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NC PDL Laws

Date: Sat, 08/16/2008 - 17:56

Submitted by anonymous
on Sat, 08/16/2008 - 17:56

Posts: 202330 Credits: [Donate]

Total Replies: 28


I have three PDL's and at this point I think I'm ok. But I can see where this would get out of hand. Just so I'm armed, can someone share NC's law on PDL, I can't seem to find it on my own.

Thank you.


Hiya and welcome to the community! :) I'm going to post your pdl laws for you, then I am going to post some information on how to proceed since Internet pdl's aren't legal in your state, however, it would be great if you would p ost the name of the pdl's you have loans with, then other members who have dealt with them can give you some insight on their business practices. :)

Quote:

North Carolina State Information

Legal Status: Prohibited (N.C. Gen. Stat. ???? 53-281 authorizing payday loans allowed to sunset in 2001)

Citation:
The consumer finance act applies. N.C. Gen. Stat. ???? 53-173

Small Loan Rate Cap
36% per year

Where to Complain, Get Information:
Regulator: North Carolina Attorney General (See also Commissioner of Banks)
Address: NC Attorney General's Office 9001 Mail Service Center Raleigh NC 27699-9001
Phone: (919) 716-6400
Fax:
Regulatory Contact:


lrhall41

Submitted by Shazzers on Sun, 08/17/2008 - 07:32

( Posts: 17344 | Credits: )


I hope the information below will help you. :)
You are only obligated to pay back the principal amount you borrowed from an unlicensed/illegal Internet Payday Lender.

What should you do?
Close your account asap, if you are unable to close your account, go into your bank and ask to speak with the Branch Manager, tell him/her you need a hard debit block placed on your account immediately! Explain that you are revoking ACH authorizations from unlicensed/illegal companies, and have learned these companies are notorious for ignoring revocation, therefore it is important to BLOCK any withdrawal attempts on your account to protect your interest. This is your privilege, do not accept no for an answer. The following link will provide you important information regarding closing accounts. CLICK HERE

What next?
AFTER your account is secure send each pdl (the unlicensed and illegal) an email similar to THIS (please scroll down to locate letter template). Tailor this letter to your needs, and try to write it with the same basic concept in your own words. You will need to research and locate email addresses/physical addresses if you don't already have them, I suggest that you type the name of the pdl (example: "oneclickcash address") in the search box in the upper right hand corner of this forum. You may also search for addresses HERE at the Better Business Bureau.

File complaints: Most of the time, you can file a complaint online with the following, I encourage you to follow through with doing so, you will need to search the Internet for your state Attorney General's website, however, here are links to file complaints for the FTC, Online complaints: Federal Trade Commission., and the BETTER BUSINESS BUREAU.

Keep in mind that you may not receive a response for days, or even weeks, or, you may receive harassing and threatening phone calls. I have found the best way to deal with this is not to respond or reply, simply hang up.

Side note: If you have paid an illegal/unlicensed payday lender above and beyond the principal amount you borrowed, it might be a good idea to demand a refund and a paid in full letter/receipt. You may or may not get one or both. It still doesn't hurt to include that tidbit in your letter. :)


lrhall41

Submitted by Shazzers on Sun, 08/17/2008 - 07:35

( Posts: 17344 | Credits: )


Sorry it took me so long to get back here, I can't figure out how to login. I feel like a big dummy. Ok, here's what we have.

US Fast Cash loan 250 paid 225
United Cash Loans loan 250 paid 150
Magnum Cash advance loan 520 paid 408.90

So I still owe principal on all of them, so I guess we'll keep going along.


lrhall41

Submitted by on Sat, 08/30/2008 - 05:28

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I live in NC and they are illegal. The only thing you are obligated to pay are the amount borrowed. I would contact the Attorney General office in Raleigh to file a compliant. The information is listed below:
Where to Complain, Get Information:
Regulator: North Carolina Attorney General (See also Commissioner of Banks)
Address: NC Attorney General's Office 9001 Mail Service Center Raleigh NC 27699-9001
Phone: (919) 716-6400


lrhall41

Submitted by bdouble on Sat, 08/30/2008 - 05:40

( Posts: 354 | Credits: )


You are in luck!! All three of those PDLs are ILLEGAL! Please close your bank account immediately or place a debit block on all of them. The only thing you owe them is the principal borrowed. You are close to paying off all of them so that is great! :P

I first Urge you to close your bank account. Please read this thread below regarding that. Best of Luck!

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


lrhall41

Submitted by Cool_Abyss on Sat, 08/30/2008 - 05:44

( Posts: 2936 | Credits: )


Hi, I had to sign up under a new username so I'm the same person that's been posting here.

Thanks! I'm worried about closing my account but I think this is the best way to handle this.

So I close my account and send the letter then what? They will make payment arrangements with me? Or will they just call and harass me? How will I know where to mail the payments so that I know that they are received? Should I mail them return notification?


lrhall41

Submitted by sabrespa on Sat, 08/30/2008 - 05:54

( Posts: 6 | Credits: )


Oh trust me once you close that account they will be in contact with you. Send the letters stating your desired payment arrangment and revoking any/all wage assignments. Also make sure the letter states you are not authorizing any further debits from either company. So you have a lil work to do. It can be time consuming, but it is worth it.

