Ameriloan is calling my work everyday!!! Please help!!

Hello Snickers and welcome to the forum! I am from Ohio also, and I can tell you that you have over paid ameriloan by $15.00, so you do NOT owe them another red cent! I am going to post the laws for Ohio, but we need more information in order to help you with your other loans. Meanwhile, I'll give you a few suggestions how to handle this company. First I will post the pdl laws for Ohio.

Ohio State Information

Legal Status: Legal (Applies to check cashers only)

Citation:
Ohio Rev. Code Ann. ???????? 1315.35 et seq.

Loan Terms:
Maximum Loan Amount: $800
Loan Term: Max: 6 months
Maximum Finance Rate and Fees: $10/$100 + 5% per month
Finance Charge for 14-day $100 loan: $15
apr for 14-day $100 loan: 390%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: None (cannot refinance)
Cooling-off Period:
Repayment Plan:

Collection Limits:
Collection Fees: Bank charges (if disclosed); $20 collection charge; Court Costs; damages
Criminal Action: Not Specified

Where to Complain, Get Information:
Regulator: Ohio Division of Financial Institutions
Address: 77 South High Street, 21st Floor Columbus OH 43215
Phone: (614) 728-8400
Fax:
Regulatory Contact: Robert M. Grieser,, Deputy Superintendent for Consumer Finance
Regulator Website


If you would like help with your other pdl loans, please list the following information so we can help you.
-Names of each pdl company.
-Whether they are store front or Internet (although I am assuming they are all Internet since they're making withdrawals)?
-How much you borrowed.
-How much you paid so far.
-Names of pdl companies
-Internet or store fronts

As far as stopping ameriloan from calling your place of employment. Send them a cease and desist letter, send it via email and via certified return receipt mail. Also send them a letter revoking any rights to wage assignment, give copies of these letters to your employer so they will be aware, tell them you have paid this loan in full but this company is insisting you owe them more! Here are examples of the letters I suggested you write, below.

The date
Your name and address
The name and address of the creditor
Your account number with the creditor

Dear Sir or Madam,

I hereby revoke your right to use any wage assignment I may or may not have signed with you. You no longer have my permission to use this wage assignment.

Sincerely,
Your signature

File all the complaints you can AND call Intercept EFT (1-800-378-3328) tell that you have revoked your authorization for ACH/EFT debits and they are continuing to do so. Make sure you let ameriloan know that you have done so. Also, the originator of their loans is Bremer Bank (1-800-908-2265). Make sure you let Ameriloan know that as well.

I have a question. I am from Ohio to and I thought that we had to only pay the principle of the loans. That was what I was told on my thread. How come she would owe them more then the principle?

Hi!! I have requested an address from ameriloan and she would not give one!! Also she said that they go by their state laws and not Ohio's!! I did not give any money this week-end and I fear they will call again tomorrow!! I don't even want to go to work!!

guest mjm:
I have a question. I am from Ohio to and I thought that we had to only pay the principle of the loans. That was what I was told on my thread. How come she would owe them more then the principle?

You are only morally obligated to pay the principal amount is these pdl's are illegal.

Snickers:
Hi!! I have requested an address from ameriloan and she would not give one!! Also she said that they go by their state laws and not Ohio's!! I did not give any money this week-end and I fear they will call again tomorrow!! I don't even want to go to work!!

They all say that snickers! Your state law prevails, she is incorrect! You owe Ameriloan nothing! Please do what llw suggested, call Intercept EFT (1-800-378-3328) tell them that you have revoked your authorization for ACH/EFT debits and they are continuing to do so. Also call Bremer Bank (1-800-908-2265, tell them you have revoked your authorization. Send an email to Ameriloan and tell them that you have contacted Intercept EFT and Bremer Bank.

ameriloan is an original creditor and does not have to follow the fdcpa....

Here r some of my other pdl's!!
American Consumer Credit-300-paid/settled-656
MTE-300-paid-500-they say I still owe-275
Arrowhead-300-paid/settled-655
GECC-400-paid-600
Khaki Funding-100-paid/settled-310

The thing is, I already switched checking accounts! They are not still taking out of my account!! They are attempting to collect what they feel I still owe. VOLLEYBALLMOM- they wouldn't have to follow the fdcpa? They have to be a 3rd party collector??
Is there no law or rule against original creditors harrassing people? What about credit cards?

volleyballmom:
ameriloan is an original creditor and does not have to follow the fdcpa....

