PDL for Florida

a ipdl must be licensed in florida to lend.it looks like all of yours are not licensed,so they are illegal.if you could come up with the following.

how much was debited total by each until now

keep in mind that anything debited goes toward the loan.
there is a sticky titled DEALING WITH ILLEGAL LENDERS at the top of this forum.it will guide you every step of the way.we are here to answer any questions.

Just keep in mind there are lenders in FL acting as CSO's (Credit Service Organizations), in that case they would not have to abide by the payday lender laws and are usually perfectly legal in what they charge.

Shazzers,

How would I know if they are? I am trying to get all the information you requested put together paul. Alot by the accounts of my statement to sort thru but I will try and post them in a min or two.

i didn't see any of those as CSO'S.in fact three are MTE d/b/a's.

Quote:

[LEFT]discount advances

Original Loan Amount
340.00
Deposited to you Account
340.00
Fees and Finance Charges Paid
684.92
Next Balance Due (Pending)
0.00[/LEFT]


I have a new loan with them for

Original Loan Amount500.00Deposited to you Account500.00Fees and Finance Charges Paid102.50Next Balance Due (Pending)662.50
I have yet to pay any of the principal on this loan

500 Fastcash

Original Loan Amount400.00Deposited to you Account400.00Fees and Finance Charges Paid360.00Next Balance Due (Pending)520.00

I will post the rest of these later this afternoon I have to go on an errand and also to speak with my bank. Thanks again for your help RM

wait.i need to know how much was debited.you will have to look at your bank history online,or go through your paper statements.that will tell the story of how much you owe on these.

Huh? LOL .. I am missing something here. Do you mean the original amount taken out or the amount I have paid in .. ? Sorry not feeling too bright today I have the Flu :( or a really bad cold anyways. I mentioned how much I still owe on my very first post, I think ...

take your time,and don't push it my friend.what i mean is that anything debited by the pdl goes toward the loan.for example:

you stated that united cash loans you borrowed 500.00 with a 120.00 rollover.
now let's say they took two 120.00 debits. you only owe united 260.00.

that is why i need for you to go over your bank statements and find out what if anything these places debited.you might be suprised by what you really owe.

OHHHH ok lol sorry told u I was kind of dull today .. I am actually heading down to speak with the Bank in about half an hour. I am going to put a hard block and speak with the bank manager. I have a payroll check going in my account in three days and don't want all of it gone before I can do anything about it.

My printer is not working and I need to print out all my statements for the past two months to see what is what. I might just have the bank print them there so I can take care of it. Thank you all so much for the help you have given so far.. I am also working on getting all my Ach processors numbers.

*** paul I will get that info to you as soon as I get back from the bank. I know I can't do this all in one day but I feel so much better at least doing something then worrying about how not to make my bank go negative and how I'm going to pay rent. - RM

the bank putting the block should help.they should be able to set up a different account that's not linked to your old one.just rest up get well,and we'll help you here.you have taken a big step to getting these places out of your life for good!

I do have one other question .. well I am sure I will have plenty more in the time to come but one that is weighing on my mind at the moment. What about wage garnishments? Can they go after me at my work for these?

I went to talk with my bank today and to my dismay they changed there hours and closed an hour earlier now. That sucked now I have to wait until tomorrow. I don't really care for the bank I am with anyways. (sun trust) they have a "Big" bank feel and "big bank" attitude when it comes to helping fix problems. I am used to a credit union now they were GREAT with anything I needed. Anyways I will have the rest of the info for you tomorrow (debits paid) in the meantime if anyone has an anwser I would appreciate it. (my GF is really worried about it)

I actually found a bank that is a little closer to my home and I really like them .. I explained everything with them and they said they would be more then happy to open an account for me there and they have a service that they call you if there are any supicious looking debits and if you might go negative if something post .. I LOVE IT.. No more NFS because of them. Not only that but I will not be giving out ANY info for my accounts ever again .. I am going to get pre paid cards if needed lol ... I will keep my other account on deposit only and open the new account at a new bank =)

The only way they can garnish your wages is by going to court and getting a judgment against you. That will never happen because MTE is an unlicensed lender. They can however try for a wage assignment, but, all you would need to do (just in case you signed for one) is write a letter and revoke their rights to any and all wage assignments you may have signed, send it via email, print out the email and give it to your employer.

