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Eastside Lenders

Date: Thu, 09/03/2009 - 15:19

Submitted by wchambe641
on Thu, 09/03/2009 - 15:19

Posts: 129 Credits: [Donate]

Total Replies: 53


Last year I took out a PDL with Eastside Lenders (ESL) for $300. Due to some medical issues I defaulted on the loan. The website for ESL states I owe $415 and the account went to collections. Now, a rep from Smith, Haynes and Watson, LLC smithhyanes.com called me and states I owe $705. When I asked them why is it so high, it was due to late fees, processing etc. I told them I understand the $415 fee but not $705. So here is what I did, I began a payment plan of $75 a month until the debt is paid but I did not give them my checking information, I gave them my debit card info. The reason I did this is, it is easier for the bank to place a holdon the card versus the checking account. Additonally, cancelling the card won't crewate any issue with any pending checks.

So here is the question, should I stop paying ESL once I reached $415, because that is what their website indicates I owe.


Quote:

So here is the question, should I stop paying ESL once I reached $415


I guess you are now making payments to the collection agency and not ESL directly.

You should have asked the collection agency to validate the debt before sending any payment. The collection agency is responsible for producing document against their claim. They were required to disclose how they have come up with the amount of $750. But since you have agreed to pay, it means that you've also agreed upon the loan.


lrhall41

Submitted by SC on Fri, 09/04/2009 - 00:10

( Posts: 3937 | Credits: )


i would place that hold NOW!!!!!!!!!eastside lenders is an illegal internet pdl,and smith hays and watson is a bottomfeeder collector.a couple of questions.

how much did you borrow from eastside?
how much was debited beforedefault?
what state are you in?


one rule of thumb is never agree to anything over the phone.get it in writing.SC valdation won't work with this bottomfeeder because they won't provide an address.answer my questions please.you don't even owe 415.00.even if nothing was debited.you only owe the original 300.00.that is it.cancel the debit card,and file AG complaints against both eastside,and smith hayes and watson.


lrhall41

Submitted by paulmergel on Fri, 09/04/2009 - 06:12

( Posts: 15514 | Credits: )


Paul, the loan was for $300 plus $90 for interest. Also, I am in the state of Ohio. The reason I began making payments is because I just wanted to get them off of my back until I can figure something out. I gave them my debit card versus my checking account information. Cancelling a debt card is much easier that closing an account.


lrhall41

Submitted by wchambe641 on Sun, 09/06/2009 - 04:53

( Posts: 129 | Credits: )


Also, regarding what I have been reading on the internet, when I called Smith & Haynes, the receptionist answered the phone something like, "so and so payday lending". When I asked her if I had the right number because I was calling a lawfirm, she stated we do both, loan and collect money. Interesting....


lrhall41

Submitted by wchambe641 on Sun, 09/06/2009 - 05:01

( Posts: 129 | Credits: )


smith hayes and watson are bottomfeeders.please answer my questions.the loan was illegal.therefore you onlyowe the 300.00.even if they only took one 90.00 debit you owe 210.00.that is it.my rule of thumb is nothing in writing no payment.this supposed law offce is nothing of the knid.they can't and won't do anything but threaten.cancel the card and get a new one asap.then if you do owe.pay it o your terms.not their's.


lrhall41

Submitted by paulmergel on Sun, 09/06/2009 - 14:09

( Posts: 15514 | Credits: )


how much did you borrow from eastside? $300
how much was debited beforedefault? $90
what state are you in? Ohio

I will take your advice, thank god I only gave them card information versus checking account info. I am going to call the bank and cancel the card. Also, it's odd that for personal security reasons they do respond to emails, yet all of the calls are recorded. I told them I prefer emails so I have written proof of our "aggreement".


lrhall41

Submitted by wchambe641 on Sun, 09/06/2009 - 15:43

( Posts: 129 | Credits: )


Quote:

Originally Posted by wchambe641
how much did you borrow from eastside? $300
how much was debited beforedefault? $90
what state are you in? Ohio

I will take your advice, thank god I only gave them card information versus checking account info. I am going to call the bank and cancel the card. Also, it's odd that for personal security reasons they do respond to emails, yet all of the calls are recorded. I told them I prefer emails so I have written proof of our "aggreement".


