logo

Debtconsolidationcare.com - the USA consumer forum

Need Help to find out if these IPDL is illegal.

Date: Fri, 02/03/2012 - 17:43

Submitted by pchau415
on Fri, 02/03/2012 - 17:43

Posts: 15 Credits: [Donate]

Total Replies: 26


Hi All,

I'm not sure where is my first post but i'm rewriting all over again and hopefully some expert can help me with my internet payday loans. I live in California and i have a lot of payday loan out right now. I mostly paying interest right now and i'm head over heal. I need expert advice. Im wondering if the below internet is legal in California.

IPDL Loan amt Paid

Advance Me Today 900 1130
FourseasonCash 970 578.52
Galaxy Marketing 900 1080
Cash yes 1200 1200
Bigskycash 600 720
Bottom Dollar 800 960
VIPLoanShop 700 840
Action Payday 500 600
St. Armands Group 300 270
LLS America 500 525
Itsmypayday 700 350
Cash Cure 600 318
Spektrum 500 318
Paydayyes.com 400 120
PlainGreenloan 800 246.92


Please Help

Peter


Obviously ditchdebt doesnt know how to answer a question or help you resolve your debt.

Go to this link...http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

Read the CA laws....for starters you can only have one loan at a time and rollovers are not permitted.

Many of your loans are illegal...way more than ditchdebt has indicated. Go to the website of each loan...look for where they are located. Sometimes the information is buried in terms and conditions. If the lender is located offshore or is tribal, it is ILLEGAL. If they are rolling over loans, THEY ARE ILLEGAL. If you cannot find out yourself by location if they are illegal, go the the California contact information in the above link and call them .

As for dealing with the illegal lenders, read Ohiogals instructions.
http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html


lrhall41

Submitted by SOAPLADY on Sun, 02/05/2012 - 21:49

( Posts: 17315 | Credits: )


i can't one legal lender in that bunch so that being said.here is a breakdown for you

lenders who you overpaid

bottomdollar
VIP loanshop
action payday
galaxy
advancemetoday
LLS
big sky

lenders who you still owe

four seasons
st.armands
itsmypayday
cash cure
spektrum
payday yes
plain green

now those you only owe the principle so you owe much less than that on these.

you paid cash yes on the barrelhead exactly.

follow the link SOAPLADY gave you and close your account first and foremost.


lrhall41

Submitted by paulmergel on Mon, 02/06/2012 - 06:12

( Posts: 15514 | Credits: )


Thank you to all,

I just closed my Bank Acct today. So all i need is follow the step that Ohiogal posted? Hopefully i can deal with these ppl and get them out of my back.

Peter


lrhall41

Submitted by pchau415 on Mon, 02/06/2012 - 16:59

( Posts: 15 | Credits: )


follow the sticky and use any template letters in there as well.keep us posted.we can help further.


lrhall41

Submitted by paulmergel on Tue, 02/07/2012 - 06:43

( Posts: 15514 | Credits: )


As Paul indicated, none of your lenders are licensed in CA.

You can look up CA licenses here.

You can also contact the California Department of Corporations to verify licenses.

California Department of Corporations
Financial Services Division
1515 K Street, Suite 200
Sacramento CA 95814
Phone: 866-275-2677


lrhall41

Submitted by OhioGal1 on Thu, 02/09/2012 - 06:23

( Posts: 5253 | Credits: )


Hi all,

I need some more help again. This is the email i received from Payday Loan Yes which aka First National Services/USA Cash Express.

Thank you for your concern.

***Governing Law 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 this Note and your account, forsaking any jurisdiction which either party may claim by virtue of its residency. ***You are liable for the loan in full according to the contract that you agreed to at the inception of the loan. I apologize for any inconvenience.

Thank you for choosing USA Cash Express.

What should i do now? Help!

Peter


lrhall41

Submitted by pchau415 on Fri, 02/10/2012 - 07:53

( Posts: 15 | Credits: )


Hi All,

I received my first response from Payday Loan Yes aka First National Services/USA Cash Express. I don't understand what it means. Please help.

Thank you for your concern.

***Governing Law 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 this Note and your account, forsaking any jurisdiction which either party may claim by virtue of its residency. ***You are liable for the loan in full according to the contract that you agreed to at the inception of the loan. I apologize for any inconvenience.

Thank you for choosing USA Cash Express.

What should i do from here? Help Please.

Peter


lrhall41

Submitted by pchau415 on Fri, 02/10/2012 - 08:01

( Posts: 15 | Credits: )


Hi All,

I received my first reponse from Payday Loan Yes aka First National Services/USA Cash Express. Please see below

Thank you for your concern.

