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Is Cityview Cash legal in Alabama - GADSDEN ?

Date: Wed, 03/11/2009 - 09:46

Submitted by chrisandandreasmith
on Wed, 03/11/2009 - 09:46

Posts: 36 Credits: [Donate]

Total Replies: 69


I got a loan through them last year in October I think, i closed my account so they couldnt debit it anymore. I just couldnt afford it anymore. A lady named Evora from Red River Ventures left a message on my voicemail today. What happens if I cant pay this remaining balance back? I live in Alabama - GADSDEN, are they even legal to do internet loans here? The message says she is from Red River Ventures and when you call the number back its Cityview cash that answers...can someone guide me on what to do...?


What are they smokin :x $6000 I think NOT! I suggest you get a copy of old bank statements somehow and total up he amount you actually paid in fees and principal. If it is more than $200, you are done with them and they owe you a refund. If not, then you need to pay whatever is left over not exceed $200 total. You are morally obligated to only pay the principal when the company is ILLEGAL.


lrhall41

Submitted by Cool_Abyss on Wed, 03/11/2009 - 10:01

( Posts: 2936 | Credits: )


They will fee you to death. They are the typical illegal lender. They take out a rollover fee forever and then when you try to contact them to pay off the whole loan it is impossible. No addresses and the phone numbers go to an answer machine or they ring forever.

You can never contact them to pay off the loan but when you have had enough and close off your account they come out of the wood work like roaches and start throwing around threats and harrass you.

Even if you try and offer to pay they throw out some huge amount claiming interest and late fees that are way over any legal amounts.


lrhall41

Submitted by nohiogal on Wed, 03/11/2009 - 10:17

( Posts: 2582 | Credits: )


It is a debt validation letter that is usually sent to collection agencies.

I think you should send them the illegal loan lender letter. Say that fives times fast..lol

You can find it here at the 13th post down. You just need to change it for your information and then email, fax and certified USPS to them.


lrhall41

Submitted by nohiogal on Wed, 03/11/2009 - 10:45

( Posts: 2582 | Credits: )


Here they are:

Quote:

Legal Status: Legal

Citation:
Ala. Code ?? 5-18A-1 et seq.

Loan Terms:
Maximum Loan Amount: $500
Loan Term: 10-31 days
Maximum Finance Rate and Fees: 17.50%; 3%/month after default
Finance Charge for 14-day $100 loan: $17.50
APR for 14-day $100 loan: 456.25%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: None (max $ amount of loans at one time: $500)
Rollovers Permitted: One (rollover)
Cooling-off Period: Next business day after 2 continuous loans repaid
Repayment Plan: Yes

Collection Limits:
Collection Fees: One $30 NSF fee; Court Costs; Reasonable Attorney's Fees up to 15% of face amount of check
Criminal Action: Prohibited (Unless check returned due to closed account)

Where to Complain, Get Information:
Regulator: Alabama Banking Department
Address: P.O. Box 4600 Montgomery AL 36103
Phone: (334) 242-3452
Fax: (334) 353-5961
Regulatory Contact: Arlene Baldwin, ,


lrhall41

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

( Posts: 2936 | Credits: )


So, I talked to this rep at City View cash and they refuse to let me send them a money order to pay my $210. THEY say I owe $598 now. They wont give me a physical address...she said "Go get a prepaid card, load the money and call us back with your payment" I say I want to mail a money order or a cashiers check and they refuse. The lady had the nerve to say "Well you were our best friend when you needed money but now you act like you dont even know us, pay your bill" I'm trying but they wont let me do it in a money order. I told her I would not give them a debit card number or a new checking account number because I did not trust them and she had the nerve to say " You dont understand how things work"....


lrhall41

Submitted by chrisandandreasmith on Fri, 03/13/2009 - 07:42

( Posts: 36 | Credits: )


Quote:

i took a loan out in December and i think I paid back half of it..it was a $200.00 loan. The message said I would end up having to pay $6000.00 back with all the fees the will add
You stated that you paid them in the past, so how do you owe them $210?? If it was me I would make sure of what I paid in the past before I sent then a dime!

Quote:
but when I release the prepaid card info and they try to debit my card later (which they will do because they are shady) they will add MORE fees saying the payment was declined and on and on...its a vicious circle unless you pay with a money order.


They are ILLEGAL for one. If you get a written agreement on the payoff, and they debit more than what they agreed then they are in the wrong. No sweat to you because they broke the agreement. So please check your statements and total up what you REALLY owe. If they refuse to provide a mailing address for payment then their LOSS :wink:


lrhall41

Submitted by Cool_Abyss on Fri, 03/13/2009 - 08:31

( Posts: 2936 | Credits: )


When I called and verified the amount, Its a $300 loan not $200 sorry on my part...I paid $90.00 and then had some issues happen...job, health, and all...I couldnt finish paying, I want to pay the amount off but the way they are talking to me and acting makes me not want to waste my time. I say i owe $210.00 they saiy I owe $598 and still counting...


lrhall41

Submitted by chrisandandreasmith on Fri, 03/13/2009 - 08:50

( Posts: 36 | Credits: )


So, I'm sending this to City View as an email....is this ok? Please help me change anything that may need changed, i dont want to dig a hole deeper with these people. Should the wage assignment be listed because I looked at the loan papers and I couldnt find anything where it said about a wage assignment? I have also CCed the FTC and the BBB on this email...will that help?



City View Cash

After doing research regarding Internet payday loan laws in the State of AlabamaI 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 Alabama in general:


Ala. Code ?? 5-18A-1 et seq.