Thanks again Shazzers .. I see I am not the only night owl around here :P I have started preparing for the war to come. I already started listing my loans and how much I have payed and what is left .. have a good night and thanks again

My location is mountain time, you're 2 hrs ahead of me.

OK, so I went to the bank yesterday and spoke with one of there financial service reps .. TRIED to get to bank manager but she was "busy" and I and snuck away from work so didn't have a lot of time to wait.

I layed everything out on too the rep, explaining that I am revoking the ACH's on all the PDL's. This woman was great explained some options available. Wanted to open a new account and I explained that I had direct deposits going in the next two days and couldn't stop them and needed them to go in and not get returned. So she put the hard debit on the account and assured me that no fees will be assessed to me for anything returned and that the one gas purchase that was still "pending" and had been pending for the past four days would still go thru (which is why I waited so long to goto the bank)

Now this morning I get up and I can't see my online statement.. it tells me the service is unavailable and try again later... anyone elso have this problem right away? I. m calling the bank here in a min to find out whats going on. I have never been not able to see my statement .. Cross your fingers that they didn't screw something up. I promised the landlord rent finally...

Small Update: When I put a hard debit on my account at Suntrust it also means I am not able to get money from them even by walking into the bank =( lol, it was a long weekend. But, it will be worth it in the end. I just rearranged paying bills until monday.

The Bank finance Rep that I have been dealing with and is helping me with this has been GREAT. She was not judgmental in anyway, She was compassionate and had some great advice and ways to help. She also offered to contact these companies as a Rep from the bank to attempt to get them to repay some of the money they withdrew.

I went to the bank today and opened a NEW account with them to move my money into from the old one. The Rep stated that absolutely nothing will get thru and there will be no charge backs to me or NSF charges.

I also have opened another account at a different bank to have my direct deposit go into. I am going to keep my other account and use it as a savings account. I just am really worried about them forcing one through and do not want to take any chances. I might be over reacting a little but better safe then sorry.

If you all would be as so kind to take a look at my letter I have put together to send to the PDL's tomorrow. I just want to make sure it is right before I send it. Thank you so much for all your advice, support and help. It has been and is very much [COLOR=black]appreciated.[/COLOR]
[COLOR=black][FONT=Verdana][/FONT][/COLOR]

[COLOR=black]Date: [/COLOR]

Name Of PDL

Your Name
City, State
Account #


After doing research regarding Internet payday loan laws in the State of Florida, 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 [COLOR=black]Florida[/COLOR][COLOR=black] in general and this is ONLY if the payday loan company has a store front in the State of [/COLOR][COLOR=black]Florida[/COLOR][COLOR=black]: [/COLOR]


[COLOR=#333333]Loan Specifications[/COLOR]
[COLOR=#333333]Maximum Amount of Loan - $500[/COLOR]
[COLOR=#333333]Term of Loan - 7 to 31 days[/COLOR]
[COLOR=#333333]Maximum Rate of Finance and Fees- 10% + Fees for verification[/COLOR]
[COLOR=#333333]Finance Charge on $100 loan for a 14 day period - $15[/COLOR]
[COLOR=#333333]APR for $100 loan for a 14 day period - 390%[/COLOR]

[COLOR=#333333]Debt Limits[/COLOR]
[COLOR=#333333]Maximum Number of outstanding loans permitted at a time ??? 1[/COLOR]
[COLOR=#333333]Permissible number of Rollovers - None (Rollover cannot be done)[/COLOR]
[COLOR=#333333]Cooling-off Period - 24 hours[/COLOR]
[COLOR=#333333]Repayment Plan - Yes[/COLOR]

Limits of Collection
[COLOR=#333333]Collection Fees Amount - a) All charges imposed by any financial institution on the lender; b) Lender is not entitled to increase damages threefold[/COLOR]
[COLOR=#333333]Criminal Action - Prohibited[/COLOR]


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 SunTrust Bank to protect my interest in this matter, per instructions from The Florida 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.

[COLOR=black]Electronic Funds Transfer Act[/COLOR]

907. Preauthorized transfers

(a) A preauthorized electronic fund transfer from a consumer's account may be authorized by the consumer only in writing, and a copy of such authorization shall be provided to the consumer when made. A consumer may stop payment of a preauthorized electronic fund transfer by notifying the financial institution orally or in writing at any time up to three business days preceding the scheduled date of such transfer. The financial institution may require written confirmation to be provided to it within fourteen days of an oral notification if, when the oral notification is made, the consumer is advised of such requirement and the address to which such confirmation should be sent.
(b) In the case of preauthorized transfers from a consumer's account to the same person which may vary in amount, the financial institution or designated payee shall, prior to each transfer, provide reasonable advance notice to the consumer, in accordance with regulations of the Board, of the amount to be transferred and the scheduled date of the transfer.

