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Is there anything we can do, or are we screwed?

Date: Wed, 12/30/2009 - 10:27

Submitted by anonymous
on Wed, 12/30/2009 - 10:27

Posts: 202330 Credits: [Donate]

Total Replies: 22


We live in Louisiana. My husband (without my knowledge) took out 2 different internet payday loans in September, each one for $400.* The lending companies are "One Click Cash" and "United Cash Loans". Each month, each company takes out $120. I was hoping that this coming payment, the fourth for each, would be the LAST payment, as we would have paid $480 back on each. GUESS I WAS BEING REALLY NAIVE...NOW I SEE WHAT A HUGE RIPOFF THESE COMPANIES ARE!!! They are telling us now that, after the January payment, we'll STILL owe them each $400 MORE.

Please HELP!!! Is there ANYTHING we can do?? Or do we just take this as a VERY expensive "lesson learned"??

*Actually, he didn't take out 2 loans...one of the companies DENIED the loan, but then gave him the money ANYWAY. I see now that this is another tactic of these rip-off companies!


ok, actually i do not think you are screwed.. these loans are both illegeal? there is a sticky here about dealing with illegal lenders. secure your account asap (there is a sticky about that, too). a hard block (debit only) will work but the account has to be closed, it is the only safe way. (make sure any ach will not push the closed account back open, too).
it is not a gamble to close the account, it is the only way. if you still can, i would reverse the loan you did not ask for before closing the account.
someone will be along with your state law information because the first thing we need to do is see if these were even legal in the first place.


lrhall41

Submitted by bea2ls on Wed, 12/30/2009 - 10:41

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First of all, I REALLY do not want to close our bank account. Is there any way to demand that withdrawals stop after this 4th payment is taken out WITHOUT closing the bank account? (By then, we would've paid $480 on each $400 loan.)

Second, to "bea21s"...I don't really understand your last comment...why would anybody lend you money if all they expected to get back was what they lent you in the first place? (Except maybe if it's your parents, or best friend, of course!) So, I feel that it's reasonable to pay SOME interest...a business has to make a profit, after all.


lrhall41

Submitted by on Wed, 12/30/2009 - 12:28

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They are not legal, therefore, they should not have lent the money to you. they lent you money against the law. So you only owe them what you borrowed.

The ONLY way to get out from under this is to close your checking account. Sorry, but this is the only way. You can keep it open until your other checks clear but you need to put a block against all debits. If you keep your account open, some time down the road they will debit your account again to recoup their money. This is the way they do business, and they won't care if they strip your account and leave you penniless.


lrhall41

Submitted by aubrey on Wed, 12/30/2009 - 12:41

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What aubrey said is correct, they are not legal so honestly it does not matter what they want.. they never should have lent this money out. i mean, you can feel free to pay them if you want but do not feel sorry for them.. once you default, you will see their true colors. they are not a legit buisness and we always advocate just paying the principal amount borrowed for illegal lenders. so i stand by my claim that they owe you money.
also i am really sorry but the only way to protect yourself is to close your account. they will drain you comepletely. they do not care about your other bills and will not go away as long as that account is open.


lrhall41

Submitted by bea2ls on Wed, 12/30/2009 - 12:57

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you are not dumb at all :) we have all been here, that is why we want to help you.
they get away with usually because they are either outside of the country or nobody shut them down. we do recommend filing complaints but i think it goes deeper than that.. the officials are very well aware of these lenders but often turn their head on them, who knows.
not all payday loans are illegal.. it depends on your state's laws and the actual company. I am not familiar with your state but it seems as though this company is illegal everywhere.


lrhall41

Submitted by bea2ls on Wed, 12/30/2009 - 13:21

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Okay, so now you all have convinced me that we need to shut down the bank account. After reading so many horror stories in this forum, I see that this would be the wisest thing to do.

We're leaning towards, once the bank acct is closed, paying the balance off (by money order?? What is the best way to do this?) on the United Cash Loans, because the husband DID "sign" an agreement with them, even though he didn't really understand their terms. We have now paid them $480, on a loan of $400, and they're saying the balance owed is still $400 more.

However, on the One Click Cash, since they initially REFUSED his loan application, but then gave him the $$$ anyway, we figure we should be able to tell them we're DONE paying them, since they illegally gave him the money. (This will be after we've paid $480 on a $400, "declined" loan.)

