $180

Cashnet USA $200 will come out this Friday $235.50

I think this is accurate , but will doublecheck when I get to work. Thank you so much for your help and support. I was able to breathe last night when reading on this forum knowing I was not the only one who had gotten myself into so much trouble and that there is a way to get out!


lrhall41

Submitted by on Tue, 04/01/2008 - 08:27

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Okay, so I figured out my password now. I just wanted to add to the above that my bank is Citibank and so far I have not defaulted on any of these pdls. However, I will this Friday because there are a few of them that this is the 5th installment so they will take an additional $50 out. I figured out overall they will be withdrawing $600 more than my paycheck...

Thak you again for all of your help.


lrhall41

Submitted by momof1_1990 on Tue, 04/01/2008 - 09:04

( Posts: 96 | Credits: )


You poor child...but you lucky child...most of these are not legal to lend anywhere and you have overpaid most of them Little Loan Shop may be legal...but the others are more adept at telling you which.
I just popped in to give you some moral support. I would high tail it in to your bank and hard freeze debit, close your account and follow the info. these people give you...you may even get a refund.


lrhall41

Submitted by egyptcrossarabs on Tue, 04/01/2008 - 09:35

( Posts: 257 | Credits: )


Mom, Egypt is correct....you need to get the access to your $$ cut off. You need to either close the account or hard debit block it so they can not withdraw anymore money. Please read this about closing your account...there is really good information in it. If you have any questions, please post. Right now you need to get your money protected.

http://www.debtconsolidationcare.com/paydayloan/close-account.html


lrhall41

Submitted by RoxyNY on Tue, 04/01/2008 - 09:41

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I do have a couple of questions. So from what I am understanding I need to go into my bank and tell them what is going on. I have my direct deposit paycheck coming this Friday and really need that to hit so I can pay my rent. I think I should ask the bank to put a hard debit block on my account for now while I figure out if I can close my account. If they do this, can I still go into the branch and withdraw money to pay my rent? Do I need to send any of these companies anything letters or emails or something? How do I find out for sure if a company is legal in California? Lots of questions, I guess my main focus should be on making sure I can pay rent by getting a hard block, then deal with the rest? Thank you for your patience.


lrhall41

Submitted by momof1_1990 on Tue, 04/01/2008 - 11:11

( Posts: 96 | Credits: )


I went into my bank and explained that I had a problem with these loans as for the most part they were not legal, they were and had been charging me exorbitant fees, and that naturally the bank did not want to be party to this. All they have to do is check your account and see these monthly payments.
It is important you not just go to a teller with this...go to a customer relations or manager. Tellers are not informed about this.
You may be able to get your direct deposit stopped and get a paper check?
You sure do not want to go into overdraft as you will not be able to close your account until the overdraft is paid off...you can still enforce a hold I think. You will be able to get your money out with a hold.
I am a newbie to this, but others will be able to give you better info.


lrhall41

Submitted by on Tue, 04/01/2008 - 12:41

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Okay another question, I have not contacted any of the companies and am going to try to ge to the bank today or first thing tomorrow morning to do a hard debit block. Just now though, I received a phone call from The Loan Shop offering a settlement. I have not defaulted on this loan or contacted them about my plan. Why did I get this call? Do they read these forums? If I cannot get to the bank today is tomorrow morning too late to put a block on my account for Friday? Sorry about all the questions.


lrhall41

Submitted by momof1_1990 on Tue, 04/01/2008 - 13:37

( Posts: 96 | Credits: )


It is me again. Hopefully one of those who can advise you better will be along soon.
I am not sure why they out tof the blue called you on this? Perhaps trouble within their own company....gee maybe they are closing?
DO NOT contact these companies until you have that hold or closure in place.
I went to my bank as soon aspossible. If you cannot go in, you need to call and speak to a manager about the lenght of time it takes to put this freeze into effect with your particular bank. I just think they are more willing to help if you talk to them face to face and not just a voice on the phone?
You will be amazed at their response....I thought I was the only one having to do this. Nope...there are a *slew* of us good, middle class Americans stuck in this. ( I shudder when I get these e-mails telling me what wonderful shape this country is in and how we are not in a recession.)


