Cali Loans

Hi eeyorelover,

Payday lending is legal in California. However, you need to contact the California Department of Corporations in order to find out whether or not your payday lender is licensed to operate in your state. If you find that they are licensed to operate in your state, then you will be liable for paying off the debt in full. If you're unable to do so, then it will be a better option to contact the local debt relief companies and take their assistance in settling or consolidating the debt.

However, if you find that your payday lender is not licensed to operate in your state, then you will be liable for paying them only the principal balance and nothing else. He won't be able to come after you in order to collect any kind of interest charges or other fees.

Take care.

Please tell us the name of the pdl companies from which you have taken out the loans. we will dig out info and tell you whether or not they are legal in your state. If they aren't legal, then check out the following url to know about the ways to deal with the illegal pdl loan lenders:

http://www.debtconsolidationcare.com/paydayloan/illegal-pdl-dealings.html

I agree with Savion. The contact detail of the California Department of Corporations is as follows:
# Address - Financial Services Division, 1515 K Street, Suite 200 Sacramento CA 95814
# Phone - (866) 275-2677

discount advances $1050
american web loan 900
advancemetoday 1000
four season's cash 350
zip19 $810
eastside lenders 1000
great plains lending 500
loan shop 500
vandelier group 300
Vista group 300

I have read some info that states they have limitations in California.
I'm not too sure how to go about it.
PLEASE guide me or give me some info.
Thank you

all of these are illegal in CA.meaning not only do owe just the principle,but anything debited until now gets deducted from that.example:

you borrowed 1050 from american web loan a tribal scum lender.they debited 1250 so far.they actually owe you 200.00.get the idea.now you really need to go to the sticky titled(dealing with illegal lenders)at the top of the paydayloan help forum.follow every step,and don't skip steps.the first being to close your current account,and open a new one.do that and look into how much these illegals debited thus far.you might be suprised at how little if anything you really owe to these places.

Remember that the limit for PDL's in California is $300. ($255 to you with a $45 fee). Anything over that is illegal.

I went to my bank yesterday and attempted to close my account, the representative said he would mark it as closed but it would take several days or weeks for it to close completely. I explained the situation and he said they are not able to block ACH transactions. and I would be responsible for any fees. I said I was actually sending these lenders a letter not authorizing ACH transactions. He said I would have to contact the fraud department if they do run the ACH.

I emailed the following letter w/ a couple of changes:

This letter is to inform you that I am aware of the FACT that the loan you issued to me, is NOT legal or binding in my state. For your convenience, I have included my state payday loan laws below.


[COLOR=indigo]Under California law, the maximum loan amount a consumer can borrow in a payday loan is $300. The maximum fee a payday lender can charge is 15% of the face amount of the check (up to a maximum of $45).[/COLOR]
[COLOR=indigo]Please refer to California Financial Code Section 23000 et. seq[/COLOR]

The state of California requires Internet payday lenders to be licensed in MY state. I have already researched this information, your company does NOT have a license to lend in the state of California, if I am mistaken I will need proof in the form of a license number so that I may verify it with my Attorney General. I am bound by the state laws where I reside. As I have no presence in your state, therefore I have no legal obligation to the 'governing laws' you may have detailed.


Be advised that as of today (October 20,2011) I am revoking ANY and ALL ACH authorizations with your company from debiting any AND all of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I also revoke ANY and ALL wage assignments I may have signed, by you, including but not limited to; any of your affiliates, dba's, and collection agencies assigned to this account. None of the above no longer have my permission to access my accounts or impose a wage assignment.


I will only communicate to resolve this matter via email. If you ignore this notice and attempt to contact me or any of my references via telephone, you will be ignored and any payments owed will be delayed. In going through my bank records I show I have loaned with East Side Lenders several times. On 2/25/11 $1000 paid off loan on 5/10/11. After fees and princinpal it was $1,620; $470 over my state laws. I have an active loan right now that I got on 10/13/11 for $1,000. Under my state laws fess should not be more than %15 of the face value. Considering I have overpaid on SEVERAL of my loans in fees, I would appreciate it if the $470.00 extra I paid on my 2/25/11 loan, go towards the principal on my current loan. Contact me via email so further arrangements can be made for the remaing balance of $680.00

If you do NOT reply to this notice within 48 hours I will be forced to file complaints with my Attorney General Kamala D. Harris, the BBB and the Federal Trade Commission. If you reply to this notice with any misleading legal implications or menacing course of actions you are unable to follow through with, I will be forced to take actions against you which could cause you to lose your license in your state.

