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PDL hell- need help in NJ

Date: Tue, 03/31/2009 - 12:36

Submitted by abbybowls
on Tue, 03/31/2009 - 12:36

Posts: 36 Credits: [Donate]

Total Replies: 81


Is SJM Marketing illegal? I currently have 7 PDL loans and basing on my old bank account I have paid it off and more. I have tried to put a Hard ACH block on my account but my bank won't do it. They told me to contact them and have them stop it on their end. I have racked up over thousand dollar of NSF fees. Below is an email from SJM Marketing. I only had a $300 and now they are saying I owe $665. This is crazy. I need help.
Attached is my email from SJM Marketing:
Hi Abigail,

We do not accept payments by mail, but we can take payments by credit or debit card as long as the repayment plan is agreed upon in advance. Our processing company charges a $2 fee for each payment. Once the debit attempts from the 27th are returned to us from by your bank, you will have a total of $665 due in current and past due amounts. What sort of payment arrangement were you wanting to make?
Thanks,

John, SJM Marketing

1-866-722-2770, ext 124

[quote]
---- Original Message -----

From:

To:

Sent: Monday, March 30, 2009 2:21 PM

Subject: Re: Urgent Notice from SJM Marketing[/quote], LLC


John,


Since the account is closed the transactions are going to bounch back to your company. I do not have a banking account. I will need an address to mail apayment. I have already told you I do not have an account. Please send the address and stop the transaction. Once I receive an address you will receive a payment. I will like to settle this because obviously I have overpaid. I only had a $300 loan and I paid $540. I do not want to renew this.


Regards,

Abigail


--- On Mon, 3/30/09, Info <info@pdlsupport.com> wrote:

Quote:

From: Info
Subject: Re: Urgent Notice from SJM Marketing, LLC
To:
Date: Monday, March 30, 2009, 1:23 PM

Hi Abigail,
  


Your account is not considered paid, as I've already endeavored to explain to you. If we are not contacted to include a payment towards your balance, we are only authorized to debit the finance charge on your due dates. The finance charge does not apply towards your balance.


Thanks,

John, SJM Marketing

1-866-722-2770, ext 124

[quote]
----- Original Message -----

From:

To: [url=http://us.mc310.mail.yahoo.com/mc/compose?to=customerservice@platinumbservices.com]customerservice@platinumbservices.com[/quote]   [/url]

Sent: Monday, March 30, 2009 11:46 AM

Subject: Re: Urgent Notice from SJM Marketing, LLC


I have sent an email stating my bank is closed due to illegal transactions done my account. I have asked the bank before I closed the account to check the payments made to your vendor. I have paid $540 for a $300 loan. This is considered paid. I have paid what I borrowed and more. Any further communcation should be done thru email. No calls should not be made to my work, cell, or reference numbers. I have put a claim with the BBB and FTC and my old bank is aware of the transactions and they are investigated this.
--- On Tue, 3/24/09, [email]customerservice@platinumbservices.com[/email] wrote:
[quote]
From: [email]customerservice@platinumbservices.com[/email]
Subject: Urgent Notice from SJM Marketing, LLC
To: [email]ABBYBOWLS@YAHOO.COM[/email]
Date: Tuesday, March 24, 2009, 1:00 PM

SJM Marketing, LLC.
[/quote]  

URGENT: WE DID NOT RECEIVE YOUR PAYMENT
Please call us immediately at 866-722-2770 to make arrangements for payment.

Dear ,
We were not able to collect payment on your loan on the past due date of 03/13/2009. We realize there may be a misunderstanding. In case you are unsure, here is how our process works. When your loan with us comes due, you have the option of paying it back or renewing it. If you are paying back the loan we debit your bank account (which you authorized in the loan agreement) for the full outstanding balance of 160.00. Please contact us no later than three business days prior to any due date in order to pay off or pay down your loan balance. If you are renewing the loan, we debit your account for the service fee of 135.00. This will take place automatically if you do not contact us. It is your responsibility to make sure there is enough money in your account to pay what you owe.
Please call us immediately at 866-722-2770 to make arrangements for payment
.(By the way you can call that number any time if you have any questions or need a new loan). We will work with you to clear up any misunderstanding and look forward to continuing to serve you in the future. Remember you can also use email to reach us at [email]customerservice@platinumbservices.com[/email].
We are here for you; we just need to hear from you.
Sincerely,
Platinum B Services
866-722-2770
[email]customerservice@platinumbservices.com[/email]






