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PAYDAY LOANS

Date: Wed, 07/23/2008 - 13:09

Submitted by jlw2345
on Wed, 07/23/2008 - 13:09

Posts: 22 Credits: [Donate]

Total Replies: 20


I have gotten myself into the payday trap. Can anyone tell me if the lenders have to abide by the state they are lending in or the state I live in? I am from Ohio.


Quote:

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


lrhall41

Submitted by Shazzers on Wed, 07/23/2008 - 13:19

( Posts: 17344 | Credits: )


MYCASHNOW internet Borrowed 890 paid 505 so far
Think Cash internet Borrowed 500 paid 168 so far
NETCASHUSA internet Borrowed 500 paid 650 so far
cashland storefront Borrowed 800 will pay 912.50


lrhall41

Submitted by on Wed, 07/23/2008 - 13:47

( Posts: | Credits: )


No they aren't all licensed. The only one that is licensed is Cashland. However, Cashland is a member if the CFSA, this means you are eligible for the EPP (extended payment plan) if you haven't defaulted yet! You must go into the store at least one day before your payment is due, ask them for the EPP plan, and you will make 4 equal payments on each payday.

The Internet loans are not licensed in Ohio, therefore you only owe them the principal amount you borrowed. You will need to close your account, or place a hard debit block on it so these lenders can not take any more of your money. After you have your account secured, send all of these illegal lenders an email revoking ACH transactions, wage assignments, and tell them to cease and desist any further contact with you other then by email or USPS. Set up payments arrangements with them on the balances, and tell them you will send them money orders to a physical address, ask them to supply one for you. They will probably tell you that you must follow the laws in the state they are licensed in, but that's not true, you must comply with your state laws. Hmmmm, it looks like you have over paid NETCASHUSA by $150.00. You're finished with them, in fact they owe you, you can request a refund, but I doubt if you'll get it, it doesn't hurt to ask though!


lrhall41

Submitted by Shazzers on Wed, 07/23/2008 - 16:42

( Posts: 17344 | Credits: )


OK So trying to work with the ACH Processors was a joke. My bank was helpful in getting me information but each one was just another bank. They were no help at all. I did talk to ACH commerce and she was rude and no help. She said that she knows nothing about any illegal activity with NETCASHUSA. I told her I would email her the laws, but she wouldn't give me her email address. My bank says that closing my account won't help because when another PDL withdraw hits my account it will open it back up. So what is my next step???


lrhall41

Submitted by jlw2345 on Thu, 07/24/2008 - 13:57

( Posts: 22 | Credits: )


"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."

This is from the sticky on the payday loan forum, titled "Important: Read before closing your bank account due to PDL." Basically, you need to go to your bank manager and don't take no for an answer! Be sure that you take copies with you showing that you have revoked the PDLs rights to debit your account.


lrhall41

Submitted by alias1958 on Thu, 07/24/2008 - 14:49

( Posts: 1230 | Credits: )


I got a reply today from NETCASHUSA. I had asked them to mark my loan as PIF. They said in their email that they have to speak with counsel and I will have an answer within 3 days. What is this???


lrhall41

Submitted by jlw2345 on Wed, 07/30/2008 - 15:19

( Posts: 22 | Credits: )


MyCashNow uses ACH as their processor. I don't know about the others. I will tell you, ACH is harder to work with than Intercept EFT. Some PDLs do use a bank to bank processor so you might want to try and touch base with the info your bank gave you. As for your most recent email, hopefuly they will come back with a PIF for you. Keep us posted.


lrhall41

Submitted by llw1995 on Wed, 07/30/2008 - 15:49

( Posts: 1422 | Credits: )


Quote:

OK So trying to work with the ACH Processors was a joke. My bank was helpful in getting me information but each one was just another bank. They were no help at all. I did talk to ACH commerce and she was rude and no help. She said that she knows nothing about any illegal activity with NETCASHUSA. I told her I would email her the laws, but she wouldn't give me her email address. My bank says that closing my account won't help because when another PDL withdraw hits my account it will open it back up. So what is my next step???


If you have revoked ACH authorization then they [the bank] must honor it! Did you speak to the Branch Manager about placing a hard debit block on your account? You need to make it clear to them there is some illegal activity about to take place on your account, explain that you MUST have that block placed on your account and be assured it will NOT be forced back open under ANY circumstances and it is the banks responsibility to enforce it or they will be liable.


lrhall41

Submitted by Shazzers on Thu, 07/31/2008 - 03:49

( Posts: 17344 | Credits: )


Yes I did speak to the Branch Manager last Friday. I gave him a copy of my ACH revocation letters and explained to him that this was illegal activity. He said that he has never had any dealings with such a thing. He didn't even know what a hard debit block was. He told me that he would "check" on all this and get back to me. I called the first of the week and he still doesn't have any answers for me. Today is Thursday. :(


lrhall41

Submitted by jlw2345 on Thu, 07/31/2008 - 05:49

( Posts: 22 | Credits: )


Quote:

Yes I did speak to the Branch Manager last Friday. I gave him a copy of my ACH revocation letters and explained to him that this was illegal activity. He said that he has never had any dealings with such a thing. He didn't even know what a hard debit block was. He told me that he would "check" on all this and get back to me. I called the first of the week and he still doesn't have any answers for me. Today is Thursday.


Well, I have a suggestion for you, it's a little far fetched, but possible, because it worked for me! I searched the Internet for the CEO's phone # and email address, and low and behold I found it! I shot an email to the CEO of the company and explained my dilemma, doncha know the next day I received a phone call from the Branch Manager and a big fat apology. I always say, if you can't get things done, go straight to the top of the ladder. :D


lrhall41

Submitted by Shazzers on Thu, 07/31/2008 - 06:41

( Posts: 17344 | Credits: )


Shazz. . .I agree, sometimes that has to be the way it is. That' s how I got "rid" of Star Advance. Went straight to the top and I too got an apology for "causing me so much aggravation" and a forgiven loan to boot! When dealing with these slugs nothing is too far fetched as their dishonesty is reaching far beyond just us.


lrhall41

Submitted by llw1995 on Thu, 07/31/2008 - 07:00

( Posts: 1422 | Credits: )