This particular lender responded:
[COLOR=#333399]East Side Lenders is responding to your correspondence regarding the above-captioned account. [/COLOR]
[COLOR=#333399]East Side Lenders, which is located in Delaware, is licensed by the State of Delaware to make small loans. All such loans are approved and funded in Delaware, with repayment to be made in Delaware. The East Side Lenders loan agreement and website contain all disclosures required by Delaware and federal law and make it clear that all transactions are governed by Delaware law. On the advice of counsel, East Side Lenders maintains that the choice of Delaware law as controlling in the loan documents would be upheld, as all of the significant contacts in the loan transaction occur in Delaware. The loan agreement is legal and enforceable. In responding to your correspondence, East Side Lenders notes and reserves all available legal and equitable objections to the points you have raised.[/COLOR]
[COLOR=#333399]East Side Lenders provided this service as a convenience to you. We still consider your loan to be outstanding and are prepared to go to arbitration as provided for in the Loan Agreement between us. As an alternative, if you are experiencing financial hardship, we will be happy to speak to you about payment arrangements through which you can successfully meet your payment obligations. East Side Lenders will consider doing so because of our continuing commitment to servicing our customers and not because of a legal obligation to do so. [/COLOR]
[COLOR=#333399]Should you have any further questions regarding this matter, if you wish to speak about payment arrangements, please contact us at (800) 689-5603.[/COLOR]
[COLOR=#333399]Sincerely,[/COLOR]
[COLOR=#333399]Customer Service[/COLOR]

THIS IS THE RESPONSE I GOT FROM ADVANCEMETODAY.COM

Thank you for contacting us.

Please be aware that this is a St. Vincent company, St Vincent and the United States are both parties to the General Agreement on Trade in Services, a treaty which specifically permits companies in one country to make consumer loans to citizens of the other.

Under the treaty, we are only obligated to follow the federal laws of the United States. We are not required to obtain state licenses and individual state laws do not apply since the federal laws adopting this treaty supersede any state's laws on the subject.

If there is anything else we may do for you do not hesitate to contact us again.

Regards,

Customer Service Department
Advancemetoday.com

888-408-4394
888-660-2984 (Fax Number)

customersupport @ advancemetoday . com (In order to send any documents remember to add Loan# on the subject line)

This is a standard response. Just stick to your guns and keep informing them that regardless of their claims, you know your state's laws prevail. Demand refunds and PIFs as necessary :)

What do I do about my bank account? I have put a stop to directdeposit on my account. Should I just wait and see if they try to push the ACH?
I already filed with the FTC, just on the ones I have open now.
Should I try contacting previous PDL companies for reimbursement of overpayment?

to close that account see the bank manager.nobody else.they should be able to reroute your DD to the new account.if they can't do that then get a live check for a couple of weeks,but these places must not be sent a thing until you close/secure your account.i have dealt with a couple you have and they will debit you and bleed the account dry if you inform them of what you now know and the account is still accessible.

Thank You so much for all your information, PaulMergel. Which of the lenders have you had an issue with? I have emailed them all twice and will be faxing over the same letter that was emailed and I will be attaching bank statements to "prove" all the monies that have been taken from my account illegaly. Would it be a good idea to send over my state laws?
Would you recommend that I also contact lenders I had used over a year ago and seek payment fees?

discount,eastside,and zip19.they were a pain in the a$$ deluxe.however i had the account closed and emailed after the debits didn't go through.that is why i always advise to send the emails/letters after the account is closed/secured.btw those places did try multiple debits after the letters were emailed.

They can totally close your account and open a new one! I know, because I am also in Cali and my bank did this for me.
Your account could be put on a 1-day hold, which means that anything hitting it would be delayed by one day as it would have to be approved by you, but this is OK.
Don't take no for an answer. Go to the bank manager if you have to, but trust me, they can do this.