Now once you have done all this they will be in contact with you. If they refuse stay STORNG :) Remember thay are all ILLEGAL!


lrhall41

Submitted by Cool_Abyss on Sat, 08/30/2008 - 06:32

( Posts: 2936 | Credits: )


hello,since your first post was aug 17,and it is now sept 7.have these pdl's gotten another rollover.if so that is less you owe.


lrhall41

Submitted by paulmergel on Sun, 09/07/2008 - 15:18

( Posts: 15514 | Credits: )


GRC is continually taking money from my account, they are not allowing me to pay off the balance I owe, which is $500, and I have already paid them $450....... I live in Illinois, anything I can do?


lrhall41

Submitted by on Fri, 01/30/2009 - 10:23

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GRC is not licensed in IL.so you only owe them 50.00 dollars.you should close your current bank account and open a new one.GRC will debit forever if allowed to.stop there access to your money and take back control.


lrhall41

Submitted by paulmergel on Fri, 01/30/2009 - 10:25

( Posts: 15514 | Credits: )


I owe a loan to GRC and cannot get in touch with them and I wanted to know if they can really do business in california. I borrowed $500 and they want me to pay more after they already have been taking $150 every other week for 2 months.


lrhall41

Submitted by on Thu, 06/04/2009 - 17:32

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USFastCash and OneClickCash are the only 2, are they legal in NC


I had 2 payday Loans about 2 years ago. I am disable and get a social security check I live in North Carolina. any ways I opened up a new bank acct . at another bank cause I was going to change banks, I call the loan place and gave them the new bank name and acct, number , well i changed my mind about changing banks a week later and did not transfer my s.s.i there, So I had forgot all about it, I had moved. now they called me asking for the money and clam to have charges on me , A guy with very bad English called me and told me that I had to be in court Monday morning in California, I live in NC. I never heard of such,the amount borrowed was $200.00 with all the fees it totaled up to $545.00 . They said im going to jail ON 3 CHARGES, and that my social security check will be stop. Can they do that? He clams to be a atty. but business was bad and bad English. The guy said I know you have a bank acct and I know the name of it. Please tell them they cant stop my disability payment HELP, Im going to go to to a lawyer about filling bankruptcy. What do I do.. ps i had a small tape recorder and i recorded him making threats.


lrhall41

Submitted by on Sat, 07/18/2009 - 12:28

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I just found out something i was able to log on to the two acct.
USFastCash and OneClickCash and the Reference Information had been changed and I have proff. lol i


lrhall41

Submitted by on Sat, 07/18/2009 - 13:04

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i am from nc and i went to sc to a storefront pdl and got two loans from two companies. if i cant pay them back will i go to jail? what can they do to me? :(


lrhall41

Submitted by on Thu, 07/30/2009 - 09:41

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I have seen a member in this same situation before. First off, PDLs are prohibited in NC. So I am unsure how they lent to a NC resident. If they review your application and discover your residency at the time the loan was originated, that may be unfavorable for you. Jail I doubt highly! Definately call your states Dept of Financial Institutions to clarify this for further guidance.

My guess is being that you pursued the loan yourself and they did not solicit you, then you are obligated to repay the storefronts in SC to include fees. PDLs in SC are Legal. But that is just my guess. Others will be along to offer more advice.

What are the names of the storefront loans? Are the loans past due? If they are CFSA members then you can request a repayment plan.


lrhall41

Submitted by Cool_Abyss on Thu, 07/30/2009 - 09:46

( Posts: 2936 | Credits: )


With regards to storefront loans, the regulations of the stores location are what is followed. The banning of PDL's in NC and GA has been a boom for both internet lenders and neighboring states lenders as the residents of these states still have a need to borrow, but now have to go online or drive across state lines. There is one state that created a roadblock to this and I believe that it is WV. If memory serve me correct, they stipulated that it is not illegal to loan to thier residents, but is not permissable to call or enter the state to collect a PDL.


lrhall41

Submitted by PDLOwner on Thu, 07/30/2009 - 11:47

( Posts: 1049 | Credits: )


Exactly what I am implying. If it came down to the courtroom then the PDL may have the upper hand in this situation being Ablet pursued the loan.

Ablet may be responsible for the loans with fees included. She needs to call NC DFI and also SC DFI to get more valid information. I am no lawyer :lol:

I will try to find the other post where there was an outcome of the former member in the same situation.


lrhall41

Submitted by Cool_Abyss on Thu, 07/30/2009 - 13:19

( Posts: 2936 | Credits: )


:shock:

You lost me!!

Unless something just changed in SC on this last go around, they are responsible for the loan and fees. The OP will not go to jail, but can be sued in small claims of the company chooses to do so.

I am 99% positive on the WV deal and there may be one way out west.


lrhall41

Submitted by PDLOwner on Thu, 07/30/2009 - 13:55

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