Has anyone ACTUALLY been sued?

Kill 'em with kindness, my friend.

I swear this whole thing with Ameriloan and United Cash is so random. This morning, I check my email. The only PDL's so far that have communicated with me regularly, albeit with canned responses and form emails, are these two companies. Normally they come in pairs....two emails two accounts. This morning...I have an email from United Cash(200 loan, paid 180), but Ameriloan(200 loan, paid 240) didn't send one. It was your basic, semi-friendly, "pay us at our Recovery website to avoid future hassle, reporting to credit bureaus, etc." email I have gotten literally a dozen times since November.

So...sent this afternoon only to United Cash:

[QUOTE]
[LEFT]To whom it may concern regarding account #XXXXXXX:
[SIZE=2][/SIZE]
I have sent many email responses to this and other similarly worded emails, so I will not bother you with copying them all to you again. Please be advised(again, for like the 5th time), this transaction was entered into illegally by your company, as NYS Usury law does not allow for loans to be written with the exorbatant interest rates and fees that are detailed in your terms, and as such, any contract you may claim would be null and void. That is not to say that on 9/30/2010, you company didn't deposit $200 into my bank account. I have a moral obligation(more than you would get from others, I am certain) to renumerate that $200 in full. To date, on account #XXXXXXX, ACH transactions in the amount of $180 were debited from my old checking account with Bank of America. Seeing as the initial deposit was $200, and the fees are null and void due to them being WELL over the NYS Usury rate cap of 25%(that's the criminal cap...the civil cap is much lower), I consider my balance to be $20 owed.
[SIZE=2][/SIZE]
As I have requested multiple times, please provide an address and party/company to whom to address a Money Order in the amount of $20 to finish up and close forever this account, and our business relationship permanantly. No banking information will be forthcoming. A money order paper trail is the only way I can be sure that this account is closed and the payments processed. Until such time as this address and acceptance of these terms is agreed upon, I will not be acting further.
[SIZE=2][/SIZE]
Please know, as I have iterated several times, that this account, and situation is being reviewed by the NYS Attorney General, and I have been told that your company has been contacted as such. I have also filed complaints with the FTC, and am looking into the correct parties to contact regarding banking specifically here in NY. I will not act unless I hear from you regarding my terms to get the rest of your initial deposit, or advice from my Attorney General.
[SIZE=2][/SIZE]
Regarding credit bureaus, as I know, and you as well, reporting this account to any of the three credit bureaus and/or check services is a lesson in futility. As Pay Day Loans, and any short term loans with the terms you have continued to attempt to enforce are illegal in NY State, I will simply contact each of the bureaus and companies with NY State law, and information on the illegality of the account, and I am certain it will come off.
[SIZE=2][/SIZE]
Selling my account to a third party collector is also a waste of time(for them), as the FDCPA laws governing debt collection specifically do not allow collection on an illegal debt. Similarly to credit bureaus, one letter with NY State law, and a letter to the Attorney General, and that is taken care of as well.
[SIZE=2][/SIZE]
I do not wish to continue to go back and forth with this as we have, but I will if I have to. Please provide the place to send the remainder of the initial loan via money order, and let us be done with each other. Phone contact of any kind is prohibited at my home and work. I will only communicate via email, or US Mail, for record keeping purposes.
[SIZE=2][/SIZE]
I hope this email finds you well, and I hope you have a pleasant day.[/LEFT]
[/QUOTE]

I wonder if Ameriloan will get around to sending another to me. The Ameriloan account I overpaid on, and is a week older than United Cash.

*queue Jeapordy music*

hehe I'm actually a little excited about today. For the first payday Friday since November, I got no emails from Ameriloan or United Cash. I wonder if this means the calls are about to begin(even though the emails indicated they should have already started)....

I'll keep you posted.


PS Go Packers! :)

I pity the person who is brave enough to call you.
Go Steelers.

