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I need serious help!

Date: Tue, 02/10/2009 - 15:01

Submitted by gleamgliding
on Tue, 02/10/2009 - 15:01

Posts: 6 Credits: [Donate]

Total Replies: 8


I live in Arizona and I currently have 3 payday loans outstanding.

1. My Cash Now- online
principal- $420. They are saying I owe somewhere around $700 with interest.
paid so far- $183.58

2. CashNet USA- online
principal- $500. After interest, I owe about $600.
paid so far- $97.80

3. Pay Day One- online
principal- $500, about $610 with interest.
paid so far- zero.

My biggest problem is that all three of these places keep trying to debit my checking account at the same time, and it's all getting bounced back. I haven't been depositing my checks because one paycheck wouldn't even cover the amount of one of the loans. So in the past month and a half I've accrued over $500 in returned check fees alone. Bank of America is working with me on this but not that much. They won't freeze my account.

I've read that My Cash Now is illegal in AZ, and that legally I am only required to repay the principal. Is this true? They are going to try to take out another 3 payments this friday, which will be another hundred dollars in returned check fees from B of A!! How do I prevent this from happening?

I set up arrangements with Cashnet USA to pay it off in three payments in the form of wire transfers. I don't know how I am going to afford this, but I can't see any other options.

Pay Day One seems pretty legit, they haven't added a billion NSF fees to my balance or anything. I could call them and make payment arrangements, but I already have arrangements set up with CNU and my bank, so I won't be able to afford it for another month at least!

I'm in so over my head here! I'm so pissed at myself for getting these stupid loans.

What can I do?


Go to the Arizona Department of Financial Institutions. They have a list of licensed lenders

Per their department, ALL internet lenders have to still be licensed in the State of Arizona. If not, they they are illegal and you are only required to pay back the principal.

Even if they are legal, they better be following the state laws in terms of interest etc.

I have a loan with My Cash Now, they are 100% ILLEGAL and they are not even located in the states, can't do anything about it.

I have a CashNetUSA loan too, defaulted on them because I closed my bank account. They worked out a good payment plan that fit my needs as I was honest with them about what I could do. They are great to work with, just be honest with them.

From what I can tell from other posts, Pay Day One is ILLEGAL.

I've also read on other posts that Bank of America is really bad with dealing with consumers on closing bank accounts. I bank with Compass thus, they were great.

I explained that I have revoked my ACH authorizations (make sure you follow the sticky post on how to do that) and that these companies are still doing it. Compass Bank considered that fraud and did a hard freeze on the account except for deposits as my husband's paycheck was going to hit within a few days of this mess. They also refunded my NSF fees from the illegal transactions!

I would go into the bank and actually talk to a branch manager and deal with them and if they don't help, then deal with a regional manager.

THIS is fraud. You have all rights to revoke your ACH and the bank by law has to honor that revokation. Make them honor the laws!

Hope this helps, and good luck. I had 13 loans, all of which except 4 were legal, and the 4 that were legal I can still file claims against as NONE of them asked me if I had another loan!

Good luck!


lrhall41

Submitted by kmball1968 on Tue, 02/10/2009 - 15:19

( Posts: 46 | Credits: )


I went to the branch where I opened my account and where I do the majority of my business. They know me and it was easier to deal with them.

Please see my post about Arizona laws....

Here is the ARS (Arizona revised statue) that says if they are illegal, you don't even owe the principal!
6-1262. Violation; classification; individual liability

A. A person that provides deferred presentment services without a license is guilty of a class 1 misdemeanor.

B. A licensee that violates this chapter or the rules adopted pursuant to this chapter is subject to revocation of the licensee's license and is guilty of a class 1 misdemeanor.

C. An officer or agent of a corporation or association who participates in a violation of this chapter is subject to the penalties prescribed in this section.

D. Except as the result of an accidental or bona fide error, if the licensee charges, contracts for or receives any amount in excess of the fees expressly permitted by this chapter, the deferred presentment is voidable and the licensee has no right to collect or receive any fees in connection with the deferred presentment transaction. Any deferred presentment transaction that is made by a person who is required to be licensed pursuant to this chapter but who is not licensed is void, and the person has no right to collect, receive or retain any principal or other fees in connection with that deferred presentment transaction.

I didn't send certified letters, just faxes and emails. I set up a seperate yahoo email account so that they don't bog down my regular email accounts.

Best wishes to you, you can do this and like the other post - don't take no for an answer.


lrhall41

Submitted by kmball1968 on Tue, 02/10/2009 - 15:53

( Posts: 46 | Credits: )


is it legal for the payday loan companies to want to talk to your supervisor at work? because checksmart is wanting to talk to my supervisor to try and collect a debt. is that possible?


lrhall41

Submitted by on Tue, 02/24/2009 - 13:01

( Posts: | Credits: )


no they can't do that.they can only call to try and verify employment.they can't do anything more than that.anything else and there breaking the law.


lrhall41

Submitted by paulmergel on Tue, 02/24/2009 - 13:07

( Posts: 15514 | Credits: )