Any further advice?


lrhall41

Submitted by on Fri, 01/01/2010 - 13:27

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M currently dealing with the 2 same companies and they sent me a wonderful email asking me to login and pay the account by checking info or credit card. The wont supply me with a mailing address. U can send them a email letter once ur bank account is closed to [email]customerservice@unitedcashloans.com[/email] and [email]customerservice@oneclickcash.com[/email]. But please file ur reports with bbb, attorney generals office, ftc and department of corporations. Do this asap.


lrhall41

Submitted by Jasgal on Fri, 01/01/2010 - 13:41

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i still say do not pay the balance.. you overpaid them by $80. what your husband signed is not a legal document, they were are not allowed to lend to you. you are morally responsible to pay what you borrowed but you have already done this.. they really owe you $80. people on these boards have gotten refunds in the same situation you are in. please do not feel sorry for them, they need to be shut down for doing illegal business.


lrhall41

Submitted by bea2ls on Fri, 01/01/2010 - 23:10

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bea21s...I do not "feel sorry" for these companies, however, I do sorta feel "morally responsible", but only to the one where my hubby electronically signed the agreement.

Tell me...if what he signed is "not a legal document", how is it that they can report people to credit bureaus and successfully (sometimes) prosecute ppl for not paying them?

I'm not trying to be difficult, just trying to understand. All this is just SO complicated!!

Thanks so much for your time and effort!


lrhall41

Submitted by on Sat, 01/02/2010 - 08:04

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Quote:

Originally Posted by Anonymous
bea21s...I do not "feel sorry" for these companies, however, I do sorta feel "morally responsible", but only to the one where my hubby electronically signed the agreement.
Tell me...if what he signed is "not a legal document", how is it that they can report people to credit bureaus and successfully (sometimes) prosecute ppl for not paying them?
I'm not trying to be difficult, just trying to understand. All this is just SO complicated!!
Thanks so much for your time and effort!


I haven't come across a post of anyone who has actually been prosecuted by a collection agency who was hired by an illegal lender. So far, all I have read from various members is how they are being harassed and threatened, to my knowledge, I have not read where anyone has actually walked into a court of law as a result of defaulting on a loan from an illegal payday lender.


lrhall41

Submitted by Shazzers on Sat, 01/02/2010 - 08:51

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Quote:

Originally Posted by Shazzers
I haven't come across a post of anyone who has actually been prosecuted by a collection agency who was hired by an illegal lender. So far, all I have read from various members is how they are being harassed and threatened, to my knowledge, I have not read where anyone has actually walked into a court of law as a result of defaulting on a loan from an illegal payday lender.


some have however put through a WAGE ASSIGNMENT which is voluntary,revocable,and doesn't need a court hearing.that is why shazz,me,and others always advise to give your HR person a WAGE ASSIGNMENT REVOCATION letter.once that is done then they really can't do anything except what shazz said.alot of pointless threats they can't and won't carry out.that is also why complaints should be filed.


lrhall41

Submitted by paulmergel on Sat, 01/02/2010 - 09:32

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I haven't been online in awhile, I am sorry :) I agree with Paul and Shazz.. once your bank account is closed and you send off your letters, you might find that they are even willing to settle for what you already paid them. illegal lenders are usually happy with the principal as they know they are wrong.
i understand where you are coming from.. we all strangers to you and it is always smart to question all advice. but they truly are not legally allowed to lend to you, therefore this loan is not legal. do what is in your heart but i would hate to see you suffer to pay them off.


lrhall41

Submitted by bea2ls on Sun, 01/03/2010 - 12:00

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Just wanted to give an update, in case anyone is still following this thread.
After the 4th ACH transactions hit our account (bringing the total paid on each $400 loan to $480), we have now CLOSED our bank account. We have been assured by the bank that they will NOT allow any ACH requests to "re-open" the closed account. (Sounds like they are familiar with this scam.)
I'm in the process of typing up letters to both companies, to be both emailed and snail mailed. I am demanding that they not contact us by phone, but only in writing. And, I'm asking for a refund of the $80 paid over and above the principle. I have also checked out the online complaint websites for the BBB, La Atty General, the Internet Crime Complaint Center, and the Federal Trade Commission, and will be filing complaints with all of them in the next few days, now that the bank account is closed.
Thank you all so much for the good advice! I'm so glad I found this site before we paid them another dime! (Too bad I didn't find it prior to, but oh, well...)


lrhall41

Submitted by on Mon, 01/25/2010 - 12:39

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The week in review:
Closed bank account Monday.
Sent certified letters to both PDL companies on Tuesday.
Both emailed and faxed copies of same letters to PDL co's on Wednesday.
Began filing online complaints at websites of the BBB, LA Atty Gen, FTC, & IC3 Thursday.
Finished filing complaints, and sent either faxes or snail mail letters to above entities on Friday. ***Whew!!!***
So far, not a word from the PDL co's...the crickets are chirping...


lrhall41

Submitted by on Fri, 01/29/2010 - 14:53

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