Bank of America sucks. I went in and was not able to speak to a bank manager. The representative said it would take a few weeks for the account to close. I explained my situation to him and he said he would just advise me to file a fraud report .... One of the lenders has made arrangements for me to finish paying the principal, which I had every intention of doing. Another lender has applied my fees towards my principal so therefore I only have to pay a remaining balance and they have made payment arrangements for me. Some of the lenders are arguing w/ me that the loan was generated in their state and the CA laws do not apply. I am still going back and forth with them. I have filed w/ the BBB and the FTC... Drafts are suppose to go through tomorrow and I'm sure my account is going to accumulate all these ridiculous fees. But I am ready to battle this.
What were the final outcomes are mutual lenders????

eastside,zip19,and americanwebloan are just three that are claiming CA law doesn't apply.well they are stupid,and wrong because it does.don't back down.now you might have to fill out those fraud reports as BSof A is also an evil bank that really doesn't give a hoot about the everyday person.you do whatever you need to to get any fees refunded if the morons won't close the account right away.

I checked my account and I don't have any fees as of yet.... One of the lenders was really helpful and we settled before I actually filed the reports w/ the FTC & BBB, however the representative did state something bout a VIRTUAL PORTAL, and that the CA laws wouldn't apply... I didn't say much since they were willing to settle my account. I still haven't heard from any of the lenders.
My direct deposit was cancelled on time so it didn't hit my account.
I will keep everyone posted.
Thank you very much for all your help

Just spoke with Ashley from American Web Loan regarding the complaint I sent in to the BBB.... Of course she stated to me the whole they are license and governed by their state. I have loaned with them before so I OBVIOUSLY knew what their terms and fees were..... Why now contact the the BBB..... I stated to her I did that after they never responded to my emails revoking ach transactions. She said I couldn't do that and I had to provide another form of payment;l which when I spoke to Marie Rivera I did. I stated to her that after speaking to the California Department of Consumer Services they advised me not to continue making payments because they are ILLEGAL in the state of California. Ashley said that I've loaned w/ them MANY times before (which I have before becoming aware of my state laws) and doesn't understand why file a report now. Bottom line she is sending my account to FEDERAL LAW GROUP and I will have to deal with them.
Has anyone heard of this Federal Law Group. Should I call the California Department of Consumer Services office?????????
HELP

She's trying to scare you. She's wrong.

You need to figure out how many times you've loaned with them and add up all the money you paid over and above principal on every loan. Then ask for a refund :)

I closed with BOA last week and the only thing holding up the closing of the account was pending transactions from that past Friday..once they cleared BOA closed my account and set me up with a new account, temporary checks and a check card.

Last night I received an email alert from BOA with over 1500.00 the payday lenders tried to take out and no fees accessed on the old account. I haven't heard from any of them yet since I sent the letters.

Glory:D

that is why we always advise to close/secure your account before sending the letters.that is also why you haven't heard from them yet.they tried one last time to bleed you and it failed.when the nonsense starts let us know as we can help with that as well.

I just got a call from a Juan Garcia from National Debt....800-542-1048 regarding a "contract" I broke. I told him I had specifically told Ashley not to call me at work and I would not be talking to them regarding this matter at the moment. I will give him a call once I am off.
I need some advise on what to tell them when I call them

Tell him to send you something in writing.

i googled that and it came up as NCA(national credit adjusters)a real nasty bottomfeeder.do as ohiogal advises,but if they threaten,or are rude in any way file a police report as they love to use scare tactics and threats that have no teeth.as far as the works calls go.just hang up without a word.let others there know this is a fraudulant place and to hang up as well.a lawbreaking slime collector.

just received this from one of the paydayl loan companies.