I got a letter yesterday from the State Attorney General's office regarding the fact that they were still on the case for one of the PDL companies...Money From The Galaxy/Galaxy Marketing...but this company is one of the ones that settled, and sent me a PIF letter.

Attached to the AG letter was a letter from a law office in Missouri, Franke, Shultz, and Mullen. Anybody heard of them? It said that they are reviewing the issue with their client and will communicate back with the AG. I faxed this lawyer the PIF letter I sent, and I sent one as well to the AG office, and throwing another copy in the mail as well, basically telling them that, as far as I personally was concerned, my business with that company was finished. I didn't withdraw the complaint, per se', just that I was satisfied with the result I got from them. We'll see.

As for the other companies....not one peep. No calls, emails, nothing in like 2 weeks.

Stay tuned!

Thanks for keeping us updated!

PDLs are legal in TX and I borrowed $500 and they take $150 every payday and I've paid $600 so far. I called today to inquire about my balance and they tell me I owe $850. What can I do? My husband has been out of work since July, I'm the only income and I have to pay mortgage, utilities car notes, insurance, etc. I'm so frustated and I can't give them any more money. I need advise!

TX and Hopeless....I live in NY, so I really can't speak on Texas, but if you look in the threads sticky'd at the top of the Forum, all the infomation you will ever need is there.

http://www.paydayloaninfo.org/state-information/51

What I understand is it is legal in Texas, but they would have to be licensed there, and there is a cap on interest, and how many loans you legally should be able to get. Like I said, see the threads at the top of the forum for more, awesome information. It is and has, helped me regain my paycheck and life back. NEVER EVER take out or even apply for a Pay Day loan again. That is important!

As for me....aside from a couple of call from an Indian Scammer(he's downloading charges to my Social Security number dontcha know?) a couple days ago...they come every two or three weeks I would say...contact from all the PDL companies have really dropped off. Not a single call, no emails, just the above mentioned communication with the AG office about the Galaxy account that I already got a PIF from.

Is this normal? I know that eventually they stop, and sell you to a bottom feeder, but how long does that take?

Dare I dream that, since I know the AG is working all the companies I still haven't received a PIF from(sans three companies, which just never did anything once I stopped paying illegal fees)...have I won?

I guess maybe for now I have, but like you all have indicated, maybe 6 months from now I'll all of a sudden be flooded. I kinda actually look forward to it! :)

Be well, friends. And again, thank you all(you know who you are) from the bottom of my heart.

Mike W.

It has been nearly a month since any real communication from any of the PDL companies... *does fat guy dance*

OK....I got, finally, an email from Nationwide Cash, which basically is just another attempt at collection. Keep in mind, I do still owe them almost $500 in principle. This is the email I got:

[QUOTE]
Hello, my name is Lamarr Wesley and I would like for you to review this letter as an option for resolution with Nationwide Cash. Please fill out the form below or reply back if you would like alternate options. Remember, after any settlement is satisfied, you will be allowed to re-use our services. YOU MUST REPLY BACK DIRECTLY TO ME IF WANT TO TAKE ADVANTAGE OF THIS OFFER. Thank you.
[FONT=Arial][SIZE=2][COLOR=blue][COLOR=blue]XXXXXXXX, MICHAEL [/COLOR][/COLOR][/SIZE][/FONT][FONT=Tahoma][SIZE=2][COLOR=#6633cc][COLOR=#6633cc] [/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=blue][COLOR=blue]XXX XXXXXXX STREET[/COLOR][/COLOR][/SIZE][/FONT][FONT=Arial][SIZE=2][COLOR=blue][COLOR=blue] [/COLOR][/COLOR][/SIZE][/FONT]
[FONT=Arial][SIZE=2][COLOR=blue][COLOR=blue]XXXXXX[/COLOR][/COLOR][/SIZE][/FONT][FONT=Arial][SIZE=2][COLOR=blue][COLOR=blue], NY[/COLOR][/COLOR][/SIZE][/FONT][FONT=Arial][SIZE=2][COLOR=blue][COLOR=blue] ??? XXXXX[/COLOR][/COLOR][/SIZE][/FONT]
March 3, 2011

