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Debtconsolidationcare.com - the USA consumer forum

New York State

Date: Mon, 05/12/2008 - 14:29

Submitted by anonymous
on Mon, 05/12/2008 - 14:29

Posts: 202330 Credits: [Donate]

Total Replies: 105


Does anyone know if PDL's are legal in New York State or not? I have several and don't know what to do...they are taking my entire paycheck and it is killing me....

I am in financial ruins because of them.

HELP!!!


BTB. . .I am in Rochester, BUT I grew up in Troy! Small world huh! Dinner would not be necessary. I am glad to help. I know how you feel. When I came here 3 months ago I didn't know how I was ever gonna get out of this. I was sicker than a dog with the flu, and flat broke and in the dead of winter! Thanks to everyone on here, they picked me up and I am glad to say that I am now PDL free. Whenever I do something for someone and they offer to repay, I simply ask them to return the favor by doing the same for someone else. I know that to be true on this board. You will do the same for the next struggling sole who is desperate for help. Please keep us posted. If you need additional help, don't hesitate to ask.


lrhall41

Submitted by llw1995 on Tue, 05/20/2008 - 19:36

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I surely will...by the way, how long did it take for you to get out of this hell?


lrhall41

Submitted by on Tue, 05/20/2008 - 19:40

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Wow...that long...what happens after I do all the notifications?


lrhall41

Submitted by on Tue, 05/20/2008 - 19:59

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Are the laws in Massachusetts as strict as New York. I have sent these people the form letter several times and have only heard back form one lender that cleared my account since i overpaid by 1100.00. I did close my account but i am now starting to receive calls. What do i do now??


lrhall41

Submitted by on Wed, 05/21/2008 - 05:19

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I actually did what one of the posts here said and contacted Cindy from Intercept...she is going to send me and email with instructions on what to do....she wasn't as helpful over the phone as i had hoped, but I guess any little bit helps.


lrhall41

Submitted by on Wed, 05/21/2008 - 13:56

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I contacted ameriloan to get the name of the processor and they told me that the reason why I owed so much money is because i never notified them that I wanted to start paying down the loan, so they continued to renew and charge their fee....can they do that?


lrhall41

Submitted by on Wed, 05/21/2008 - 14:05

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Will this email suffice as a Cease and Desist?

BTB

To Whom it May Concern:

After doing research on internet payday loan laws in the state of New York, 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 New York in general:
---------------------------------------------------------------------- ----------
New York State Information

Legal Status: Prohibited

Citation:
Licensed lender law applies but interest rate is that agreed to by contract. N.Y. Banking Law ???? 340 et seq. A check casher licensee cannot make loans nor cash or advance any moneys on a post dated check unless it is a payroll check. N.Y. Banking Law ???? 373. Criminal law sets the usury cap at 25%. N.Y. Penal Code ???? 190.40.

Small Loan Rate Cap
25% per year

Where to Complain, Get Information:
Regulator: New York State Banking Department
Address: One State Street New York NY 10004
Phone: 1-877-BANK-NYS
Regulatory Contact: Regina A. Stone Deputy Superintendent
Regulator????????s Website
Complaint Form
Complaint Instructions


I have contacted the New York State Banking Department and the New York State Attorney General????????s Office regarding your internet payday loans and was informed they are indeed illegal in New York and have been advised to pay what is due according to principal amount only of the loan.

A physical address is necessary, as you are no longer authorized to debit my bank account. I will not Money Gram or Western Union any payment. If no physical address is provided for me to mail payment to, no payment will be made.

Any contact must be made through the US Postal Service or email only. I need everything in writing to keep accurate records of all communication as per instruction from the state Attorney General's Office.

I prohibit you or your affiliates from contacting 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 New York.

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 from this point on. 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 as my account has been flagged as having fraudulent activity.

I must also inform you that I have filed complaints with the Better Business Bureau, the Federal Trade Commission, my state Attorney General's Office, the New York State Banking Department, as well as my State Senators, Jim Alessi and Hillary Rodham Clinton.

In regards to this matter, I expect a response from your company no later than 10 days from the date of this communication. This response may only come via US Postal Service or email. No telephone contact is permitted.


lrhall41

Submitted by on Wed, 05/21/2008 - 14:16

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BTB. . .Cindy will give you info that will help you with this. Please be patient with the process. ameriloan is processed through Intercept EFT so when you get the email from Cindy that will apply to them as well. Yes, they will try to do that as they have a clause that states that you must notify them or they will renew. Some will pay in full, some will roll it over. They will also claim that they didn't receive any notification that you wanted to PIF. Just another way of getting your money. Your bank account has been closed so they won't be able to get any debits through anyway so don't worry about that. Yes, that is a very appropriate C and D letter. That is what I posted and sent, over and over again until I got with the processors. Have you brought that letter to your bank yet? If not, do so ASAP. Intercept may want you to notify your bank of the revocation. I know that it is hard waiting. I hated it. But, once things moved, they moved quickly. Hang in there.


lrhall41

Submitted by llw1995 on Wed, 05/21/2008 - 15:46

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Thanks....I am sending the emails as soon as I send this post...then I will take a copy of this letter to my bank tomorrow...Instead of making it an attachment, I put this into the body and made it the complete body of the email.

