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letters to PDL's - email or registered mail

Date: Tue, 03/10/2009 - 14:15

Submitted by urrrlacher
on Tue, 03/10/2009 - 14:15

Posts: 43 Credits: [Donate]

Total Replies: 32


Should I send C&D / DV and other letters via

email with recieved and read receipt option
or
registered US mail and get a receipt.


I am working with three illegal lenders. I have mailing addresses for two of them and one of the two contacted me with a generic email this morning about my payment being returned (I closed my account) and asking me to call them to clear up this "administrative error." So today I sent those two C&D letters via USPS certified mail.

The third one has no mailing address that I can find, just a fax number. So I'm going to wait until I hear from them about my returned payment and then I will fax them my response (it's ready to go).

This is just how I handled it, mostly because I'm not really a confrontational person and am a lot better in writing than I am verbally. I also prefer the formality/seriousness of sending something certified mail, as I'm sure these companies get tons of faxes with contracts, etc.


lrhall41

Submitted by on Tue, 03/10/2009 - 15:31

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I would DEFINITELY do both and fax them as well, but not from work. When I mailed mine certified a few of them came back due to the fact that some of these places don't even have a legitimate mailing address. So, if you email and fax them too then you are covered. Also, every time they contact you via telephone, re-send the letter to them. Mine have completely stopped calling me and Cash Supply finally sent me a PIF after calling me non-stop every day. Just keep records of everything you do and everything you receive from them.


lrhall41

Submitted by alinewcombe on Wed, 03/11/2009 - 06:32

( Posts: 68 | Credits: )


Never say never, I did received a refund from SPD Financial for $870.00. I was shocked!! I stated in all the letters that I sent how much I paid and if I overpaid thenm, I requested a refund as well. It doesn't hurt to ask and legally they should pay you but since they are illegal they may not. Good luck!!!!!


lrhall41

Submitted by alinewcombe on Wed, 03/11/2009 - 08:30

( Posts: 68 | Credits: )


How do you know if an Internet payday lender is illegal?

specifically, [email]titancs@midlandcompanies.net[/email] (titan group LLC)

and

SJM marketing LLC Customer Service
Platinum B Services
866-722-2770
[email]customerservice@platinumbservices.com[/email]

I am in PA and they both keep taking money and rolling over the fees. I have paid WAY more than I borrowed.


lrhall41

Submitted by on Wed, 03/11/2009 - 09:44

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When was the loan taken out. PA laws have changed as of February First.

PA was different as they allowed lenders to legally lend as long as they had a license in at each one US state but that has changed now.

I will look to see if I can find out if they are licensed. In the mean time hopefully a member can come along that already knows.


lrhall41

Submitted by nohiogal on Wed, 03/11/2009 - 09:47

( Posts: 2582 | Credits: )


i am not sure about pa laws, i think they changed recently? i am sure someone will be around.. usually with internet ones, it is the state laws that determine if they are legal or if how much you paid was legal. (unless the company is flat out illegeal, but i am not familar with the one you mentioned)


lrhall41

Submitted by bea2ls on Wed, 03/11/2009 - 09:48

( Posts: 3840 | Credits: )


I would really like it if the letter I composed looks good to the "experts". Can't wait to hit send!



March 11, 2009

United Cash Loans
3531 P Street NW
Miami, OK 74355
Phone 1-800-354-0602
fax 1-800-803-8794



After doing research regarding Internet payday loan laws in the State of Illinois, 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 Illinois in general. Here is a link showing exactly which payday loan lenders are legal in Illinois: idfpr.com/dfi/ccd/licensees/PLRA%20Licensees.pdf

Your State Information

I hereby revoke any and all ACH authorizations with your company from debiting any of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I have closed my account with the JP Morgan Chase to protect my interest in this matter, per instructions from The Illinois Department of Finance. I also revoke any and all wage assignments I may or may not have signed with your company, 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 have notified my employer about this matter so any attempts to do so on your part will be rejected.

I demand that any contact be made through US Postal mail or email only. I will need everything in writing to keep accurate records of all communication as per instruction from my Attorney General's Office.

I prohibit you or your affiliates to contact 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.

Due to the fact that Internet payday loans must be licensed in the state of Illinois to be a legal and binding contract, your company should NOT issue loans to Illinois residents at all. I am requesting that you send me your license number which enables you to offer loans to Illinois residents.

