logo

Debtconsolidationcare.com - the USA consumer forum

How do I determine what I legally owe on PDLs in CA?

Date: Fri, 11/28/2008 - 22:31

Submitted by anonymous
on Fri, 11/28/2008 - 22:31

Posts: 202330 Credits: [Donate]

Total Replies: 5


I have gotten in over my head & closed my checking account but now need to determine what I legally owe so I can send the cease & desist letters to my PDLs. Can someone help me figure out what I owe so I know the amounts to put in the letters?

Little Loan Shoppe: $500 loan - have paid $1050
EZ Payday: $200 loan - have paid $350
Instant Cash: $400 loan - have paid $650
Cash Direct: $300 loan - have paid $180
Integrity: $300 loan - have paid $0 (1st payment was due 11/28)
CashTransferCenter: $200 - have paid $0 (full payment $254 due 11/28)
CashNet: $255 - have paid $0 (full payment $277.50 due 11/28)
Norstar: $300 - have paid $0 (1st payment was due 12/12)

I am only responsible for the amount of the loan & a one time fee? Please help!

email deleted for your protection...paulmergel


it looks like all are illegal therefore you only owe the principle borrowed nothing more.the first three you have overpaid and therefore you should demand a refund.the others you owe the principle.cashtransfercenters are going to be a pain in the tuckus.the others might fight you on there legality,but they are not licensed therefore they are illegal.get those letters out asap.send them certified mail return receipt.


lrhall41

Submitted by paulmergel on Sat, 11/29/2008 - 05:50

( Posts: 15514 | Credits: )


Now with Cashtransfercenters, did you sign a wage assignment? If you did, you must revoke this with your payroll dept asap. You can do this by writing a letter saying something like "I hearby revoke the right of any company to garnish my wages without a court order", or something like that.
Did you say you were in California? If you are, then many of these companies are not licensed and could even be banned in some cases. I think that Cash Transfer Centers, since it's part of the Sonic family of companies, could also be banned (Sonic is), but I will check on this. At any rate, it's unlicensed and is definately illegal.


lrhall41

Submitted by kscornell on Sat, 11/29/2008 - 17:50

( Posts: 4407 | Credits: )


OK, I'm back--and Cash Transfer Centers was issued a Cease and Refrain order on August 27th of this year by the State of California--which means that they can no longer issue loans to California residents as of that date.
What this means for you is that this loan is clearly illegal, if you are a California resident--and as Paul said, you only need to pay back the principal and not a dime more.


lrhall41

Submitted by kscornell on Sat, 11/29/2008 - 17:58

( Posts: 4407 | Credits: )


CAN I JUST TELL YOU AGAIN HOW GREAT THIS SITE IS AND HOW MUCH I APPRECIATE ALL THE RESPONSES & HELP!!

I viewed my contract online and do not see anything about a wage assessment. Here's my contract:

Please scroll to the bottom of the page to electronically sign (type your name) this Loan Agreement

Quote:

Northway Financial Corporation Ltd
LOAN AGREEMENT

Customer Name: Jennifer A. Collins Date: 11-23-2008 (Month/Day/Year)
Customer Address: , Huntington Beach, CA, 92649
Customer Bank: Citibank Customer Bank Account #: Customer Bank Routing #:
SSN:

In this Loan Agreement (this "Agreement"), the words "you" and "your" mean the customer who has signed this Agreement and who is identified above. The words "us", "our", "we" and Creditor mean the lender in this transaction, Northway Financial Corporation Limited, conducting business in and incorporated under the laws of the Republic of Malta and duly licensed by the Malta Financial Services Authority. The word "Broker" means the broker in this transaction, Northway Broker Limited doing business as Cash Transfer Centers. Carrying on business in and incorporated under the laws of the Republic of Malta duly licensed by the Malta Financial Services Authority.