lrhall41

Submitted by on Tue, 04/01/2008 - 14:30

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WEll, I am finally logged in again. I just re-read what Brian wrote and I think I have been a bit redundant in what I told you. I like what he said about the daily lists. I have found all this to be overwhelming I think you are actually in pretty good shape other than the leaglities of the letters, telling them they have been over-paid? Dealing with your bank? And that is less stressful than have your paycheck gone...pfff!
Yes, you are better off than you feel right now, but it is still a headache for you.
I figured I paid $10,000 to one store front in fees over the years on $400. Makes me sick...and I still owe them the $400 I borrowed.
Like Cannr says...she is waiting for all this to sink in and for me to get mad. I am there.


lrhall41

Submitted by egyptcrossarabs on Tue, 04/01/2008 - 14:49

( Posts: 257 | Credits: )


Egypt, thank you so much for all of your support. Wow, you really went bad times , huh? So here's another question. I know I am obligated to pay what I originally borrowed, so if I have paid more than that in interest fees, but not on the original amount, do I still owe them the original amount? On another note, I can't get to the bank today, I keep getting pulled into meetings and I can't call because all of my co-workers would overhear. So I just have to hope that going first thing in the morning will be enough time.


lrhall41

Submitted by momof1_1990 on Tue, 04/01/2008 - 15:50

( Posts: 96 | Credits: )


I have a similar question as Momo. I just put a post up myself. i have like 13 loans. all that have started up...some i have paid the extension fees. i guess i am confused. if lets say they are illegal. i can write them a letter (what i have found on this site as well) and pay them back what i morally owe (or the principle amount) correct? do any of my extension fee payments count TOWARDS the principle.. or no? if lets say they ARE legal in CA, can i write them and set up payment arrangements as well? im just really trying to get out of my bind here. any help is appreciated. i did see T&C as a company that can help as well.. but they require a fee.


lrhall41

Submitted by on Tue, 04/01/2008 - 16:04

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HI momo-when going to the bank, let them know that you want the account closed. If the account cannot be closed immediately, tell them you want a hard debit block and that you are revoking ACH rights per the Electronic Funds Transfer Act (posted below).

The bank does not examine who is debiting your account, why, whether they are licensed, etc. and isnt obligated to stop the debits on the sole premise that the PDL isnt licensed. You will just need to be "official" and go in armed with info.



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 volleyballmom on Tue, 04/01/2008 - 16:18

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Here is the point Mommo and China...if these companies are not licensed...they ae not legally able to charge you interest? This is my understanding...so all this money you are paying as a *fee* or *interest* is not something they are legally able to charge you.
Mom, from what I can see and what I have learned...almost all of yours are not legal? That means, like the MTE...you have overpaid almost $600 if my memory serves me correctly.
You still will have a mess what with sending out letters, asking for validation, the ugly phone calls...but you are only legally required on those loans that are not licensed to pay what you borrowed...there is NO interest? No principle...these are not conventional loans? No extensions...that is just what they call them?
Hopefully Cannr or Roxy or another will be along soon to give you more advise?


lrhall41

Submitted by egyptcrossarabs on Tue, 04/01/2008 - 16:18

( Posts: 257 | Credits: )


GREAT. thats good to know, because i have paid a certain amount on some of these loans. it would be great to know which ones are licensed and which ones arent. i live in CA too. I listed all my loans on a different post. from reading on other posts, it looks like i have a couple that might not be legal in CA. even tho i myself am a paralegal, i like to know the jist of what i need to do to get this over with.