[FONT=Verdana][COLOR=black][Codified to 15 U.S.C. 1693e] [/COLOR][/FONT]

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 [COLOR=black]Florida[/COLOR][COLOR=black] to be a legal and binding contract, your company should NOT issue loans to [/COLOR][COLOR=black]Florida[/COLOR][COLOR=black] residents at all. I am requesting that you send me your license number which enables you to offer loans to [/COLOR][COLOR=black]Florida[/COLOR][COLOR=black] residents.[/COLOR]

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 [COLOR=black]U.S.[/COLOR][COLOR=black] 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. [/COLOR]

[COLOR=black]I must also inform you that I will be filing complaints with the Better Business Bureau, the Federal Trade Commission, and the Florida Attorney General's Office. [/COLOR]

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,

Your Name
CC:
Better Business Bureau
Florida Attorney General
Federal Trade Commission

Well I used this letter and sent it out via email to Flah Loans. ( I am still working on getting the rest of the companys info and email addresses together.) I sent it around 3:00 before I left for work I was planning on also sending out Registered Hard copy letters this week.

They sent me back a response with in two hours. Of course I was at work and didn't see it until just five mins ago...

By my calculations I had already over payed them by about $150 and they still wanted to collect another $420. Well they sent me the response saying that my account had been marked PAYED IN FULL =) and that I may see a refund of my over payment pending aproval from there management. WOW, what a quick response and I was just getting ready to dig the trenches and prepare for a long drawn out war. I know it is way too early to celebrate but I had to tell someone and everyone here is sleeping but me ... =) I am so happy for the small victory. Now, I just need to get the rest that have been taking money from my accounts for the past three months to do the same. There is Only two that I can tell from looking at the bank statements that I have to make arrangements to finish paying off the principle with. I will be getting the rest of the information together and post what I can.

Paul or Shazzers or anyone else that might know,

Does anyone know the information for Big Sky Cash also known as Payday Financial, LLC ?? I was not able to find any information on them. Thanks, RM
[FONT=Arial][/FONT]
They just sent me an email stating this:
[FONT=Arial][/FONT]
"Thank you for your recent email. I have noted your account accordingly. No contact with your home phone, cell phone, or work phone will be made. I will be sending you a copy of your loan documents and please read over it carefully. There is a section labeled (Governing law) it states: This Loan Agreement is governed by the Indian Commerce Clause of the Constitution of the United States of America and the laws of the Cheyenne River Sioux Tribe. This Loan Agreement is not consummated until your loan is funded by us from our account in South Dakota, and your loan is repayable to that same account in South Dakota. We do not have a presence in the State of South Dakota or any other State. None of this loan, the Loan Agreement, nor Lender, is subject to the laws of any State of the United States of America. If you have any other questions or concerns please feel free to contact us either by phone or email. I will also send you a balance summary of what you still owe on this account. Thank you again for choosing Bigskycash and have a great day"

I did a search on Payday Loan Financial LLC, below are some of the threads that came up:
http://www.debtconsolidationcare.com/resources/search-result.php?cx=002940997111014779860%3Ae4jfo9dtire&cof=FORID%3A11&ie=UTF-8&q=Payday+Financial+LLC&submit=Search#1502
I've read where other members have stated they are somehow connected with an Indian reservation (Big Sky Cash). Here's the catch, they may claim they are exempt from our law, BUT, on the other hand, you are exempt from theirs. Therefore, this was and IS an illegal loan. Tell them to shove it where the sun doesn't shine. If you still owe them money (deduct what you have already paid them from the original amount you borrowed), reply to that email with the following:

I will send you payments via the mail with money orders only, as much as I can when I can until the amount of $$$$$ (total amount you owe them). I need a physical address to send payments. No address means no payments, it's your choice. There is nothing further to discuss, this is my final offer.

Thanks for getting that shazzers, I am a little concerned other then the one company that sent me a statement about my PIF and the Indian tribe company no others have responded to my letters. Should I resend them out you think?

Quote:

Ok, lol I have sent out letters for the past week everyday .. hope they get the point =) if nothing else at least they might respond. Thanks for the advice shazzers