Promise to Pay: You promise to pay the "Total of Payments" shown in the box below on the due date shown in the "Payment Schedule" in the Disclosure box below, including the:
Broker Fee of: $ 52.00 due to the Broker in consideration for the services which the Broker provides to you.
Amount Financed of: $ 200.00 repayable to us, and
Loan Charge of: $ 2.00 due to us.

Other Terms: You authorize us or our financial institution to debit your Account through an Automated Clearing House ("ACH") debit at any time on or after the Loan due date for the Total of Payments. If there are insufficient funds in your Account on the day we debit your Account, a
$ 29.00 fee for insufficient funds will be charged by us and debited from your Account by the Broker. If we must send your Loan to a collection agency, you agree to pay any collection fees and reasonable attorney fees and other costs to collect the Loan.

You acknowledge that the Total Amount payable under this loan agreement has been pledged to third parties.

Because this Agreement is not made until we have accepted it at our office in the Republic of Malta, the laws of the Republic of Malta shall apply to this Agreement.

We provide you the following disclosures solely for the purpose of helping you to understand your transaction with us.
ANNUAL
PERCENTAGE
RATE
The cost of your
credit as a yearly rate.


1972.35% FINANCE
CHARGE
The dollar amount
the credit will cost you.



$ 54.00
Amount
Financed
The amount of
credit provided to you or on your behalf.


$ 200.00 Total of
Payments
The amount you will have paid after you have made all payments as scheduled.


$ 254.00

Payment Schedule: One payment in the amount of $ 254.00 due on 11-28-2008 (Month/Day/Year)
Security Interest: You are giving us a security interest in your ACH debit in the amount of Total of Payments, plus applicable NSF, collection and reasonable attorney fees.
Prepayment: Even if you pay the Loan prior to its due date, you must pay the full finance charge. There will be no refund on any part of the finance charge.
Cancellation: You have the right to cancel this Agreement by sending us a Cancellation Notice signed by you (located on the Loan Status page of this website) by facsimile to 1-866-809-4069, prior to the earlier of the time we advance the Loan to you. If you cancel this Agreement, you will not receive the Loan.
See your Loan Agreement for any additional information about nonpayment, default and prepayment refunds.

Itemization of Amount Financed of $ 200.00: Amount Paid Directly to you $ 200.00:

The disclosures above are part of the terms and conditions of your agreement with Broker and us. The Annual Percentage Rate figure above is a measurement of the cost of your Loan, including the Broker Fee and Loan Charge, expressed as a yearly rate, assuming daily compounding of interest.

Days Loaned Annual Percentage Rate Finance Charge Amount Financed Total of Payments
5 1972.35% $54.00 $200.00 $ 254.00
4 2465.44% $54.00 $200.00 $ 254.00
3 3287.25% $54.00 $200.00 $ 254.00

TRUTH OF APPLICATION: You certify that the information contained in the Northway Broker Limited Application form (the "Application") that you provided to Broker is true and correct. You understand that we are relying upon the Application and this Agreement. You authorize Broker to verify any information through any source including use of a credit report. Broker has assured us that the amount financed and our fee will be paid.

DEFAULT: You will be in default under this Agreement if:

(a) you stop payment on our debit to your Account; or

(b) the debit is not processed by your bank for any reason, or

(c) you provide false or misleading information about yourself, your employment or your financial condition (including the account you authorize us to debit) in the Application or elsewhere prior to entering into this Agreement; or

(d) any of the following happens to you: death, failure to pay your other debts as they come due, appointment of a committee, receiver or other custodian of any of your property, or the commencement of Bankruptcy proceedings by or against you as a debtor.

POSSIBLE MULTIPLE DEBITS TO YOUR ACCOUNT: If funds are not available when we debit your Account on the date agreed upon you authorize us and/or our representatives to perform multiple electronic debits to your Account, up to the Total Loan Amount Plus the $ 29.00 insufficient funds fee for each such rejected debit. By signing this Agreement, you acknowledge that you understand this procedure and agree to electronic collection of your debt in the manner prescribed above.