Dear valued customer,

This letter will serve as confirmation that nationwide cash will settle your account in the amount of $800.00; we are willing to work with you rather than against you. We will accept a $100.00 installment plan until this balance is paid OR if you can pay the amount of $175.00 in 4 payments we will settle your account for $700.00. Your first payment must start on the first pay date after the sent date on this letter.
Your method of payment must be via credit card/ debit card or pre-paid debit cardand paid according to your pay frequency! If you are willing to take full advantage of this great offer you will save $165.00 in fees! This is the best possible deal I can have arranged for you. Please complete the form below and send it back with your response.
No payments will be processed until the dates are established. Please reply with the dates in your response, use the authorization date line below as your first pay date. You might have to copy and paste the form to resend. You must contact me directly for this offer for the case being; no other agent will extend this to you! Thank you for cooperation in this matter!

[/QUOTE]

I love the typos and lack of capitalization...I also love that they say I could use their services again if I accept the deal LOL

My plan is to answer them back saying that I would accept their $100 per pay period deal on a balance of $490, which is the remainder of what they sent me and I'll keep you updated. If anyone feels this is a bad idea, please chime in and let me know why.

NO...I will NOT be giving them my new bank info LOL....I'm not that dumb....

Thanks!

Mike W.

Hello folks! I've still been lurking and dropping a little knowledge here and there, thanks to you, I haven't really been affected by these issues so much...but today...I got a call from what sounds like some sort of debt collector, possibly a third party. The number they gave to return the call(and it wasn't masked either), was 855-868-2577. The name was a Jeff(or Jess) Jackson, and it wasn't an Indian Scammer. They want me to call them back to discuss a business matter.

As I always do, I google'd the number, and it came up on a couple of sites that it is a collection agency who was trying to collect on pay day loans. As we all know and have established, PDL's are illegal in NY State, so a third party company, especially one based in the US, cannot and should not be calling on these....not that a bottomfeeder gives a crap...lol....anywho....

How would you/should I proceed? If they called me on my cell, they will call me at work, and I'd just as soon not deal with that. My first thought is to call them back, find out who they represent, and then offer them the same deal that I offered the company directly(which NONE of them accepted)...pay back of the principle. I got a feeling this is Nationwide Cash....they have been the only ones who have communicated in the past two months or so, and the only ones who I would actually owe any significant principle to....$490....

Anywho...some advice would be mucho appreciated....you all have taken me this far...and we are on to the next step now...LOL

Thanks!
MIKE W.

More digging...in case you have an insight into these guys...I believe the company calling me may be:

[RIGHT]Business name: [/RIGHT]
Total Recovery Solutions, LLC[RIGHT]Applicant's name: [/RIGHT]
Stephen Shmigelsky[RIGHT]Applicant's mailing address: [/RIGHT]
4551 W. 107th Street, Suite 250[RIGHT]City: [/RIGHT]
Overland Park[RIGHT]State: [/RIGHT]
KS[RIGHT]Zip: [/RIGHT]
66207[RIGHT]Address of proposed business: [/RIGHT]
3543 Broadway, Kansas City, MO 64111[RIGHT]Your e-mail address: [/RIGHT]
[FONT=Arial][SIZE=2][EMAIL="stephen@pdlsupport.net"]stephen@pdlsupport.net[/EMAIL][/SIZE][/FONT]

Even more digging...it is possible it is this TRS Recovery Services calling me...there is a thread about them here....

http://www.debtconsolidationcare.com/collection-agencies/trsrecovery-services-2.html

I am pretty I can handle just about everything a CA might throw at me, except one thing.....what is the answer to an assertion from a company that might claim "check fraud"....I just want to say the correct thing....thanks!

well basically if they threaten check fraud they are stating you commited a crime.totally illegal and they know it.respond this way.

so you are stating i commited a crime?well then if you can proceed with that do it,but don't think for a second i'm paying a voice over the phone on a threat.either do it or we got nothing further to discuss.

then hang up.i would not engage them voluntarily though.file the usual complaints and ignore them if you can.