I will calculate how much i have paid on interest and towards the principle to see what i have paid. some of these companies thought dont have websites, or they do and i can't see how much i have paid them altogehter i.e., paydayservices.com.


lrhall41

Submitted by on Tue, 04/01/2008 - 16:43

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Volleyballmom, thank you for your help. I will go to the bank first thing in the morning. And I also want to know how to tell if these companies are legal in CA? I think it was Egypt that thought maybe Little Loan shop is. Then tomorrow after I go to the bank I will post and ask the next step. I alos like what Brian wrote about one day at a time and keeping lists of what I need to do each day!


lrhall41

Submitted by momof1_1990 on Tue, 04/01/2008 - 17:04

( Posts: 96 | Credits: )


Just skimmed back through the thread and noticed you are also in CA :)

Here is the website with the CA Dept of Corporations licensee search. Just type in part of the name, or all of it but if it doesnt come up, try different combinations...like CashNet try Cash Net. If they dont come up, they arent licensed.

http://www.corp.ca.gov/FSD/licensees/default.asp

Little Loan Shoppe is not licensed in CA.


lrhall41

Submitted by volleyballmom on Tue, 04/01/2008 - 17:09

( Posts: 4143 | Credits: )


Lucky you...I know they are licensed in Utah and for me they may as well be licensed here (TN)...but you are in a state that they must be licensed in your state.
DO NOT stress over your bank. My bank told me that this was one of the biggest messes they have to deal with on a daily basis...but even she was not aware that some of these companies are not licensed?
You must be strong (ya...listen to this wimp) I thought I would have to have oxygen and be carried into the bank, my knees and hands shook! I knew I would hyperventilate.


lrhall41

Submitted by egyptcrossarabs on Tue, 04/01/2008 - 17:51

( Posts: 257 | Credits: )


I am the exact same way...I avoid talking about anything that makes me uncomfortable,. My husband was out of work, then hurt and could not work. I just borrowed rather than tell him...probably because he already knew...he needed to find a job and then that he needed to return to work asap...then I did not tell him how much I borrowed? Not until I realized I would have no money left for anything? Because of the PDL's?
You can do it if I did.


lrhall41

Submitted by egyptcrossarabs on Tue, 04/01/2008 - 18:10

( Posts: 257 | Credits: )


okay. so i closed my account completely. i actually already had an account opened. i just never put any money in it. So i just transferred my money to this account. its NOT linked to the old account. i kept asking if it was, but they said its separate ( i actually already had a ATM card FOR it..but i thought the envelope was a CC or something lol) anyways, i will call again about their ACH policy.. but i know that these illegal loans wont post til the 12th. they kept stating nothing will go thru cuz its closed...

soo okay now what? i send off the letters to all these companies?


lrhall41

Submitted by on Tue, 04/01/2008 - 20:16

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momof-
Here is a letter to send to the PDL's with the California specifics in it. Send this only after your account has been closed.
In the 4th paragraph where you see , choose the scenario that fits.

[quote]Date

Name and address of the PDL

After doing research on internet payday loan laws in the State of California, 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 California in general:



California State Information
Citation:
Cal. Fin. Code ???????? 23000 to 23106

Loan Terms:
Maximum Loan Amount: $300
Loan Term: Max: 31 days
Maximum Finance Rate and Fees: 15% of check
Finance Charge for 14-day $100 loan: $17.65
apr for 14-day $100 loan: 459%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: None (cannot charge fee for extension)
Cooling-off Period: None
Repayment Plan: Voluntary (no fees may be charged in conjunction with payment plan)

Collection Limits:
Collection Fees: $15 NSF fee
Criminal Action: Prohibited



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

I have contacted the California Office of Financial Institutions and the California State Attorney General????????s Office regarding your internet payday loans and was informed they are indeed illegal in California 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 California. 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 the California 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 the California 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 California.