***Governing Law 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 this Note and your account, forsaking any jurisdiction which either party may claim by virtue of its residency. ***You are liable for the loan in full according to the contract that you agreed to at the inception of the loan. I apologize for any inconvenience.

Thank you for choosing USA Cash Express.


What should i do from here? Please Help!
Thank you
Peter


lrhall41

Submitted by pchau415 on Fri, 02/10/2012 - 08:14

( Posts: 15 | Credits: )


I just received another response. This one is from AdvanceMetoday.

Dear Peter,

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
[URL="http://advancemetoday.com/"]Advancemetoday.com[/URL]

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

What is the next part i should do? Help!

Peter


lrhall41

Submitted by pchau415 on Fri, 02/10/2012 - 08:41

( Posts: 15 | Credits: )


illegal lenders try to play the"governing law"card.it's BS.your state law prevails meaning they are illegal and you should proceed as such.


lrhall41

Submitted by paulmergel on Fri, 02/10/2012 - 11:09

( Posts: 15514 | Credits: )


i stated that for your info.respond to the lenders this way.

since i am in fact a resident of california,and not your hole in the wall.that means california law prevails,and you are indeed illegal.

respond that way.


lrhall41

Submitted by paulmergel on Fri, 02/10/2012 - 11:45

( Posts: 15514 | Credits: )


I received a response from Big Sky Cash.


Thank you for your email regarding your loan with Big Sky Cash. We are happy to clarify the non-application of your State???s law to your loan with Big Sky Cash.
In your application for a loan, and in the Loan Agreement that you signed with Big Sky Cash, it is clearly noted that the terms of your loan are governed by the laws of the Cheyenne River Sioux Tribe. Big Sky Cash is not located in your state, and is not subject to its laws in any way.
AS per loan documents state:
This Loan Contract is subject solely to the exclusive laws and jurisdiction of the Cheyenne River Sioux Tribe, Cheyenne River Indian Reservation. By utilizing our website, you are conducting business on the Cheyenne River Indian Reservation, and subjecting yourself exclusively to the laws and jurisdiction of the Cheyenne River Sioux Tribe, a sovereign Native American Nation. By executing this Loan Contract, you, the borrower, hereby acknowledge and consent to be bound to the terms of this Loan Contract, consent to the sole subject matter and personal jurisdiction of the Cheyenne River Sioux Tribal Court, and further agree that no other state or federal law or regulation shall apply to this Loan Contract, its enforcement or interpretation.

What should say on this one? Doesn't seem to be working on all of the letter i sent to the PDL. Please Help.

Peter


lrhall41

Submitted by pchau415 on Fri, 02/10/2012 - 13:11

( Posts: 15 | Credits: )


illegal lenders will fight you,threaten you,and lie to you.that is what makes them illegal lenders.as for big sky."tribal"is just as illegal as a foreign pdl.resend your letters to all and keep resending.do not get down.you are doing fine.just know that the lenders again will lie,threaten,and fight you.they are illegal and know it.


lrhall41

Submitted by paulmergel on Fri, 02/10/2012 - 13:33

( Posts: 15514 | Credits: )


Paul,

So you want me to resend all the same letter again? Not even going to respond back to their email? I'm at a point that my head is about to explode.

Peter


lrhall41

Submitted by pchau415 on Fri, 02/10/2012 - 13:44

( Posts: 15 | Credits: )


you are just beginning here.everything that those emails contained was false and incorrect.so yes just resend your original letter.


lrhall41

Submitted by paulmergel on Fri, 02/10/2012 - 14:58

( Posts: 15514 | Credits: )


I think i got one PDL resolved. See below. Am i right? I hope i am. But i have a lot more to go. Ask Paul indicated above, i should resend all my letter again to the PDL. Also i have one question. Should i file a complaint asap to AG and FTC on all my Illegal PDL? Anyone else i should file complaint to?