Would you suggest I call them back? They have left one message on my cell, and haven't called work, tho I suspect they will.

Ah ha! Maybe the first guy wasn't Nationwide....because I just got another call from a Gary Adams....caller ID said 877-711-1199, but left 800-659-9980 as a callback number....pleasant as pie, wants me to call back because of a loan that they want to settle, and if they do, I'll be able to get another one LOL....he identified himself as being from NWC, which a quick Google search revealed that is the collection arm of Nationwide Cash....I don't know if they are 3rd party or not.

I'm legitimately interested in seeing what they want to settle for. I still owe them $490 in principle, which I would pay.

just don't pay a penny more than the 490.00 and get anything in writing,or email is okay too,but you owe 490.00 nothing more.

Every couple of weeks, I get a call from Total Recovery Solutions regarding a time sensitive matter....they call my cell, but not at work. I kinda think that it's Nationwide Cash, but in reality, I don't care. Just waiting until they call me at work. You'd think they would have by now. Maybe they don't know it...

I used to get calls from some offshore call center from some heavy accented clown telling me that they were from a "legal department" and wanted to speak to my "attorney of record." I would laugh-out-loud every time I heard another message thinking that these assclowns actually believed these empty-handed tactics would scare me in any way shape or form.

One time, the fool even took it one step further and told me that the FBI had been called and they would be coming to my workplace to arrest me. I told him "I'm looking forward to it." Golly Gee, how disappointed was I when no "FBI" agent (or ANY "law enforcement" person of any kind) EVER showed up.


DO NOT allow these jerks to intimidate you . . . throw it back in their faces. 95% of the time, there isn't a damn thing they can do to you. The other 5% you can usually work out a payment arrangement (assuming that the debt is legal, licensed and legitimate in your State).

I get those calls too. I was getting those calls almost immediately when I started this process. The overseas, middle eastern callers get no response, as there is NADA they can. Not that an English as a 1st Language caller has a leg to stand on with payday loans in New York, where they are illegal.