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 First State Bank and Woodforest to protect my interest in this matter, per instructions from The Alabama 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 Alabama to be a legal and binding contract, your company should NOT issue loans to Alabama residents at all. I am requesting that you send me your license number which enables you to offer loans to Alabama 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, however, this is only if you provide me with a physical address where I can send payments. I have verified that I owe $210.00 on the principal amount.

I must also inform you that I will be filing complaints with the Better Business Bureau, the Federal Trade Commission, and the Alabama 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. Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.
Sincerely,

------ -------
CC:
Better Business Bureau
Alabama Attorney General
Federal Trade Commission


lrhall41

Submitted by chrisandandreasmith on Fri, 03/13/2009 - 09:35

( Posts: 36 | Credits: )


No, I think that is true. When I delt with PayDay One which is legal, they were very nice and it really made me feel better about payment arrangements.

The ones that yell, scream and intimidate are really shooting themselves in the foot. I can't imagine them getting more people to pay that way then being understanding and working out payments.

But then again, maybe we both are naive.


lrhall41

Submitted by nohiogal on Fri, 03/13/2009 - 09:55

( Posts: 2582 | Credits: )


This is the response I got from the letter I emailed them: for the record, these documents shown my name in print, not an actual signature.

Dear ______,

Per the documents you had agreed to and signed yourself, our records indicate that you have an overdue balance. At this time, we are requesting that you contact us to set up arrangements to take care of this situation. The collection process will continue until arrangements have been made.

Your account balance is: $580.00.

Please contact a customer service representative at 1-866-630-2656


Thanks, CVC

3/13/2009

City View Cash


lrhall41

Submitted by chrisandandreasmith on Tue, 03/17/2009 - 13:25

( Posts: 36 | Credits: )


Just keep emailing them back that they are illegal, have no license in Alabama and you have paid the loan in full.

I am sure you feel like you are banging your head against the wall at this point but that is really all you can do.

You may want to search City View at this site and see if another member might have tried something that worked better.


lrhall41

Submitted by nohiogal on Tue, 03/17/2009 - 14:21

( Posts: 2582 | Credits: )


Its funny how they say they will continue collection calls but since I stated in that letter that I tape all my conversations, they have not called, not even once....so I responded back to them with the SAME letter only certain places highlighted. For example : I highlighted that I request their license number to loan in Alabama and the tape recording part...I;m gonna stick it to them!


lrhall41

Submitted by chrisandandreasmith on Tue, 03/17/2009 - 14:48

( Posts: 36 | Credits: )


This is the response I got back from sending the letter a second time...what do you think I should reply back to this one? I still havent gotten the nasty calls again...


Dear Andrea Smith,

Sorry but the loan you you took out with our company is not in Alabama so laws do not apply. The loan contract needs to be fullfilled.






3/13/2009

City View Cash


lrhall41

Submitted by chrisandandreasmith on Wed, 03/18/2009 - 10:04

( Posts: 36 | Credits: )


LOL, what does that even mean? "Loan you took out was not in Alabama so laws do not apply"

Does that mean no laws apply? LMAO

They are fumbling over themselves as they just don't have any more canned responses.

You were in Alabama when you took the loan so the loan was indeed in Alabama.

The loan was made to an Alabama resident and to make a loan to an Alabama resident the company MUST be licensed in the state of Alabama which they are not.

And tell them jus that.

Geez are they thick or are they pretending to act stupid. LOL


lrhall41

Submitted by nohiogal on Wed, 03/18/2009 - 10:28

( Posts: 2582 | Credits: )


Just to clarify on what nohiogal stated...

The loan was made to an Alabama resident via the internet and to make a loan to an Alabama resident the company MUST be licensed in the state of Alabama which they are not.

If the borrower went across state lines to borrow from a storefront, the laws of the state that the storefront resides in would be in effect.

No biggie, but just wanted to clarify!


lrhall41

Submitted by PDLOwner on Wed, 03/18/2009 - 10:34

( Posts: 1049 | Credits: )


Check out the part highlighted...I figure since this is a game and they will not give me the info requested, I'm gonna just play.


City View Cash

After doing research regarding Internet payday loan laws in the State of AlabamaI 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 Alabama in general:


Ala. Code ?? 5-18A-1 et seq.

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 First State Bank and Woodforest to protect my interest in this matter, per instructions from The Alabama 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 Alabama to be a legal and binding contract, your company should NOT issue loans to Alabama residents at all. I am requesting that you send me your license number (this should not be a problem if you are licensed in my state) which enables you to offer loans to Alabama residents. To issue a loan in my state you should be licensed in Alabama. All Pay Day Loans have to be licensed in the state they issue loans to customers in. This loan was issued to an Alabama resident (me, incase you forgot) therefore has to follow the rules of the state.
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, however, this is only if you provide me with a physical address where I can send payments. I have verified that I owe $210.00 on the principal amount.

I must also inform you that I will be filing complaints with the Better Business Bureau, the Federal Trade Commission, and the Alabama 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. Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.


Sincerely,

Andrea Smith

CC:
Better Business Bureau
Alabama Attorney General
Federal Trade Commission


lrhall41

Submitted by chrisandandreasmith on Wed, 03/18/2009 - 11:37

( Posts: 36 | Credits: )


City View Cash is located on an Indian Reservation. There is a lot of conflicting information but basically they have no license BUT they claim they are not bound by those laws because they on a reservation

BUT, Being on a reservation they are not going to leave it to sue anyone.

The plain fact is they are not licensed in Alabama.


lrhall41

Submitted by nohiogal on Fri, 03/20/2009 - 09:18

( Posts: 2582 | Credits: )