I will wait for the email from Cindy and hopefully that will come soon..hasn't come yet...I will try to be patient, but someone on here scared me and told me that the pdl's will find my new bank account and attach it there.


lrhall41

Submitted by on Wed, 05/21/2008 - 15:53

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The emails to the 6 companies have been sent....


lrhall41

Submitted by on Wed, 05/21/2008 - 15:55

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BTB. . .did you open another account with the same bank? If you did, did they say that they would not be linked? When I closed mine, I reopened another immediately at the same bank but they assured me that once the bank account was closed, nothing would go through and they would not be connected. I don't think it is very common that they would locate your new bank account. Good to hear you got those emails out.


lrhall41

Submitted by llw1995 on Wed, 05/21/2008 - 15:59

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Yes it is at the same bank and they said that there is no way that they will allow them to touch the new account....if they do it will be their mistake


lrhall41

Submitted by on Wed, 05/21/2008 - 17:07

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Well I received 2 responses from my C & D letters today....this is how the first one read:

We

have received your documents. Please call customer service in 3 to 4 business hours to verify that your request was processed.

so I responded to them this way:

To Whom It May Concerned....

I do not have any phone numbers for you. I really need you to respond by email, so I have everything that is said in wirting.. Please respond to this email and let me know that my request has been processed. Your email came through as very incomplete and that concerns me.

Sincerely,
My name

LOL....That was the response from US Fast Cash

after my initial response to them, they sent me the same response I posted above AGAIN...lol and then sent the following email:

Dear Donald Terry,

We received your email.

Thank you,
USFastCash
Phone: 1-800-640-1295
Fax: 1-888-549-3324
Email: [email]customerservice@usfastcash.com[/email]

How stupid is that..there is absolutely no instructions as to what they want me to do...should I contact them?

The second company I received a response from was Impact Cash and this was their response to my C & D:

Donald,

A payment via Cashier's Check or Money Order will be fine. The remaining principle balance is $183.74. Please make the Cashier's Check or Money Order out to Impact Payments and mail to the following address:

Impact Payments
PO Box 3206
Logan, UT 84323

I will just need to know when you will be mailing that payment so I can set it up on your account. Also, we will need you to send the payment via priority mail and email us with the tracking number to prevent any problems with the payment. So again, please get back with me as soon as you can and let me know when you plan to mail in the payment. Thanks!

Chris Young
Impact Cash
1-800-707-0102
[email]cyoung@impactpayments.com[/email]


You must notify this office within 30 days after receiving the first notice if you dispute the validity of the debt or any portion thereof or the office will assume the debt is valid. This communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.

What do I do with this one?

BTB


lrhall41

Submitted by on Thu, 05/22/2008 - 13:21

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BTB. . .didn't you contact Cindy at Intercept regarding USFastCash? If so, that may be why they are calling. I went back to your orginal post and I think you still have a balance owing. . .is that correct? I would contact them and see what they have to say. Do it by email so you have a written record of the communication. Have you received the instructions from Cindy yet? As for Impact Cash, you have overpaid. I would not give them a penny more. I would send them back an email stating the facts and ask them for a refund of what you have overpaid. Keep on sending your C and D letter daily. You might want to address UFC's email to both the customer service and the compliance department. As for Impact Cash, I would send it to the address they gave you and compliance department. You are getting a response, so you have gotten their attention. Just keep at em'


lrhall41

Submitted by llw1995 on Thu, 05/22/2008 - 14:54

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I did call her but did not receive her email...tell me who UFC is again? When I asked her about them being a processor for some of my loans, she told me she was not allowed to answer...I am a little confused now


lrhall41

Submitted by on Thu, 05/22/2008 - 16:05

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Not to worry. UFC is UsFastCash. Saying they can't disclose the info is typical now. I think in the beginning, when I jumped on the bandwagon, they handled it differently. Once the debit hits your account and is returned as a closed account UFC will be informed of such by Intercept. Did you send an email to UsFastCash letting them know that you spoke with Intercept? That is key and they may be calling about that. I would contact them to see what response you get. Check with your bank's ACH department and tell them that you had to close your account to stop unauthorized debits. Give them the last date that a debit went through and ask them to give the identifying information for that transaction. That will tell you where the transaction was processed. On some it may be a bank to bank, but I know that UFC uses Intercept to process.