Hello folks! Just a heads up on my fight against PDL devils here in New York....as you recall, I had 9(sheesh) PDL's in play, and using the advice from the good folks here on the forums, I have essentially rid myself of them all! Except one. Nationwide Cash. I was warned they probably wouldn't go away easily, and I think it is finally beginning. Over the past couple weeks, I've been getting calls from "NWC Collections" and "Gary Adams"...left a couple of VM's and they did call my work once, which I routed to a VM. They followed that work call up with this email to me almost immediately...
[SIZE=2][COLOR=black][/COLOR][/SIZE]
[SIZE=2][COLOR=black][QUOTE][/COLOR][/SIZE]
[FONT=Arial]Hello, in regards to the message I left on your answering machine concerning above loan, I am willing to offer a settlement on your total loan amount owed, of $1,165.00 to the amount of $800.00 (with the option to pay one-time payment of $650.00, that will settle total debt with Nationwidecash.com). This amount of $800.00 can also be split into payments (according to your pay schedule) conducive to your current situation without any finance/interest charges (providing that no payments are declined). For method of payments we accept credit/debit/pre-paid debit cards and ACH through your checking account; furthermore, you would need to submit your payments via previously stated methods for specific consecutive pay dates. Due to FDIC regulations, once we enter into this payment agreement, our company Nationwidecash Inc. will not be able to take any payments prior to or after dates/amounts are agreed upon; however, we reserve the right to revoke settlement offer if any payments are delinquent. We will also provide you with another opportunity to re-borrow from us in the future, providing that payment schedule/amounts are adhered to (note: within 5 business days of last payment). Your prompt attention to this matter would be greatly appreciated, for this is time sensitive. If you have any questions, please feel free to contact me. [/FONT]
[SIZE=2][COLOR=black][/QUOTE][/COLOR][/SIZE]
[SIZE=2][COLOR=black][/COLOR][/SIZE]
This initial loan was for $700, and I paid them $210 before I got smart. NWC is my oldest PDL company....I had been doing business with them for many moons....probably at least a dozen loans of varying amounts, most of which were rolled over to the maximum. Finally, after another call to my cell....I emailed them back...to a gentleman by the name of Darius Boyce...who wrote the above email...
[SIZE=2][COLOR=black][/COLOR][/SIZE]
[SIZE=2][COLOR=black][quote][/COLOR][/SIZE]
[LEFT]Mr. Boyce,
[FONT=Arial][/FONT]
Thank you for your communication. While I will not deal with ANY financial matters over the phone, I will communicate via email, so that there is a proper trail of what is being said. I appreciate your offer for settlement, however, the amount in your offer differs from what I am willing, and morally obligated to return.
[FONT=Arial][/FONT]
Several times, and once on the phone with a gentleman whose name escapes me, I explained that, despite what your contract says, I am bound in matters of finance, by the laws of my State of residence, in my case, New York. For many years, and thousands of dollars of fees I racked up, and paid without fail, to NWC(you can look it up....many "loans"...all paid in full, with maximum rollovers), it came to my attention that what NWC was doing is not only illegal, but possibly criminal, as the NY Usury cap on the criminal statue is a max of 30% interest, which your service exceeded by several hundred percent. Because this agreement failed to meet the standard of NY law, it is null and void.
[FONT=Arial][/FONT]
The initial inbound transaction to my now closed Bank of America account was $700 on 10/26/2010. On 11/05/2010 and 11/19/2010, two payments of $105 were debited from my account in good faith, prior to my acquiring the knowledge of my rights in these matters. That being said, I do feel morally obligated to offer a counter-offer of $490, which is the initial $700 minus the two payments already debited on the afforementioned dates. This $490 cannot, due to my financial situation currently, be paid until after the beginning of September. Also, this $490 payment will need to be split into two payments of $245 each, starting on my first pay day in September. This is the only way ANY payment can and will be made, as money will not be available for this matter until then.
[FONT=Arial][/FONT]
[FONT=Arial]This is my only and final offer. If you agree to this, please respond to this email with your acceptance, and assurance that upon completion of the two transactions, this account will be Paid In Full, and permanently closed. At that time, I will provide you, Darius Boyce at [EMAIL="darius@nationwidecash.com"]darius@nationwidecash.com[/EMAIL], via this email, and only this email, the numbers from a pre-paid debit card which I will purchase and use to settle this once and for all. I suggest this offer should be accepted...I am fully aware that there is little that can be done legally, and my offer to pay anything back at all, much less the full amount sent ot me on 10/26/2010, is more than most people would do.[/FONT]
[FONT=Arial][/FONT]
Thank you very much for your time....I wish you, and your family well, and I hope resolved in a most friendly and orderly manner.
[FONT=Arial][/FONT]
Michael W.
Account XXXXXXXXX
[SIZE=2][COLOR=black][/quote][/COLOR][/SIZE]
[SIZE=2][/SIZE]
That isn't BS....I will pay them back, and that IS the earliest I could even think about doing it. Honestly, these PDL's are so low on the totem when it comes to priority...they really are lucky that I have some morals to pay them back when for YEARS they bilked me of thousands due to my ignorance of my rights.
[SIZE=2][/SIZE]
Keep the good fight, friends! Be well....
[SIZE=2][/SIZE]
Mike W.
Fightin' in NY[/LEFT]

The email from above? I literally just got a Read Receipt....I will update you if they answer....that was quick.

Mike W.

They will harrass you over the money they think you owe them. They are illegal and you are only required to pay back the principal with no interest fees. I hope you have filed complaints with your states AG, the BBB, the FTC, and continue to fight your fight! They are doing the same thing to me, I am not beat I will fight them tooth and nail they are low life wanna be thug!!