Payday loans are prohibited in New Jersey, meaning they are illegal. Follow the sticky at the top of the forum on closing your bank account and how to deal with illegal lenders.?? Take a copy of your state laws to your bank as proof these loans are not legal so they will put a block on your account.


lrhall41

Submitted by kfstaff24 on Tue, 03/31/2009 - 12:42

( Posts: 1448 | Credits: )


I can not close my account because of the all the transactions those PDL's made I have over thousand dollars of NSF fees in two weeks. I am so stressed. My account was closed two weeks ago but then the bank reopened it because of those ACH transactions. I have plended with them to put a block and they won't. I don't know what to do know.


lrhall41

Submitted by abbybowls on Tue, 03/31/2009 - 13:22

( Posts: 36 | Credits: )


[url=http://www.debtconsolidationcare.com/abbybowls/index.html]abbybowls[/url], also complain to the OCC, http://www.occ.treas.gov/, States banking division and anyone else you can think of. Just don't take no for an answer.
also have you gone into a branch and talked to the branch manager or are you?? just dealing with customer no service at this point?


lrhall41

Submitted by beli2005 on Tue, 03/31/2009 - 13:29

( Posts: 882 | Credits: )


Take a look at this response from this PDL company. Is he correct?



Hi Abigail,



We do not accept payments by mail. We did at one point, but stopped doing so because less than 10% of the people who said they were going to mail payments actually did so. As I have already stated, per??the terms of your loan, you will owe $665 in current and past due amounts once the March 27th debits are rejected by your bank and??the laws of the state of New Jersey do not apply to your loan.

Thanks,

John, SJM Marketing

1-866-722-2770, ext 124


lrhall41

Submitted by abbybowls on Tue, 03/31/2009 - 13:37

( Posts: 36 | Credits: )


Abby,?? Call ahead of time, and see who the branch manager is to whichever branch you decide to go to, if you don't know who it is. Then,go into a branch tomorrow(or today if there is still time)and ask for a Branch manager specifiically by name. If the Rep or who ever asks "May I help you" Tell them that your situation requires a branch manager. Print the NJ Statue, hand it to the branch manager.?? Explain your situtation, that you revoked the illegal payday lenders authorization and you demand a resultion to this matter, and you are not leaving until something is done.
I'm assuming that you revoked??all payday lenders authorization??and gave a copy to BOFA? This is a federal law called Electronic fund transfer act. If BOFA is failing to follow this, they can face possible fines from the state, not to mention lawsuit.
And just keep reminding them(Collection agency)??that they are illegal in NJ in fact file complaints with the NJ DFI against them.. They'll be happy to.
And if the branch manager still says they can't do a damn thing file complaints with everyone listed above.


lrhall41

Submitted by beli2005 on Tue, 03/31/2009 - 13:48

( Posts: 882 | Credits: )


I have told each PDL thru email to stop the electronic transactins and they haven't. That is why I asked the bank to put a block on my account. I also told them that the companies listed on my account were illegal and they did not do anything. I have been told several times to contact the companies and there is nothing on our end to do. They told me they do not consider this fraud also. I have also asked for a hard ACH block and I was also denied. I do not know what to do.


lrhall41

Submitted by abbybowls on Tue, 03/31/2009 - 14:05

( Posts: 36 | Credits: )


Okay here is the info,
Go straight to the top. From the posts were I found this said the 704 number was the one to use and they got the most success.
The CEO of Bank of America???s address is:
Mr. Kenneth D. Lewis
100 N. Tryon Street.
Mail Code NC-1-007-18-01
Charlotte, NC 28255
In the letter to the CEO, all you have to do is to state the reason why you have so many over draft fees and tell him that as a loyal BOA???s customer, you hope he can help you!
And there are other methods to reach BOA???s executive customer relations.
Executive Customer Relations general line: 704-386-5687
Nancy M. Condos
VP/ Customer Advocate
Executive Customer Relations
Office of the Chairman
[EMAIL="nancy.m.condos@bankofamerica.com"]nancy.m.condos@bankofamerica.com[/EMAIL]
Martha Dominguez, Executive Customer Relations Specalist: 714-792-4264
Corporate Headquarters (Bank of America):
Bank of America Corporate Center
100 North Tryon Street
Charlotte, North Carolina 28255
There is no reason for this crap and if enough people complain maybe something will be done.


