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Internet Lenders in Ohio

Date: Thu, 12/23/2010 - 16:06

Submitted by Stephanie M Ouhadi
on Thu, 12/23/2010 - 16:06

Posts: 3 Credits: [Donate]

Total Replies: 7


So, I have a few payday loans in Ohio (I know stupid of me...). They are all being paid and up to date at this time but a BIG drain...and in my searches it seems all of them are in violation of Ohio law.... . I don't want to close my account and hope just revoking their privileges to ACH debit will be enough.

The companies and amounts are:

CashNetUSA $1000
Payday1 $1000
National Money Store $400
Magnum Cash Advance (I have 3 payments of $267 left)

Is there any way I can use this to my advantage? Like maybe sending them a letter making them redo the contracts and payments with Ohio maximum of 28% APR? And, also to rescind their rights to ACH debits to my account?

Thanks

Stephanie


Magnum Cash is NOT legal in Ohio! If you revoke their ACH it will only work temporarily, because they have many many different names, so, they will change their name and debit your account again and again and again. Not only that, but they will share your account information with other illegal lenders, illegal collection agencies and only God knows who else. In other words, your account will NEVER be safe again, NEVER. So, closing your account is the only way to totally protect yourself, otherwise, you will just have to live with the consequences of having money stolen from you for a long time to come. Sorry I don't have better news for you, but that is the cold hard facts.

As far as your other lenders, they're legal, make sure the interest they are charging is not over 28% annually, because that is the cap in Ohio for small loans. Unless they are registered as a CSO (Credit Service Organization), and unfortunately CSO's fees are not regulated.

Cashnetusa, Paydayone and Advance America are all members of the CFSA (Community Financial Services Association of America) which means they offer an extended payment plan, but you will need to request it because they won't volunteer it.

For Magnum, they are not entitled to interest and fees because they are not licensed to lend in the state of Ohio, so, CLICK HERE to find out how to deal with illegal lenders.


lrhall41

Submitted by Shazzers on Thu, 12/23/2010 - 18:35

( Posts: 17344 | Credits: )


Quote:

Thank you for your reply. CashNet, PayDay1, and NMS are all charging way more than 28%--like 400 in fees for $1000/month....

Is there a letter I can send them basically saying I have paid in full and to back off???

Thanks

Stephanie

You need to check the contract of those lenders, like I said, they may be operating as CSO's, and if they are that means they are not required to follow the small lender law in Ohio, because CSO's fees and interest are not regulated, there is no cap. I believe that Advance America is operating as a CSO, therefore the interest they are charging is perfectly legal. As far as the other two, Cashnetusa and Paydayone, they may also be registered as a CSO, but you will need to check your loan contract.


lrhall41

Submitted by Shazzers on Thu, 12/23/2010 - 18:59

( Posts: 17344 | Credits: )


Yes, you are correct CashNet and PayDay1 are also CSO so the interest angle won't work...but aren't they illegal giving loans in Ohio per the below ORC rules:

(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.


So, technically it is illegal for them to even offer me a loan in Ohio, assuming they are not licensed here and have a physical office here? The way I read it it states basically they cannot give a loan in Ohio without having a "brick and mortar" building.


If all else fails they still have to work out a payment plan, correct?


Thanks


Stephanie


lrhall41

Submitted by Stephanie M Ouhadi on Thu, 12/23/2010 - 19:12

( Posts: 3 | Credits: )