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 the California 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
California Attorney General
Federal Trade Commission[/quote]


lrhall41

Submitted by volleyballmom on Wed, 04/02/2008 - 08:21

( Posts: 4143 | Credits: )


So I just got back from the bank and they were so nice!!!! They put a hard debit block on the account and then told me to come back Friday after my paycheck hits and they will close the account and open a new one for me. The lady that helped me had herself gotten into trouble with PDL's. She was very understanding and helpful. She assured me that once we do close the account no charges will come through. WHEW!!! What a relief. Now, I guess I need to get letter's out? I do have a question, there is one PDL that I used that was legal here in California, so should I call them on Friday and make arrangements with them instead of sending a letter? Thank you everyone for all of you help and support. I could not have done this without any of you. I am sure I will have tons more questions coming soon.


lrhall41

Submitted by momof1_1990 on Wed, 04/02/2008 - 10:07

( Posts: 96 | Credits: )


Mom, you are making great progress. My advice would be to always communicate in writing as much as possible so that there are no misunderstandings and they can not say you have avoided them, especially the one that is legal. If you send them a letter certified return receipt (crr), you have proof of your communication. I sent my letters and emailed and faxed them. I know sending them crr gets expensive...it is your call. The one that is legal, I would be sure whatever you do, get the terms in writing. I know I am paranoid, but I do not trust anything these companies say without seeing it in writing. Someone else may have a different idea,but I have learned, if it is not in writing it does not exsist.


lrhall41

Submitted by RoxyNY on Wed, 04/02/2008 - 11:43

( Posts: 4178 | Credits: )


okay did i do THIS excerpt right?

I have currently paid 775.00 DOLLARS on my 750.00 DOLLARS loan. The legal amount that could have been charged to my loan is the principal amount of 123.53 DOLLARS even if your internet pay day loan was legal in California. I have paid 775.00 DOLLARS on this loan by your debits of my bank account and owe 0 DOLLARS to have this paid in full. I demand that you mark my account Paid in Full as I have fulfilled in remittance of the principal amount of the loan.

i wrote this because 1. max loan is 300 2. the amount charged is off of a 700 dollar loan..

so since its finance fee is off a 700 dollar loan, and max amount is 300.. did i word this right? or should i put the calculation of PDL interest for 300?? help!


lrhall41

Submitted by on Wed, 04/02/2008 - 11:59

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yeah im soo trying to get these letters out!! aslo, im ccing the BBB Attorney general and FTC with my letter correct? should i send these letters certified as well? do i have to FILE a complaint against them? or whats the deal?? lol i know tons of q's.


lrhall41

Submitted by on Wed, 04/02/2008 - 12:16

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Now also a few more questions. I am doing the letters right now and want to know how much time to give them to reply? 1 week, 30 days? Also want to check that I did the following paragraph correct:

I have currently paid 650.00 DOLLARS on my 400.00 DOLLAR loan. The legal amount that could have been charged to my loan is the principal amount of 300.00 DOLLARS even if your internet pay day loan was legal in California. 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 $250.00. Thanks again, sorry for so many questions!


lrhall41

Submitted by momof1_1990 on Wed, 04/02/2008 - 18:18

( Posts: 96 | Credits: )


HEre's another example I need checked to see if I am doing it right:

I have currently paid 180 DOLLARS on my 300 DOLLAR loan. The legal amount that could have been charged to my loan is the principal amount of 300 DOLLARS even if your internet pay day loan was legal in California. I have paid 180 DOLLARS on this loan by your debits of my bank account and only owe 120 DOLLARS to have this paid in full. I am willing to pay the amount of 120 DOLLARS to pay the principle amount of the loan only, as advised by my Department of Financial Institutions and the California Attorney General's office.

Thanks again!


lrhall41

Submitted by momof1_1990 on Wed, 04/02/2008 - 18:45

( Posts: 96 | Credits: )


thats looks like some of my letters paragraphs too! they look good to me. i working wit the same letter. im just concerned that after i do the letters and CC BBB, FTC and AG, do i actually file a complaint or something with AG? or what?


lrhall41

Submitted by on Wed, 04/02/2008 - 22:34

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