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Related to "Pay Day Loan Question"

Date: Thu, 05/19/2011 - 13:28

Submitted by gpp43
on Thu, 05/19/2011 - 13:28

Posts: 19 Credits: [Donate]

Total Replies: 21


I have been trying to reply yesterday and today on my original thread, but I keep getting a message that a moderator has to review?
I wanted to thank you for your response Aubrey. I just wanted to verify that I should probably close out this checking account after my last automatic withdrawal at the end of this month (I get paid this week) and make this a deposit only? Then open another one - same bank ok? Also, when I send out the letter stating I am paying principal only, less any amounts already taken, should I also add that no contact at work (either by phone, in person or letter) is allowed to me or to any coworker, and also add that I revoke any wage reassignment I may have signed? I can't afford to get fired.
I feel a lot better after your response Aubrey. I don't know why the guy at consumer affairs responded in the way he did (I am in Ohio), but this is what I found on the website, and why I think it covers internet payday loans:

1321.36 Short term Lender license required - out-of-state transactions.

(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.
Effective Date: 2008 HB545 09-01-2008


Payday lending is legal in Ohio. So you need to pay the principal+fees+charges to the lender. However, if your payday lender is not licensed to operate, then you won't be liable for paying fees+charges. Pay the principal balance and get rid of your debts! After closing down your bank account, don't open the account with the same bank. You can open an account with some other bank.


lrhall41

Submitted by on Thu, 05/19/2011 - 23:56

( Posts: | Credits: )


All payday lending is legal is the state of Ohio? I've actually loked up a few PDL's ( that I was having trouble with) and just a few are not legal in Ohio..mmm. Good advice....Look the PDL company up on the web and see, for yourself, if it's illegal in the state of Ohio. Close your bank account, if you have to, and open up another one.


lrhall41

Submitted by sdchargers_63 on Fri, 05/20/2011 - 04:09

( Posts: 1798 | Credits: )


Do NOT send the letters until you close your account. They will rush to withdraw what they can. You are right in revoking the wage assignment. You might also include the blurb above about payday lenders having to be licensed.

When I was in payday loan hell, I had direct deposits coming through. I opened a new account, and when they came through they were transferred to the new account. My account was closed to ANY ACH transactions. I stayed with the same bank. Good luck and keep us posted.


lrhall41

Submitted by aubrey on Fri, 05/20/2011 - 05:46

( Posts: 1203 | Credits: )


Ok - thank you all. But just so I'm clear and I'm sorry if I seem to be asking the same questions. But if I look up these lenders on the Ohio website and they AREN'T on there, that means they aren't licensed in Ohio and therefore it's illegal for them to lend in Ohio, correct? I think I'm afraid of screwing things up even more. Again, thanks so much. You have no idea how grateful I am to be able to ask these questions without feeling judged.

I will keep you all posted.


lrhall41

Submitted by gpp43 on Fri, 05/20/2011 - 10:28

( Posts: 19 | Credits: )


Hi. I've closed my checking account and opened another one at my bank. I also called my HR (who felt it wasn't necessary to note that I wanted to revoke any wage assignments because they only accept court order ones). I then emailed all of the illegal lenders. So far, only Sure Advance, Cashjar and Cash direct express have responded. Right now Cashjar is offering a $195 settlement(after I asked for an address or quick collect info to send the remainder of my $200 loan) and if not they will send to collections on 6/12. I have asked again for an address. Both Cash direct express and Sure Advance are ignoring the fact that I don't need to pay the interest, but Sure Advance did give me an address.

I'm wondering about the next step. Should I tell Sure Advance that I will be paying x amount of dollars on x particular date in an email? How do I send it? I don't want to use my current checking info. For Cash direct express,do I send another email saying I need their physical address within 48 hours or I will contact the AG, etc....? Same with Cashjar? I've already decided to just email the AG, etc..., regarding American Web Loan, indicating I have asked for an address and have received no response.
Thanks in advance for all of the wonderful advice!


lrhall41

Submitted by gpp43 on Tue, 06/07/2011 - 17:10

( Posts: 19 | Credits: )


ask yourself if 195.00 is what you owe cashjar.if you owe less then tell them no deal.as for the others yes file AG complaints.they are illegal and soon will start with the threats,or sell it to a bottomfeeder.file the complaints now.okay i just saw the original loan amount.tell cashjar to stuff it.unless they only debited 5.00 you don't owe 195.00,and send nothing until they acknowledge what you truly owe.


lrhall41

Submitted by paulmergel on Wed, 06/08/2011 - 06:52

( Posts: 15514 | Credits: )


Sorry, posted twice in error.
American Web Loan called me at work today!! The guy said he tried to call me on my cell and I told him my cell records everything, and he hadnt called. So I re-emailed them. This time they replied with me to call them tonight. I told them I would only correspond via email! Not sure what to do or say. I owe $240, but want to pay in payments I can handle, not via ACH debits.


lrhall41

Submitted by gpp43 on Thu, 06/09/2011 - 13:22

( Posts: 19 | Credits: )


do not speak to them on the phone,or give these illegals new bank info.they lent illegaly,and should have an address to send money orders.sorry but that's their tough sh*t if they want to act like the illegal lender they are.no new bank info,and no phone calls.stick to that.if the moron calls at work again hang up in his face.you have good stances.stick to them.


lrhall41

Submitted by paulmergel on Thu, 06/09/2011 - 13:58

( Posts: 15514 | Credits: )


Well, AWL (Jay Snelson) replied to my email by stating that they can't discuss the details of my loan via email due to security procedures! Also, they claim they dont have a physical address to send payments to. So, should I file a complaint with the BBB? If I do, do I tell them that I have filed?


lrhall41

Submitted by gpp43 on Fri, 06/10/2011 - 09:43

( Posts: 19 | Credits: )


i call BS as they only want to threaten,and yell at you.respond to that email this way.

i will call you,but on the condition i record it for my records.


see how that goes.again total BS as they just want to threaten you.respond like above and see their response.btw if you file BBB complaints file AG complaints as well.if you have already file a follow up,but don't just file BBB complaints.in fact i would see how they respond to your condition of you recording as well.wait on that before proceeding.


lrhall41

Submitted by paulmergel on Fri, 06/10/2011 - 10:42

( Posts: 15514 | Credits: )


Ok, I called American Web Loan today. What a headache. Andy Watkins (866-605-6435), was unpleasant, but probably not as rude as he would have been had I not told him that I was recording the call too. Refused to listen to me, kept saying that the loan was valid in their state, didn't matter they were illegal in OH. Also, said they had no physical address or quick collect info. I need to get one of those debit cards and load them. He kept telling me I owed $780, (my loan was $600 and I've already paid $360) and if I didn't, he was going to have send this to their law firm. He refused to acknowledge I only need to pay back the principle. So I'm following up with the AG (I already filed BBB and FTC complaints). And I guess I need to get ready for the harassment.
Thanks.


lrhall41

Submitted by gpp43 on Mon, 06/13/2011 - 14:38

( Posts: 19 | Credits: )


if you really did record that then first play it for your AG.then ignore this idiot.btw you are only harrassed when you allow them to harrass you.do not engage him any further.you only owe 240.00 and nothing more.if they refuse not only to acknowledge that,but to still claim you state laws don't apply is laughable.


lrhall41

Submitted by paulmergel on Tue, 06/14/2011 - 05:23

( Posts: 15514 | Credits: )