The legal amount that could have been charged to my loan is the principal amount, even IF your Internet pay day loan were legal anywhere in the U.S. I am willing to pay the principle amount of the loan only, which is $300.00 since I have already made $520.00 towards the principle, interest and fees the account should already be considered paid in full (PIF). A refund of $220.00 is expected and should be sent in the form of a money order or cashier???s check.

I must also inform you that I will be filing complaints with the Better Business Bureau, the Federal Trade Commission, and the Illinois Attorney General's Office.

I expect a response from your company no later than 5 days from the above date regarding this matter. This response may only come via US Postal mail or email. No telephone contact is permitted.

Sincerely,


lrhall41

Submitted by urrrlacher on Wed, 03/11/2009 - 10:30

( Posts: 43 | Credits: )


Try not to focus as much on receiving a refund and focus more on getting a PIF. That's what I was striving for and I just hoped for the refund and got lucky. Believe me I was surprised. The company I was dealing with obviously was aware that they did me wrong and at least were "big" enough to accept that and do the right thing. Now if I could just get a refund from E-Payday......they refused to have anything to do with me and I overpaid them by $2,000. Oh well, it was a lesson learned. Your letter looks good. Make sure to save the letter because you will most likely have to send it out a few times. They can become very persistent. Do not speak to any of your illegal lenders....deal with them through email or US mail only.....that way you have documentation.


lrhall41

Submitted by alinewcombe on Wed, 03/11/2009 - 11:19

( Posts: 68 | Credits: )


nohiogal, this is what I pasted. It's the only thing I could find, I hope it suffices.

Your State Information Illinois State Information
Citation:
Ill. Comp. Stat. Ann. ?? 122/1-1
Loan Terms:
Maximum Loan Amount: lesser of $1000 or 25% gross monthly income
Loan Term: 13-45 days
Maximum Finance Rate and Fees: $15.50 per $100
Finance Charge for 14-day $100 loan: $15.50
APR for 14-day $100 loan: 403%
Debt Limits:
Maximum Number of Outstanding Loans at One Time: Two
Rollovers Permitted: None (cannot rollover)
Cooling-off Period: 7 days after 45 consecutive loan days
Repayment Plan: Yes
Collection Limits:
Collection Fees: One $25 NSF fee (Presentment limit = 2)
Criminal Action: Prohibited
Where to Complain, Get Information:
Regulator: Illinois Division of Financial Institutions
Address: Consumer Credit Section, 320 W. Washington Springfield IL 62701
Phone: (888) 298-8089
Fax:
Regulatory Contact: Phil Sanson,, Acting Consumer Credit Assistant Supervisor
Regulator Website

Licensee Database

Complaint Instructions

Complaint Form Link

Online Resources:
Brochure: Consumer Guide to Payday Lending


lrhall41

Submitted by urrrlacher on Wed, 03/11/2009 - 12:01

( Posts: 43 | Credits: )


back to the line of responses about how to notify these ppl of C+D and ACH revokation - I love when they're so incredibly illegal that they ignore your requirement for written communication via mail and decide just to email you anyway. Sigh. Like I want that crappy karmic energy in my inbox...


lrhall41

Submitted by on Fri, 03/13/2009 - 13:03

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I live in Las Vegas and also having problems with titan... They keep taking money out of our check every 2 weeks and its only theinterest. We only borrowed 300 but they have tooken 90 bucks every two weeks for the past 6 months! waaaay more then what we borrowed. Can someone help me find out if it is legal to just keep taking money out like that??? please..


lrhall41

Submitted by on Tue, 08/25/2009 - 07:04

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I sent my letters via fax and e-mail. I responded to no phone calls. I printed out my letters and kept the fax sheets that prove it went through. I reprogrammed the fax machine so that it didn't show an incoming address/phone number.
Three days later I received a letter from one PDL and a refund check along with a settlement letter.

When the pdl ach's didn't go through, I received kind e-mails reminding me. I simply responded to them and pasted my original letter in my response. I received another paid-in-full e-mail, although I overpaid them.

The others I only owe $30, but they sent e-mails requesting some insane amount. So it worked out pretty well using faxes with the receipt confirmation and e-mails. They seem to respond to the e-mails pretty quickly.

Pretty soon it will be all over. NEVER AGAIN WILL I APPLY FOR A PAY DAY LOAN.


lrhall41

Submitted by aubrey on Tue, 08/25/2009 - 13:25

( Posts: 1203 | Credits: )