lrhall41

Submitted by nohiogal on Tue, 03/31/2009 - 14:48

( Posts: 2582 | Credits: )


I would also add to the letter that?? failure to follow the Electronic funds transfer act may result in you consulting legal counsil if the matter isn't resolved. In the mean time, it wouldn't also hurt to file complaints with the Occ, your state banking regulators, Federal reserve and anyone else you can think of.


lrhall41

Submitted by beli2005 on Tue, 03/31/2009 - 15:05

( Posts: 882 | Credits: )


File complaints with OCC Against Bofa (I gave you the link earlier in this thread or another one you had posted) and federal Reserve as well as your states Department of Banking. http://www.state.nj.us/dobi/consumer.htm??in the mean time, talk to a consumer law attorney.
Here's what NJ Banking division told me.. Since Bofa is a national bank, you have to call OCC even though payday loans are illegal in the state of NJ.?? They gave me #1-800-613-6743. They said it doesn't matter since Bofa is a national bank.. that the OCC will handle it.
Whatever you do DON'T give up.?? Don't take no for an answer.??Banks usually pay attention to the OCC.?? It took me 6-9 months to straighten out my mess with the Credit union. No one would budge. Finally someone pointed me to the Electronic funds transfers act (Which, is what I mentioned above).. they finally played nice.. at that time I was about to have a lawyer go after them.. but didn't need to. They dropped my OD fees from around 1500 (which was what was reported to Chexsystems to 212) which was the correct amount. No one in my state division would do anything until I contacted the States AG with a request to fine/charge my credit union for failure to abide by the eletornic funds transfers act. Then everyone decided to play nice with me.


lrhall41

Submitted by beli2005 on Wed, 04/01/2009 - 06:48

( Posts: 882 | Credits: )


I have put a complaint with OCC and I have called the number you have provided. I have going to try one more time at the bank. I will show the print out for Payday loans in New Jersey and the electonic transfer act. If they still stay they can not do anything I will tell U have put a complaint with the OCC. I hope this will work out.


lrhall41

Submitted by abbybowls on Wed, 04/01/2009 - 07:57

( Posts: 36 | Credits: )


A little more information. This was from a post in January.
Quote:

You need to contact the ACH Dispute Department at BOA. There is no charge because you are not putting on a stop pay, you are claiming fraud and asking them to investigate. You will be required to fill out an affidavit stating what happened and how much you feel you were improperly debited. This process took about 2 weeks for me and my overpayment was returned to my account.


lrhall41

Submitted by nohiogal on Wed, 04/01/2009 - 08:40

( Posts: 2582 | Credits: )


I have been in contact with the ACH Dispute Department at BOA. There was one charge that went thru and they sent an affidavit for that charge they told me I am l Liable to pay for all those NSF overdraft fees. I set the paperwork for that charge about 3 weeks and that charge is still showing up on my account.


lrhall41

Submitted by abbybowls on Wed, 04/01/2009 - 09:24

( Posts: 36 | Credits: )


So did you revoke ACH transaction with this lender before the charge went through??on your account? If so did you fill out a affidavit to revoke any future transactions from the lender at your bank, before the charge came through?

Reason I ask is because if you did not put a ACH block against the lender before you were charged the bank will fight it till the end. However, if you never pre authorized the lender to debit an unagreed amount then you should get all your money back??and fees waived. BOA has a reputation for being very difficult to work with.


lrhall41

Submitted by Cool_Abyss on Wed, 04/01/2009 - 09:56

( Posts: 2936 | Credits: )


Unfortunately with BofA you cannot be honest and that is so sad.?? When I first came to this site I read?? many posts about going to your bank and speaking to a manager and just explain the situation but then I realized I was dealing with BofA and I knew none of the advice given would work with them so I went another route and I am so glad I did.?? BofA is the worst bank I have ever dealt with.??


lrhall41

Submitted by kfstaff24 on Wed, 04/01/2009 - 11:28

( Posts: 1448 | Credits: )


