Help with Everest Cash Advance PLEASE
Date: Sun, 02/05/2012 - 07:53
On 8/31/11, I took out a payday loan for $200 with Everest through the Internet. They were supposed to take out $230 on 9/9/11, but didn't. Soon enough, I didn't have any money to spare, so I let it go. I should've been suspicious because they never sent any paperwork....Since then, they've taken out up to $70 every two weeks. Last week, I figured since I had my tax refund, I'd pay them off. That's when I decided to do some research, and found out the whole thing was illegal in Minnesota, where I reside. In MN, they can't charge more than 7% interest plus a $5 fee, no rollovers are allowed, and Everest is NOT licensed per state requirements. Fortunately, I'd found your website, so my husband and I contacted the bank, which will block access from Everest (my husband didn't want to close our account, but has agreed that if the block doesn't work, then we will close it). I also notified my employers and they were VERY supportive; I gave them the wage garnishment revocation letter, and they will not allow calls from Everest to go past the front desk except to my direct line. (Basically, Everest will be told they can only deal with me.) Then, I sent the following email to Everest:
"It has come to my attention that payday lenders must be licensed by the state of Minnesota in order to offer loans to its residents. Since your company has no license in my state, the loan contract I have with you is not valid. Even companies making payday loans made over the Internet are subject to state licensing in Minnesota, no rollovers are allowed and payday loans cannot be extended past 30 days, and finally, the allowable interest rate is capped at 7% plus a $5.00 fee. Although I am not legally required to do so, I am willing to repay the principal balance of this loan. To date, I received a deposit of $200 on 8/31/11, and have had 11 bi-weekly withdrawals totaling $645 debited from my account. Less the 7% (which is $14.00) and the $5.00 fee, this results in an overpayment of $426.
At this time I am requesting a return email acknowledging that my loan has been paid in full. Also, I would like a refund of the $426 overpayment. A refund check of $426 should be mailed to me at the address you have on file.
I am also revoking authorization for ACH withdrawals and any wage assignment I may have signed. I have given a copy of these revocations to both my bank and my employer. Any future attempts to collect funds in this manner will be blocked.
Please respond to this email with acknowledgment that my account has been satisfied in full. Details of when I can expect the refund check, as discussed above, should also be included in the email."
This was sent on 1/30/12, and now, Everest has sent this to me today:
"Thank you for being a Everest Cash Advance customer. Your loan of 140.00 from Everest Cash Advance is due on 02/10/2012. You have 3 options for your convenience to choose from:
1. Extend the loan. In this case, we would just collect the finance fee of 42.00 on your due date. You do not have to notify us if you will be extending the loan, as we will do it for you automatically.
2. Pay back the loan of 140.00 in full plus the finance fee of 42.00 on the due date. Please send us an e-mail at [email]customerservice@everestcashadvance.com[/email] or call us at 866-794-3244 and notify us by 5 PM CST three daysprior to your due date.
3. Pay back a portion of your loan and your finance fee of 42.00. This is a convenient way to pay back your loan over a longer period of time and reduce your fees. Please send us an e-mail at [email]customerservice@everestcashadvance.com[/email] or call us at 866-794-3244 and notify us by 4 PM CST three daysprior to your due date.
* On your 5th due date your loan will automatically pay down by 5% of the original principal balance plus the finance fee, and will continue to pay down by 5% of the original loan amount in addition to the finance fee on each following due date until the loan has been successfully paid off.
Based on the option you have chosen, please make sure the money is available in the bank account listed in your application on 02/10/2012 to avoid incurring any additional fees.
If you have any questions or need any further assistance, we are here to help. Do not hesitate to contact us by e-mail at [email]customerservice@everestcashadvance.com[/email] or by calling 866-794-3244."
So, could anyone please advise me on my next move? They've never sent anything like this before....
Thank you so much!
Amy
Resend your original letter.....they aint listening.....
Resend your original letter.....they aint listening.....
Thanks, SOAPLADY! I'll let you know the results. Amy
Thanks, SOAPLADY! I'll let you know the results.
Amy
Did you get a response from Everest? I dealt with them about 2
Did you get a response from Everest? I dealt with them about 2 months ago. I revoked ach privileges. I couldn't close my account at the time due to it being negative. However, that next morning I looked at my account and they had debited the full principle amount from my account. I called and spoke to a supervisor and was told that they don't have to notify me of the debit because I was refusing to pay my loan.
Not Yet....
The "loan" is due tomorrow, and we've revoked ACH and blocked them through our bank....We're monitoring the account constantly, and the minute they try to debit, we'll notify the bank. This is going to get interesting, and not in a good way, I think.
Strange
Well, they sent me a nasty email when their debit got returned by my bank, and that they were going to resubmit the debit the next business day, so I sent my original email back for a third time, telling them they're obviously not paying attention. Then, I closed my account and opened a new one. Didn't hear anything back, and when I went to my account on their website, it said I no longer had a loan with them. I'm hoping this is the end of it, but we'll see. In the meantime, a very nice lawyer from the Minnesota Attorney General's office got in touch with me (I checked him out before I called him back), and he's sending a letter to my bank to see if some of the charges can be taken off. If they'll do it, great. If not, I learned an expensive lesson.