[FONT=Times New Roman]
[LEFT]RELEASE[/LEFT]
[/FONT][FONT=Times New Roman][LEFT]THIS RELEASE (???Agreement???) is entered into as of the ___11th__ day of November
2011 by and between Camden Marketing, Isle Ventures, and Eagle Capital Holdings, Delaware
limited liability companies (the ???Companies???), and Dorina Gonzalez (the ???Borrower???).
WITNESSETH:
WHEREAS, the Borrower and the Company entered into the certain Loan Agreements
dated (the ???Loan Agreements???) and other
documents related thereto; and
WHEREAS, in connection with the transactions contemplated in the Loan Agreements,
the parties desire to execute and deliver this Agreement.
NOW, THEREFORE, the parties hereto, in consideration of the premises and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by all
parties, hereby agree as follows:
1. Release.
(a) Release by the Borrower. The Borrower, for herself and her present and
former agents, predecessors, shareholders, directors, officers, employees legal
representatives, descendants, spouses, successors, predecessors, agents, attorneys and
assigns (collectively, the ???Affiliates???), does hereby fully release and forever discharge the
Company and its Affiliates from and against any and all claims, demands, obligations,
causes of action, actions, suits, controversies, debts due, sums of money, trespasses,
privileges, covenants, contracts, agreements and promises and any damages, costs,
expenses, attorneys??? fees, obligations and liabilities of whatever kind or nature, at law, in
equity or otherwise, whether asserted defensively or offensively, whether known or
unknown, that any of such parties ever had, now has or may have, but only to the extent
arising or occurring from or in any way growing out of facts in existence or alleged to
have been in existence on or prior to the date hereof (collectively, the ???Released
Claims???).
(b) No Suits. The Borrower (for herself and her Affiliates) hereby covenants
and agrees that they have not directly or indirectly, alone or with others, brought,
commenced, instituted, maintained, prosecuted or voluntarily aided, and that they will not
directly or indirectly, alone or with others, bring, commence, institute, maintain,
prosecute or voluntarily aid, any action, at law or in equity, or any other proceeding
against the Company or its Affiliates, either affirmatively or by way of cross-complaint,
third-party claims, defense or counterclaim or by any other means with respect to any of
the Released Claims.
(c) No Claims Assigned. The Borrower (for herself and her Affiliates) further
represents and warrants that they have not assigned or otherwise transferred any right,[/LEFT]
[/FONT][FONT=Times New Roman][SIZE=1][FONT=Times New Roman][SIZE=1][LEFT]Page 2 of 4[/LEFT]
[/SIZE][/FONT][/SIZE][/FONT][FONT=Times New Roman][LEFT]title or interest in any of the Released Claims. The Borrower further agrees to indemnify
and hold the Company and its Affiliates harmless from and against any claims resulting
from any such assignment or transfer.
(d) Complete Defense. The parties hereto agree that this Agreement may be
pleaded as a full and complete defense to, and may be used as a basis for an injunction
against, any action, suit or other proceeding which may be instituted, prosecuted or
attempted in breach hereof.
2. Non-Admission. The parties agree that nothing in this Agreement is an admission
by any party hereto of fault, liability, of any unlawful act or breach of contract, violation of
applicable law or commission of a tort, all of which are expressly denied.
3. Entire Agreement. This Agreement contains the entire agreement between and
among the parties hereto with respect to the subject matter hereof and supersedes any and all
prior agreements, arrangements or understandings between the parties hereto relating to the
subject matter of this Agreement.
4. Successors and Assigns. This Agreement is and shall be binding upon and inure
to the benefit of the parties hereto and their respective successors, assigns, administrators, legal
representatives, servants, directors, officers, employees and agents.
5. Amendment; Waiver. This Agreement may be amended only by a written
instrument signed by the parties hereto. No provision of this Agreement may be waived orally,
but only by a written instrument signed by the party against whom enforcement of such waiver is
sought.
6. APPLICABLE LAW. THIS AGREEMENT, AND THE RIGHTS AND
OBLIGATIONS OF THE PARTIES HERETO SHALL BE GOVERNED BY AND
CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF MISSOURI, WITHOUT GIVING EFFECT TO THE CONFLICTS OF LAW PRINCIPLES
THEREOF.
7. Representations. All parties warrant and represent to all other parties to this
Agreement:
(a) that they have read and understand all aspects of this Agreement, and all
of its effects;
(b) that they have executed this Agreement as a free and voluntary act of their
own free will without any treat, force, fraud, duress or coercion of any kind; and
(c) that they will not disclose the existence, or the terms, of this Agreement to
any third party.
8. Invalid Provisions. If any provision hereof is held to be illegal, invalid or
unenforceable, such provision shall be modified to the extent necessary to render such provision[/LEFT]
[/FONT][FONT=Times New Roman][SIZE=1][FONT=Times New Roman][SIZE=1][LEFT]Page 3 of 4[/LEFT]
[/SIZE][/FONT][/SIZE][/FONT][FONT=Times New Roman][LEFT]enforceable and, if necessary, shall be fully severable; this Agreement shall be construed and
enforced as if such illegal, invalid or unenforceable provision was so modified as of the date
hereof, or never comprised a part hereof, as the case may be, and the remaining provisions hereof
shall remain in full force and effect and shall not be affected by the illegal, invalid or
unenforceable provision.
9. Counterparts: Facsimiles: This Agreement may be executed in multiple
counterparts, all of which, when combined, shall constitute one (1) agreement. Facsimile
signatures shall be effective.
[/LEFT]
[/FONT][FONT=Times New Roman][LEFT]IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
BORROWER:
_________________________________________[/LEFT]
[/FONT]

