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I am in a panic. I filled out online loan app on 3

Date: Thu, 05/19/2011 - 06:10

Submitted by anonymous
on Thu, 05/19/2011 - 06:10

Posts: 202330 Credits: [Donate]

Total Replies: 7


I am in a panic. I filled out online loan app on 3/24. On 3/25 I had a deposit from a company called Payday-Loan-Yes. I didn't sign any loan documents with them. They told me I had to pay it back and then they debited my account $105 three times. I have paid back $315. I sent them a loan cancellation letter, an ACH revocation, wage assignment revocation, debt verification request, FOI request, Do Not Call letter etc. I sent them everything that I saw on this website that is suggested that you send. They are totally ignoring me and they have become abusive and harassing me daily. My bank thankfully put a stop payment on them but now that they can't get any money they are calling me at work, at home, sending me emails and threatening me. The woman today said that they don't have to follow the laws of "do not call' because they are 3rd party lender.

I wrote to the Attorney General and filed a complaint. Is there anything else I can do to get them to leave me alone? They got their money back but they act like they are above the law. I can't have them calling my job, it would be horrible if they spoke to my boss. Any help would be appreciated.


Pay day loans are illegal in new york state.

When the funds were deposited, you should have had your bank return it immediately. Your application probably was your promissory note if you had read the fine print.

You need to CLOSE your account....they find ways of getting around bank blocks.

Tell your employer you are being harassed.

Creditors are not subject to cease and desist orders.


lrhall41

Submitted by SOAPLADY on Thu, 05/19/2011 - 06:18

( Posts: 17315 | Credits: )


I just got this email from them:

Your bank returned payment as listed below and you are now in the collections process.

[COLOR=red]1 ST RETURN - R07 AUTHORIZATION REVOKED BY CUSTOMER - Returned for 105 05/18/2011[/COLOR]

If you need to verify this loan you can call me today and we will do an three way telephone conservation with your bank, this will remove any gray area you may have with regarding your loan and your financial obligation and while we have you bank on the line I will then be able to advise that you notified them (your bank) and advised your payment to this company was unauthorized debit, which is theft by deception and is against the law in the State of New York and you are subject to civil penalties be advised that we will use the within your state to collect any and all monies due and you would be responsible for any and all reasonable processing fees.

What time today can I expect your call?

This is a loan payoff settlement, meaning once you confirm this payoff by providing your card information (see payment instructions), your account will then be removed from the collections process, your balance will be frozen and no further charges will be assessed on the loan balance as long as you follow through with the agreed arrangement.

Very Important:

> Please note that we do not accept verbal payment authorization
> All Visa or MasterCard payments have to be e-signed and authorized via emailed (your payment instructions are listed below)
> Should you have any questions you have to call me directly Karen Tims, Settlement Account Manager at 800-654-7444,
[COLOR=green] Ext. 846. [/COLOR]If you get my voice mail leave me a message, which I will promptly return

As of today, your total account balance is due $522; loan payoff is for $522. Payments are two (2) payments $261 due on 05-20-11 and 06-03-11, this will close your loan account. Payment method is Visa or MasterCard debit/credit only. See your payment instructions listed below.

I don't have to close my account because my bank placed a block on them. They know the authorization has been revoked. I just called the FTC and they told me that the whole thing is a scam and that they are trying to scare me. I just wondered if there were any other letters I could send or anyone else I can contact to help stop the harassment.


lrhall41

Submitted by on Thu, 05/19/2011 - 06:45

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You need to respond by telling them that payday loans are illegal in New York. You can send them this link http://www.paydayloaninfo.org/state-information/40"

In fact, you can copy and paste the information into your e-mail to them. There's a complaint form at the bottom of the link. Tell them you've filed a complaint.

You are only liable to repay what you borrowed.


lrhall41

Submitted by aubrey on Thu, 05/19/2011 - 06:57

( Posts: 1203 | Credits: )


I sent her that info and I got a response back that the loan was processed in their state so I have to abide by their state laws. This is what she said:

"Both parties agree that this Note and your account shall be governed by all applicable federal laws and all laws of the jurisdiction in which the LENDER is located, regardless of which state you may reside, and by signing below or by your electronic signature, you consent to the exclusive exercise of regulatory and ad judicatory authority by the jurisdiction in which the Lender is located over all matters related to the Note and your account, forsaking any jurisdiction which either party may claim by virtue of its residency"

I don't think this is true though because I read this on a NYS website:

States have jurisdiction over businesses that enter their states to conduct business, regardless of where the business is actually located. If a business solicits business, accepts business, and continues to transact business with a consumer in another state, the court holds that the "electronic" business is conducting business in the consumer's state, and therefore, is subject to the laws and courts of that state.

Further, New York Uniform Consumer Credit Code prohibits waiver of rights, such as choice of law provisions in contracts.

I sent that to her and she replied that since I refuse to give them new payment info they are going to continue collections and they will not read (and delete, is what she said) any emails I send to her. I responded with "Great thank you and God Bless. "

I wonder if because I'm not cowering they will leave me alone?


lrhall41

Submitted by on Thu, 05/19/2011 - 08:07

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I have the same problem with this company and live in Ohio. I sent them them the C&D letter and they said they did not have to follow it. Then I told them that rollovers are not legal in Ohio and I have paid so much in fees that it has well covered the amount of the loan I borrowed. They did not care either. They are not even according to their website supposed to lend to people who live in Ohio. When I told her that she said it didn't matter I signed the loan document. They have not called my work and am trying to tell me they are sending a someone with a subpeona to my work next week. I told them I would make payment arrangements but they want so much and want to charge me high dollar fees. I asked for their licsence information and they still have to provide that. What can I do??


lrhall41

Submitted by on Sat, 05/21/2011 - 06:26

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