lrhall41

Submitted by llw1995 on Thu, 05/22/2008 - 16:19

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No...USF does not know that I have spoken with Cindy


lrhall41

Submitted by on Thu, 05/22/2008 - 17:01

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I told them that I revoked my ACH....I will tell them that I have contacted Intercept....I do not have an email for Cindy....I am getting very confused

BTB


lrhall41

Submitted by on Thu, 05/22/2008 - 18:14

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BTB. . .don't be confused. Let me see if I can help. You told UsFastCash that you revoked your ACH, correct? But you did not tell them that you had been in contact with their processor, Intercept, correct? Here's how it went down for me with UsFastCash. I closed my bank account, which you have already done. I sent UFC a C and D letter, which you have already done as well. I called Intercept and spoke with Cindy which you have also done. I then drafted an email to Intercept to confirm what I had told them on the phone. I took that email and put it in an email to UsFastCash so they would be aware that I had spoken with Intercept. Here is what I sent them. . .

Attached is a copy of a recent communication which has been sent to Intercept EFT regarding my account and your continued attempts to collect on an illegal loan. At this point in time, I feel that it is necessary to go beyond the boundaries of your organization to assist me in getting this resolved. I have also sent a copy of this communication to Bremer Bank, identified as the originator of the funding source. They have been notified via telephone that the communication/complaint is in the process of being delivered to their financial institution. Thank you for your attention to this matter. Signed (my name)

I have recently spoken with your organization regarding an ACH/EFT revocation with USFastCash. I have also been in contact with Bremer Bank, which is the originator or their loans. I believe I spoke with Cindy. She was extremely helpful, sending an email to UsFastCash, as we spoke. I have not heard from them, as she indicated I would but that in it self is not a concern. They never answer requests. However, I have sent them an authorization revocation but they do not seem to be honoring that request. According to their website, they have a payment scheduled for April 30, 2008, in the amount of $90.00 I am now revoking any ACH/EFT withdrawals generated by UsFastCash, directly to you, as the third party processor. Please see the attached letter which has been sent to them repeatedly. Thank you for all your help. Signed (my name)

I then attached a copy of my original C and D letter to this email as well. That was that. This is what I received back from UsFastCash within 30 hours. . .

Your account is closed, your balance zero.


I hope this clairfies how I handled the process with UsFastCash. Should you decide to use any of this, just make sure you modify it to your particular loan situation.


lrhall41

Submitted by llw1995 on Thu, 05/22/2008 - 18:31

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ok...i will try to follow that to the letter, and see what happens...I will keep you posted.

BTB


lrhall41

Submitted by on Thu, 05/22/2008 - 19:39

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Still never received an email from Cindy at Intercept and I do not have an email address for her to send her the copy that you sent me on your previous post. Should I call her again? and I have heard nothing from ameriloan or 247 Advances, i don't know what to do about those...i have sent them the C & D letters several times...and Ambassador returned my email and said that her supervisor would be calling me and then nothing...should I continue to send the letters over and over again? I can't seem to find out who the processors are of those loans.

Thanks
BTB


lrhall41

Submitted by on Mon, 05/26/2008 - 11:04

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BTB. . .yes, call Cindy again and tell her you never received her email. Ask her for a direct email address. I sent tons of C and D letters until I got a positive response. It doesn't always happen overnight. ameriloan processes with Intercept. Just keep after these slugs until you get the right answer.


lrhall41

Submitted by llw1995 on Mon, 05/26/2008 - 15:24

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This was a very busy week for me so I didn't get a chance to call Cindy from Intercept...I actually have not been contacted by any of the payday loan companies and don't know if that is or isn't a good sign....I will try Cindy tomorrow just to cover my bases....I still never received an email from her, so I will continue that route....is not hearing from them normal, or should I still be worried?

BTB


lrhall41

Submitted by on Sun, 06/01/2008 - 05:22

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I went to their site and it said the following:

6/2/08 - Account Closed
Loan Amount $200.00
Outstanding - $348.00
Interest Due - $148.00
Arrears - $74.00

According to my bank statements, they have already taken out over 800 dollars...

What a racket, and they still say I owe more...are they kidding?

BTB


lrhall41

Submitted by on Wed, 06/04/2008 - 10:41

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what is their website address? i can't find it.


lrhall41

Submitted by on Sun, 09/14/2008 - 19:21

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i am looking for info on payco. i want to pay them in full but do not have an email address, website, or phone number for them


lrhall41

Submitted by on Sun, 09/14/2008 - 20:21

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