AGREEMENT TO ARBITRATE DISPUTES: You and we agree that any and all disputes, claims, controversies and differences between you and Broker, or you and us, including without limitation contract and tort disputes, shall be referred by any party to arbitration by the International Center for Dispute Resolution ("ICDR"), The Hague, in accordance with its International Arbitration Rules. In order to obtain a speedy, binding, and cost effective resolution to any dispute(s), you, Broker, and we waive our rights to litigate through a Court and/or to have a Judge (or Judge and Jury) decide any dispute(s) between you and Broker, or you and us. There shall be one (1) independant Arbitrator agreed to by the parties. In the event that the parties cannot agree upon an independant Arbitrator, within 45 days from initial referral of the dispute(s) to the ICDR, the ICDR shall appoint an Arbitrator as provided under its International Arbitration Rules. The place of arbitration shall be at a convenient location within the nearest major metropolitan area to your place of residence, to be determined by the arbitrator. The language of the arbitration shall be English, and the applicable substantive law of the arbitration shall be that of the Republic of Malta. All decisions of the arbitrator shall be legal, binding, and final. Upon your request, we will advance your portion of the filing, administrative, hearing and arbitrator????????s fee. Throughout the arbitration, each party shall bear his or her own attorneys fees and expenses, such as witness and expert witness fees. The Arbitrator may award you or us any damages available under the law of the Republic of Malta. The Arbitrator shall not require the loser at arbitration to pay the winner????????s attorney fees.

AGREEMENT NOT TO BRING OR PARTICIPATE IN CLASS ACTION: You agree that you will not bring, join or participate in any class action as to any dispute, claim or controversy between you and us, or you and Broker. You also agree to the entry of injunctive relief to stop such a class action or to remove you as a participant in such an action. This Agreement does not constitute a waiver of any of your rights to pursue an individual claim through binding arbitration as provided above.

GOVERNING LAW AND JURISDICTION: The Republic of Malta is the place of the making of this Agreement. This Agreement will be made in Malta by you signing and sending this form to us and our acceptance and signing of this form and this Agreement shall be governed by and construed and interpreted in accordance with Maltese law except that the International Arbitration Rules of the ICDR shall apply to the Agreement to Arbitrate Disputes.The Malta courts shall have exclusive jurisdiction to hear challenges to the Agreement to Arbitrate Disputes contained herein, and to all disputes or claims arising under this Agreement that such Court, or the Arbitrator, deem to be incapable of arbitration.

SSN:

Documentation: I agree that electronic mail, electronic forms, records, photocopies, and/or facsimile copies of the documents I submit are valid and enforceable as the original. I agree that by typing my name as my electronic signature, it is acknowledged and understood that it constitutes an acceptance of all terms and conditions of the agreement and is valid and enforceable. By submitting the online information application by Internet, I am applying for a cash advance and certify that information provide by me is true and correct under penalty of perjury. In order to process this application, I understand verification of the information I have provided is necessary, including, but not limited to, proof of residence, employment and bank account verification. I accept personal responsibility for safeguarding any PIN or CUSTOMER NUMBER or PASSWORD that might be assigned to me. (Be sure you fully understand these procedures before signing and submitting forms as acceptance. If you are unsure, please take time to review or contact a customer service representative to answer any questions you may have.)

By signing below, you acknowledge that you have read, understand, and agree to all of the terms and conditions of this Agreement, including the Agreement to Arbitrate Disputes and the Agreement Not to Bring or Participate in Class Action. You further acknowledge that this Agreement contains all of the terms of the Agreement and that no representations or promises other than those contained in this Agreement have been made. You also further Acknowledge that this Agreement was filled in before you signed it, and that you have received a completed copy of it.

Northway Financial Corporation Ltd.


By:
Northway Broker Ltd.

By:
Digital Signature:
JENNIFER A. COLLINS


lrhall41

Submitted by on Sat, 11/29/2008 - 21:18

( Posts: | Credits: )