I've been on my wonderful Department of Corporations website and I came across this information regarding www.advancemetoday.com

It's a Desist and Refrain Order from the State of California - Department of Corporations

http://www.corp.ca.gov/ENF/pdf/2011/LendersInternational_DR.pdf

What do I do now?
They owe me ALOT of money if they are to reimburse CA residents

first was that release a PIF?if so are you due a refund?if so also respond this way.

i'm not signing anything.you are illegal in CA and besides that i did not have to sign diddly when you illegaly lent me so now why are you concerned about legalities?again not signing a thing.

as for the cease and desist.you addressed this on other threads.this is an illegal lender,and always has been.i doubt you will see a dime,but you can press them on it yourself.can't hurt.

Loan Shop online is going to send me a refund for $690 & Eastside Lenders has "cancelled" my loan and marked it as PIF.

I am going to press Advancemetoday.com since they owe me a lot of money. I'm not going down w/ out a battle

American Web Loan said they are sending me to collections, I got a letter from the department of corporations stating they are working on my complaint.

I will see what happens. I will for sure keep you posted. :)

awesome on the refund.do keep us posted on the others please.

The refund from Loan Shop online went through today (yay!)

The FTC is now handling my complaint against American Web Loan

Today I received an email from Sacramento regarding The VIP Loan shop, my case is being worked on. I had previously loaned w/ them and I'm seeking a re-imbursement. (good luck to me)

Yesterday I received a letter from National Credit Adjusters stating that my account was purchased from Vista Holdings Group and that they now own the account and they are not collecting for Vista but for NCA.....
I have 30 days to respond to this notice...
----any suggestions on what to do?----

Ok soooo, Advancemetoday.com got a D & R letter on Septermber 20, 2011; I obtained a loan from them on September 29, 2011 (not my first loan w/ them)

I emailed the Department of Corporations Enforcement Division:

[COLOR=blue]I have obviously obtained several payday loans online over the past 2 years, I was never aware of what CA laws were regarding differed deposits until recently, once I became aware I started contacting the lenders to make arrangements for payments only on the the principal borrowed because they are not licensed in CA.

This morning I spoke w/ a representative from Advancemetoday.com's recoveries department and I mentioned to them that there was a Desist & Refrain letter issued to them on September 20, 2011 from the state of CA.

The representative said, I've loaned w/ them before and if I am stating that I am not going to pay the loan they are going to pursue further action.

My question to you is, do I pay the principal borrowed or let them "pursue further action" ?
[/COLOR]
[COLOR=blue]My email was forwarded to the Corporations Counsel: [/COLOR]
[COLOR=blue][COLOR=#000000][/COLOR][/COLOR]
[COLOR=blue]Thank you for your email inquiry. To answer your specific inquiry would require that this office provide legal advice to you regarding your matter. Please be advised that this office is unable to provide legal advice. Please retain your own private attorney to assist you with your financial matter. Thank you for your inquiry.
[FONT=Tahoma][SIZE=2][/SIZE][/FONT]
So I responded:
[COLOR=#000000][/COLOR]
Thank you for your response, I appreciate your input.
I've got one further question, what is the purpose of the D & R ?

I'M WAITING FOR A RESPONSE, BUT REALLY? THAT'S WHAT THEY ARE TELLING ME. SHOULDN'T THEY INFORCE THE D & R?
[/COLOR]

So out of all the pay day loans that I previously had I am still dealing with:
DiscountAdvances.com (department of corporations is already investigating)
Advancemetoday.com
AmericanWebloan.com
Zip19.com
Great Plains
Plain Green
Vandelier (these have been the worse people I have EVER dealt with)

I really can't wait for this mess to be over.
Has anyone had a positivie outcome w/ any of these lenders????