Oh yeah...totally aware of that...that's why I sent the letter above. I haven't gotten any response yet, although I know someone has read the email, or at least opened it. I'm kinda lucky in that my work is fully aware, and is treating the calls like they are scam artists, which in a way, they are.

At the end of the day...the difference in their "settlement" and mine is less than 200 bucks, which to some people is a good price to pay just to be done with it, but it's the principle(pun intended) of the thing......Nationwide Cash got SO MUCH MONEY from me over the years, I tear up thinking about it, and how dumb I was getting involved with them, and any other PDL companies. So much wasted money.

Unreal...but it would appear that NWC/Nationwide Cash has accepted my "counter offer" for settlement....essentially me only paying them what I was given...
[FONT=Arial Narrow][COLOR=black][/COLOR][/FONT]
Email from NWC....
[FONT=Arial Narrow][COLOR=black][/COLOR][/FONT]
[FONT=Arial Narrow][COLOR=black][quote][/COLOR][/FONT]
I apologize for getting back to you so late, I had to discuss with my Superiors, and they have agreed to settlement of $490.00 with 2payments of $245.00. Please send debit card info, so that I can setup payment arrangements.
[FONT=Arial Narrow][COLOR=black][/quote][/COLOR][/FONT]
[FONT=Arial Narrow][COLOR=black][/COLOR][/FONT]
To that I answered...
[FONT=Arial Narrow][COLOR=black][/COLOR][/FONT]
[FONT=Arial Narrow][COLOR=black][quote][/COLOR][/FONT]
[FONT=Arial Narrow][COLOR=black]Darius,

I am very very glad that this is approved. I have heard and read many "horror stories" about this process with NWC, and I must say that this is very much counter to those stories.

As noted below, on September 4th, I will email you the information, as that is the earliest I would be able to begin the payments. I will not have the debit card info until that time, as I will be using a pre-paid debit card that will be purchased on the September 4th. Also, I would need assurance, in writing on this email, that upon completion of the $490 payout, the account would be considered Paid in Full, and closed. This is important for my record keeping.

Thank you very much, and I hope you have a blessed day...

Michael W
Account XXXXXXX
[/quote][/COLOR][/FONT]

I love killing these people with kindness...anyway...I consider this a victory. Has anyone had any similar luck with NWC? Keep in mind, I am NOT sending them a dime unless I get in writing that completion of the payment means Paid in Full...

Wow such great information - I have been stumbling along paying interest only until I finally got to the point where it all actually exceeded my paycheck by more than several hundred dollars and finally giving up....

In Nevada PDL loans are legal, however, the local lenders will provide payment plans in compliance with local law (although I am hoping for slightly longer). However, I also have Sure Advance and Zip19 and got my first call today, they wouldn't even hear about it. Thus, know they are going to be problems. I sent letter revoking ACH, assignment, and requesting communications only in writing. When and under what circumstances do I need to get the AG, etc involved? I have paid both lenders MULTIPLES of the original loan amount. Posting here since you were so successful, including with these two lenders!

All help appreciated.

Hello folks....long time no see...

Paradise Cash Advance ($200 loan, paid over $300) is trying to collect through a Collection Agency, and gave me a "settlement offer" of a little over $100 to close the account. Seeing as I already paid Paradise over $300, no collection agency is getting dime one from me.

I'll be requesting the verification of the debt from them, and if I get it, I plan on hitting them with the "PDL's are illegal, I already paid Paradise back their principle, you're attempting to collect on an illegal debt, close this account immediately" letter, and I'll let you know how it goes.

If this collection agency decides to continue their efforts, do I have any recourse?

This is the first thing I've heard from any of these guys in quite awhile, including NWC, who I understood to be dogged in thier pursuit of money. Ah well...

Mike W.

Mike you are going out if your way here. Follow the link in my signature to handle illegal PDLs in collections

http://m.debtconsolidationcare.com/paydayloan/thread184286.html