It really isn't odd because they are nothing more than criminals. If you have paid the principal amount of that loan, I would tell them to shove it!


lrhall41

Submitted by Shazzers on Sun, 09/06/2009 - 16:00

( Posts: 17344 | Credits: )


you owe 210.00 then.tell smith hayes and watson that either they give you an address to pay,or they don't get the 210.00.repeat.you don't owe 700.00 plus.you don't even owe 415.00.you owe 210.00.if you gave that to this bottomfeeder.then you owe nothing more.how many 75.00 debits did the bottomfeeder get?


lrhall41

Submitted by paulmergel on Mon, 09/07/2009 - 15:48

( Posts: 15514 | Credits: )


Below is a settlement offer from Eastside Lenders/Smith and Watson for a $300 loan, and please understand I have already paid $165 on the loan (one extension fee and $75 toward the principal)

[FONT=Arial][SIZE=2][COLOR=navy][COLOR=navy]"Here is what I know ??? Before coming to our office you paid 3 payments of $90 ??? You have 2 $90 charges that have came to our office, plus the principal balance of $415.[/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=navy][COLOR=navy][FONT=Arial][/FONT][/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=navy][COLOR=navy]There is also a fee when an account is sent to collections and in this case it???s a 33% of the balance sent to our office so your original balance in our office for $705 breaks down like this[/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=navy][COLOR=navy][FONT=Arial][/FONT][/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=navy][COLOR=navy]Principal $415.00[/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=navy][COLOR=navy]Extension fees 2 @ $90 [/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=navy][COLOR=navy]NSF fees 2 @ 25.[/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=navy][COLOR=navy]Collection fees $60[/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=navy][COLOR=navy][FONT=Arial][/FONT][/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=navy][COLOR=navy]I would like to offer you a settlement on your account for just the $415, and the 2 extension fees of $90."[/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=navy][COLOR=navy][FONT=Arial][/FONT][/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=navy][COLOR=navy]Are they kidding me. [/COLOR][/COLOR][/SIZE][/FONT]


lrhall41

Submitted by wchambe641 on Fri, 09/11/2009 - 10:58

( Posts: 129 | Credits: )


In reviewing bank bank statement I discovered the Smith haynes is not offering me a good deal. From their email I would settle this matter by paying $505. Taking her offer, adding up and add the money I have already paid $240. $240 plus there offer means I would have paid a total of $745, what a rip off.

Also, with regard to the Ohio AG. I sent them a request for help and summary of what my complaint. I asked them in which state should I file a complaint, the state of the business or the state of the customer. In reading a email from the Ohio Deprtment of Commerce, state jusridictions are a real problem because very often the business is in a different state than the customer, so where did the "crime" take place.


lrhall41

Submitted by wchambe641 on Fri, 09/11/2009 - 22:55

( Posts: 129 | Credits: )


Here is a portion of the email I sent to the BBB and Smith and Hyanes regarding the settlement they offered. They are doing me no favors:

Here are the figures I come up with.

one extension: $90
two payments: $75x2= 150
(paid for already)

Your settlement offer: $445

Total payments: $685 for a $300 loan, that only $30 less than the original $705 I owe


lrhall41

Submitted by wchambe641 on Sat, 09/12/2009 - 08:19

( Posts: 129 | Credits: )


Quote:

Originally Posted by wchambe641
In reviewing bank bank statement I discovered the Smith haynes is not offering me a good deal. From their email I would settle this matter by paying $505. Taking her offer, adding up and add the money I have already paid $240. $240 plus there offer means I would have paid a total of $745, what a rip off.

Also, with regard to the Ohio AG. I sent them a request for help and summary of what my complaint. I asked them in which state should I file a complaint, the state of the business or the state of the customer. In reading a email from the Ohio Deprtment of Commerce, state jusridictions are a real problem because very often the business is in a different state than the customer, so where did the "crime" take place.