BOA put blocks on the amounts they submitted in the past but the companies submitted different amounts. So I am always calling or going into the bank to put a block on the new amounts but they said the only thing they can do is block amounts that come in. They said they can??not block the company itself which I thought did not make sense. Is that true? I am so annoyed with BOA.


lrhall41

Submitted by on Wed, 04/01/2009 - 12:35

( Posts: | Credits: )


I think I may have to go the route that my checks were stolen....this is so sad. I just came back from the bank and I still get the same answer they can't do anything. I think I average of 2 trips a week to the bank and a lot of hours over the phone. I am getting nowhere with BOA. I have been a customers for such a long time.


lrhall41

Submitted by on Wed, 04/01/2009 - 12:39

( Posts: | Credits: )


No, they can.. have you tried a different branch? When BOFA blocked them the first time, did you revoke their authorizations then? If you did.. BOFA is seriously violating the law.
I'd let OCC know that you tired yet again with both the NJ regs and Electronic funds transfers act in hand and they still refused to do anything.


lrhall41

Submitted by beli2005 on Wed, 04/01/2009 - 12:47

( Posts: 882 | Credits: )


I have asked BOA to block future payments from the companies but they said they can't block all transactions from the companies. They said they only can block the amounts they have seen in my bank account which they put a stop on??but not any new amounts submitted. So now those companies are submitting new amounts to my account. That does not make any sense. I have asked from putting a block on my account to putting a hard ACH hold or any??block on my account and I have be denied all my request as a Customer. I have told them numerous times that those companies are illegal in NJ and I told them I did not authorize those charges and they told me I can't block any companies but only the dollar amounts submitted. I have filed a complaint with OCC today.


lrhall41

Submitted by abbybowls on Wed, 04/01/2009 - 12:55

( Posts: 36 | Credits: )


I have sent emails to them to stop the transactions but they continue to do it. I have received emails that they can do whatever they want and they??will continue to submit it. I have told them I have paid them off and more and they continue to increase the loan amounts. For instance I had a loan with Biggest Cash for the amount of $200. I have paid them $565 and they are saying I owe $600.


lrhall41

Submitted by abbybowls on Wed, 04/01/2009 - 13:10

( Posts: 36 | Credits: )


They are allowing??ILLEGAL companies to commit fraud on their customers and they won't do a dang thing about it.
??
They probably feel bad for the illegals. BoA does so much illegal stuff with peoples account, like hold back deposits for days so debits will bounce and they can charge a NSF fee, ??that they don't care.
??
They are like in a??brotherhood with the illegal PDLs.


lrhall41

Submitted by nohiogal on Wed, 04/01/2009 - 13:39

( Posts: 2582 | Credits: )


I have went up the ladder of BOA. I am so stressed but I can not let it affect my life. I am trying to stay calm but it's hard. I have the companies calling me left and right and I told them it's illegal in New Jersey and I have paid what I owned and more. They keep on saying I still??owe them. One of the loans I had was only for $100 and they are saying I owe they $450. I have already paid them $325. I am getting nowhere with any business. I don't know what to do.


lrhall41

Submitted by abbybowls on Wed, 04/01/2009 - 13:50

( Posts: 36 | Credits: )


Okay here's what you need to do.
First and formost ingore the calls from the illegal pdl's. Every time you answer the phone encurages them to keep calling. If they call at work simply ingore it and let it go to vm (if you can) same thing at home..
2nd file formal complaints against the pdl's with your states DFI (Against the pdls we already know DFI won't go after Bofa since I called them earlier). Let DFI know that they are?? harrassing you at work/home/cell etc. Let them konw who they are/their contact info/how much you borrowed and what you paid.
3. Let Occ know what's going on with Bofa (give them an update as of today, give OCC all the info you have emails to PDL's etc)OCC usually acts pretty quickly in these types of matters, usually within a couple weeks.
If the BOFA still doesn't listen ot OCC (by reversing charges/closing account) higher a Consumer law attorney. Hell I'd do it now while waiting to hear back.. but that's just me. and from what a consumer law attorney told me you have a year to file lawsuit against BOFA for violations..


lrhall41

Submitted by beli2005 on Wed, 04/01/2009 - 16:18

( Posts: 882 | Credits: )