Correct, however, Ameriloan is a payday loan company, and has to follow the pdl laws, and the laws of Ohio says they can only charge $15.00 per $100.00, so she can't possibly owe them another $465.00, can she?

Does Quickest-Cash-Advance go by another name?

What do I do about the phone calls? They can't possibly be able to harrass people like that? My job is in jeopardy!!

volleyballmom:
Code:
ameriloan is an original creditor and does not have to follow the fdcpa....


Correct, however, Ameriloan is a payday loan company, and has to follow the pdl laws, and the laws of Ohio says they can only charge $15.00 per $100.00, so she can't possibly owe them another $465.00, can she?

I am not saying she owes them any more $$...she absolutely does not. However, the letter you posted for her to send to Ameriloan is for a 3rd party collector, not an original creditor.

Rules around original creditors are very liberal...you can check your Ohio- state collection laws (if there are any, not every state has their own), and see if there is anything about rules for original creditors.

Snickers, read my post earlier in this thread about sending them a cease and desist letter, also give a copy to your employer, this way they will know you are TRYING to resolve this matter. If you are taking the proper steps to stop this company from calling you at work, and your employer knows this, then they shouldn't be angry with you, they need to get angry with the company who is breaking the law, and is calling you while disregarding the cease and desist letter. You really need to file a complaint with the FTC, BBB, and Department of Finance, you can do this online.

The thing is, I already switched checking accounts! They are not still taking out of my account!! They are attempting to collect what they feel I still owe. VOLLEYBALLMOM- they wouldn't have to follow the fdcpa? They have to be a 3rd party collector??
Is there no law or rule against original creditors harrassing people? What about credit cards?

Snickers-Your account is closed? Thats good news. You can send them a cease and desist letter, but cannot quote the FDCPA as being grounds for not callng you. You can let them know you will file complaints with your state attorney general and the FTC.

volleyballmom:
I am not saying she owes them any more $$...she absolutely does not. However, the letter you posted for her to send to ameriloan is for a 3rd party collector, not an original creditor.

Rules around original creditors are very liberal...you can check your Ohio- state collection laws (if there are any, not every state has their own), and see if there is anything about rules for original creditors.

Ahhhh, you are right! Thanks for explaining that!

snickers, I really think you should try this:
Please do what llw suggested, call Intercept EFT (1-800-378-3328) tell them that you have revoked your authorization for ACH/EFT debits and they are continuing to do so. Also call Bremer Bank (1-800-908-2265, tell them you have revoked your authorization. Send an email to ameriloan and tell them that you have contacted Intercept EFT and Bremer Bank.

Here is a letter that many of us here have used....Take out California and replace with Ohio, then add your state laws. Then, where you see just choose which scenario fits yours ( you over paid right?)


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:



INSERT YOUR STATE LAWS HERE



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

snickers. . .I had loans out with both ameriloan and UsFastCash, which are affiliated. I jumped through hoops to get Ameriloan settled (filing complaints with AG's, BBB, FTC, Banking Department) and all of these routes are necessary to let the powers that be know exactly what kind of businesses are taking our hard earned bucks illegally but in additon, they need to be stopped in their tracks. If you take away their funding source and the way to move those funds, you will hit them where it hurts. I used the process of filing complaints on all my PDLs but I became aware of the processor thing after I had already settled three of five. After going through the processor, I received a PIF from UsFastCash in less than 31 hours. When I called Intercept EFT they traced my closed account and that is how I came to know that Ameriloan uses them as a processor as well. Please give them a call. I really do feel that the more "complaints" they receive about PDLs continuing to debit accounts after the fact, all the more powerful we will become. I, myself, have one hold out left and I am in the process of emailing, calling and faxing all the relative parties involved in their money movement. So help me God, if I do nothing else, I will see these bad boys in hell, or I will die trying. Give intercept a call and don't give up until you get the results you rightly deserve.

sorry bout that snickers, that was me, forgetting to sign in, as usual.

How can I get out of this payday loan hell? I an being bombarded with charges and feel it could probably be legal...does anyone know of any legal recourse in New York State?

What loans do you have? Befor you pay anything else, close your bank account.

I am from New York as well. . . close your bank account immediately. Could you list your loans, what you have paid and how much you owe? Someone who can interpret them for you will be along shortly and we can go from there. I had 5 when I came here in early February, now I have NONE. I hope this gives you some encouragement that all will be okay.

Please send the cease and desist letter to these people by e-mail, mail and fax today! You will also need to contact the BBB,AG in your state and the AG office in their state as well. Please do not lose your job because of their madness.