It makes sense to me to file a complaint where the business is located, that's what I would do.


lrhall41

Submitted by Shazzers on Sat, 09/12/2009 - 08:29

( Posts: 17344 | Credits: )


If you don't want to give checking info ect. How do you pay them than? I would have sent a check to them. I would not have given a debit card. How should you pay the principal balance?


lrhall41

Submitted by MB1 on Sat, 09/12/2009 - 18:16

( Posts: 11 | Credits: )


Quote:

Originally Posted by MB1
If you don't want to give checking info ect. How do you pay them than? I would have sent a check to them. I would not have given a debit card. How should you pay the principal balance?


Yes, principal balance, whatever you originally borrowed minus whatever payments you have already made, so, if you borrowed $300.00 and have paid $250.00 all you would owe them is $50.00. I would send them a money order via the mail, certified return receipt requested. You'll probably need to email these lenders and ask them for a valid address to mail payments, if they refuse then I would simply reply; no address means no payments.


lrhall41

Submitted by Shazzers on Sat, 09/12/2009 - 18:56

( Posts: 17344 | Credits: )


MB1:
Once you send them a check and they are an illegal company they then can access your account and do ACH for any value. Regarding the debit card, my bank stated it is easier to payoff PDL because on a debit card,at least at my back I can place restrictions on how much can be withdrawan without my approval. Also, if I see an anauthorized withdrawal can cancel the card 24hrs a day by just calling a number. To close a checking accouny usually requires a trip to the bank.


lrhall41

Submitted by wchambe641 on Sat, 09/12/2009 - 21:12

( Posts: 129 | Credits: )


Please be advised I contacted the Ohio AG and recieved a small case file about Eastside Lenders. The file contacted a few AG complaints against ESL and on page 6 of the document the AG's office states that internet payday loan in Ohio are illegal. Upon further reading, it states that in the event a comsumer defaults on the loan, the only obligation the bowwer has is to repay the principle not all of the fees.
I you need a copy of the 14 page document which specifically talks about ESL, let me know and I will email to you. Also, I sent a copy to ESL and Smith Haynes.


lrhall41

Submitted by wchambe641 on Fri, 09/25/2009 - 15:19

( Posts: 129 | Credits: )


Below is the Ohio code that deals with "out of state" lenders:

1321.36 Short term lender license required - out-of-state transactions.

(A) No person shall engage in the business of making short-term loans to a borrower in Ohio, or, in whole or in part, make, offer, or broker a loan, or assist a borrower in Ohio to obtain such a loan, without first having obtained a license from the superintendent of financial institutions under sections 1321.35 to 1321.48 of the Revised Code. No licensee shall make, offer, or broker a loan, or assist a borrower to obtain such a loan, when the borrower is not physically present in the licensee’s business location.
(B) No person not located in Ohio shall make a short-term loan to a borrower in Ohio from an office not located in Ohio. Nothing in this section prohibits a business not located or licensed in Ohio from lending funds to Ohio borrowers who physically visit the out-of-state office of the business and obtain the disbursement of loan funds at that location. No person shall make, offer, or broker a loan, or assist a borrower to obtain a loan, via the telephone, mail, or internet.
Effective Date: 2008 HB545 09-01-2008


lrhall41

Submitted by wchambe641 on Sat, 09/26/2009 - 11:54

( Posts: 129 | Credits: )


I sent ESL and Smith Haynes a pdf. copy of the AG's 14 page file and a copy of the code. The only thing I am liable for is the money I borrowed, no fees. $705 down to $300, what a deal. I have sent them $225 so far and I will send them another $75 next payday. At the payment has posted I am going to tell them to stop taking my money and them I will have the bank stop all ESL and Smith Haynes attempted ACH.


lrhall41

Submitted by wchambe641 on Sat, 09/26/2009 - 14:12

( Posts: 129 | Credits: )


below is the verbage a debtor used against Eastside Lenders regarding ACHs:

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 personal bank account to protect my interest in this matter, per instructions from The Ohio 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 Ohio to be a legal and binding contract, your company should NOT issue loans to Ohio residents at all. I am requesting that you send me your license number
which enables you to offer loans to Ohio residents.


lrhall41

Submitted by wchambe641 on Sat, 09/26/2009 - 15:33

( Posts: 129 | Credits: )


Below is what I sent to ESL and Smith Barnes


Ref: SSN 4331

To whom it may concern. Please provide me with all of the payments I have made for this loan. If I recall, I paid only one $90 extension and 3 $75 payments for a total of $315. Since the State of Ohio's AG advised me that this Deleware based interent loan is illegal in Ohio, I am only to pay back the principal and NFS fees. The OH AG beleives my balance to be $350. Since I have aready paid $315, my remaining balance I owe you is $35.

Wayne
"Carpe Diem"


lrhall41

Submitted by wchambe641 on Wed, 09/30/2009 - 16:42

( Posts: 129 | Credits: )


Here is what I did with Eastside Lenders. My loan was for $300, I sent them the information that the Ohio AG has on them along with a copy of the Ohio law saying out of state internet PDL are illegal. I told them I am going to pay the principle and two NFS fees for a total of $350. I extended the loan once, $90, have paid Smith Haynes $225 which means I have paid $315 thus far. ESL and Smith Haynes were debiting my check/atm card for the loan, I went to the bank and had the card cancelled. Addtionally, my bank has a"bill pay" service whereby you pay your bills on line and the bank sends your merchant a check on your behalf. So I sent ESL a bank check for $35 and thats it. The good thing is 1) I'll know when when they cashed the check and 2) by using a bank check, ESL/SH will have no way to access my checking account since it is the banks info in the check.


lrhall41

Submitted by wchambe641 on Fri, 10/02/2009 - 06:43

( Posts: 129 | Credits: )


I use Huntington Bank and when I request a "paybill" check, the money is immediately taken from my account to cover the check. Now if ESL decides not to cash the check and/or return the check, I am still "out" that money because it was debited from my account. I am not sure how "reversing or cancelling" a check works. So what I did is I sent them a $15 bank check to see what they will do with it. If they decide to not cash it, shred it or throw it away I am only out $15. I hope I'm making sense!!


lrhall41

Submitted by wchambe641 on Fri, 10/02/2009 - 12:57

( Posts: 129 | Credits: )


Another reason I like using my bank "pay bill" service, is for tracking purposes. What I mean to say it, how many times has a collector not believed you when you said the check is in the mail? By using the pay bill service, I can track the check and print it for the collector/PDL company. I can track when the check was drafted and when it was mailed. Now if the collectors do not believe a banks information, they are idiots.


lrhall41

Submitted by wchambe641 on Sun, 10/04/2009 - 12:55

( Posts: 129 | Credits: )


Good news, after months of fighting, Eastside Lenders and Smith Haynes, accepted my settlement offer of $350 (principle and two NSF fees). ESL was trying to say I owe $705 due to late fees, NFSs, principle, penalties and ETC. I got the Ohio AG involved and the Delaware BBB. The BBB sent them a complaint letter and ESL responded and said they accepted the $350. That said, the system works. If you are in need of the Delaware BBB here's the info:
BBB of Delaware (Wilmington, DE)
60 Reads Way
New Castle, DE 19720
[URL="http://www.delaware.bbb.org"]www.delaware.bbb.org[/URL]
Sorry for the font, I copied this from their website


lrhall41

Submitted by wchambe641 on Thu, 10/08/2009 - 13:52

( Posts: 129 | Credits: )


I am not sure what ESL is going but my bank has sent them two bank checks in the last month. When cashed, my account will be PIF. Esl has been sitting on the checks for three weeks and they are not telling me why they have not been cashed. Luckily, in talking with my bank, if the checks are not paid within 6 months, the bank will cancel them and refund my money. I used my banks "pay bill" service so I have the bank behind me if ESL claims I never tried to pay the balance.


lrhall41

Submitted by wchambe641 on Wed, 10/28/2009 - 16:07

( Posts: 129 | Credits: )