Dear Peter:

I am writing on behalf of Cash Yes in response to your recent email. Cash Yes strives to assist consumers with their short term cash needs and is concerned that you were disappointed with your most recent experience. We have noted your request for no further communication by telephone.
Please be advised, however, that your loan was made pursuant to Cash Yes???s license in its home country of Belize under the International Financial Services Commission Act of Belize, Chapter 272. Cash Yes???s contracts, including the loan agreement you signed, clearly designate Belize law as governing its transactions and provide all disclosures required by Belize and U.S. federal law. Cash Yes has no physical presence in the State of California , and does not solicit California consumers via mail, telephone, or email; therefore, we are not subject to its regulatory jurisdiction. In order to obtain a loan from Cash Yes, a California consumer must log on to the internet and access Cash Yes???s website, just as you did. You received documents in conjunction with your loan fully describing how the finance fees are applied and your repayment options, and you agreed to these terms, including the applicability of Belize (not California ) law to the transaction, with electronic signatures in multiple places. Should you require another copy of your documents, or if you need clarification on points referenced in the documents, please contact us. A careful review of those documents should resolve your concerns regarding the terms applicable to your loan.
Notwithstanding the foregoing, we have agreed to settle the balance owed and have marked your account ???paid in full??? as of February 10, 2012. Cash Yes is taking this action without legal obligation to do so because of our ongoing commitment to customer satisfaction and for no other reason. We hope that this action on our part will resolve your concerns.
Thank you for the opportunity to clarify this matter and address your concerns.

Sincerely,

Cash Yes


lrhall41

Submitted by pchau415 on Mon, 02/13/2012 - 10:15

( Posts: 15 | Credits: )


Hi experts,

I just received a email from Plain Green Loan. Should i call them or should i communicate through email only?

Please be advised that this communication is for the purpose of collecting a debt. Any information obtained may be used to collect the debt. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Dear Mr. Chau:

Your correspondence has been directed to me for review.
We are sorry you are not satisfied with your Plain Green Loan. After reviewing your account history, we are willing to accept your payment plan as outlined in your previous email.
I ask that you please contact our Account Service Department to set this up, or contact me directly.
The balance for your payment plan is $553.08 - and as you asked, we can break this into 6 monthly installments.
In light of this, I would still appreciate the opportunity to discuss your concerns regarding the legality of this loan, as Plain Green stands as an Arm of the Tribe in the view of the United States state and federal courts.
If you would like to contact me directly, please feel free to do so at extension 2739. If I do not hear from you, I will consider this matter closed.
Thank you again for your time and consideration.

Need Help!
Thanks
Peter


lrhall41

Submitted by pchau415 on Mon, 02/13/2012 - 13:04

( Posts: 15 | Credits: )


yes cash yes marked you PIF.so as far as a refund goes they normally don't as most foreign pdl's don't now onto plain green.do you owe that amount as it seems kind of an odd figure.btw "tribal" lenders want your debit info.do not give it under any circumstance.make them give you an address to send the payments.another btw"tribal" is equvalent to foreign as they are not bound by US law,but we are not bound by theirs so only if you owe that amount and they furnish an address proceed.


lrhall41

Submitted by paulmergel on Mon, 02/13/2012 - 13:41

( Posts: 15514 | Credits: )


Hi Paul,

As for Cash Yes i did not request an refund due to the amount i paid was right on the dot. I am happy that one of PDL has been resolved.

As for Plain Green, the reason it's such an odd amount owe is because they charge interest by the cent. So i should just continue with my communication with them through email instead of calling them back?

I will be sending all my letter again tonite.

I have one PDL that i wasn't able to submit a letter to and their name is Spektrum. I can't locate a website for them nor an address where i can send the letter. Anyone know the email/address of this PDL Spektrum?

Thank you
Peter


lrhall41

Submitted by pchau415 on Mon, 02/13/2012 - 15:05

( Posts: 15 | Credits: )


okay.it's established that the amount is correct for plain green.now only pay with an address to send money orders.no debit,prepaid debit,or credit cards.no western union/moneygram unless the charge per trans gets deducted from the balance.as for spektrum.sorry,but maybe someone else can come up with that as i find nothing on them at all.


lrhall41

Submitted by paulmergel on Tue, 02/14/2012 - 06:11

( Posts: 15514 | Credits: )


Hi All,

I'm getting phone calls left and right. Cellphone and workphone. I'm not quite sure if i should pick up or not. I already send my revocation letter stating communication only thru email or US postal mail. It seems like most of the PDL didn't read my letters and just call. So what should i do when they call? Should i pick up the phone call. I know one of them is in collection already within a week of miss payment. Not really sure which company send it to Alliance Asset Management. Please help.

Thanks
Peter


lrhall41

Submitted by pchau415 on Thu, 02/16/2012 - 13:49

( Posts: 15 | Credits: )


try to block them from your cell if you can.as for the work calls.inform them you are not allowed calls at work and will not speak to them from there.hang up and keep hanging up.you are not obligated to talk to them period.now file AG complaints against all of your lenders,and alliance as they are a complete bottomfeeder.do that.


lrhall41

Submitted by paulmergel on Thu, 02/16/2012 - 15:01

( Posts: 15514 | Credits: )