HELP in Wisconsin!!!
Date: Wed, 02/15/2012 - 19:07
I noticed in my email, under spam, that two companies, TIOR and Vandalier, sent me notifications that I was "approved" for a $200 loan. I didn't think anything of it and deleted them both.
2.5 weeks later I received a letter from my bank informing me that I had two $60 withdrawals along with overdraft fees. I contacted my bank immediately to find that both TIOR and Vandalier had deposited $200 each into my account.. I closed my account and left it at that.
I contacted both TIOR and Vandalier explaining that I never agreed to the loans but they said I did with an electronic signature and that I owed them said monies immediately. TIOR was somewhat reasonable and said if I come up with the $200 in a 4 days they would close the account and forget about it, Vandalier not so much.
I could not come up with the money and around mid January of this year Vandalier's "legal department contacted me saying they were filing a class action lawsuit against me and I would be sued and charged with internet fraud along with two other charges so I paid their "attorney's office" $400 to resolve the matter along with a $6.95 fee for recording the phone conversation of agreement to pay $400. Settled and done..
Today a person contacted (by phone) both my work and I threatening to "serve me papers" unless I contact the number provided immediately. I did and a computer answered "National" asking for ext. #. I entered the ext. # and it directing me to yet another "legal department, this phone call will be recorded" a Lady then explained to me that I need to pay $570 Immediately or I will be sued for $11'000 to $12'000 dollars after court and lawyer fees upon TIOR's request. We spoke for a while and she transfered me to their "attorney", who then said if I will pay $350 by Friday Feb. 17, 2012 that the matter will be resolved.
I don't have $350 to give them by Friday and after doing a little research online I don't know if want to pay them the $350...
I live in Wisconsin.
Was this legal?
Should I pay the $350 for TIOR?
Should I ask to be refunded the $200 from Vandalier?
I have 1 day to figure this matter out, any help would be greatly appreciated!
WHAT SHOULD I DO!?!?!?!?
I don???t think the above pdl companies are licensed in Wis
I don???t think the above pdl companies are licensed in Wisconsin. They are trying to scam you. You have done a mistake by paying them. Contact with Wisconsin Department of Financial Institutions to make sure whether or not they are licensed in your state. If not, then they won???t be able to take any legal action against you.
Tior Capital
I am also in Wisconsin, and and made the decision to close my bank account and deal with these illegal lenders. I did some research, and Wisconsin law does not allow unlicensed lenders, even if they are online.
I just sent Tior a letter myself. You can find their address on this forum. Pay them the principal, and that is all, on your terms. Send them a cease and desist if they harass you. They really can't do anything as they are an illegal lender in Wisconsin.
Don't pay anyone a penny. Normally I recommend repaying the
Don't pay anyone a penny.
Normally I recommend repaying the principal on these illegal loans. The next time these people call you, tell them you're aware it's a scam, you're filing a police report and they aren't getting a penny. Then hang up the phone and do NOT talk to them again.
Then file a police report using the number they called you from.
Then tell your friends and family members that if they receive a call to ignore it because it's a scammer.
Thank you all for your help and support! I will not pay any moni
Thank you all for your help and support! I will not pay any monies to TIOR Capitol and will be filing a police report for National Litigation...
As far as Vandalier, I will be following the steps provided in another forum:
http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html
And will demand a refund of the extra $200 dollars paid for the said loan I received.
I have contacted my employer and let them know National Litigation will probably harass them and if they continue to do so, they should also file a police report.
Wisconsin Statute 138.14
I found this on the Wisconsin.gov website, statute 138.14. I believe all of these laws are newer in WI:
under Licensing:
License required. A person may not originate or service a payday loan involving a Wisconsin resident without first having obtained from the division a license under sub. (5) for each place of business at which the person originates or services payday loans involving Wisconsin residents. Such a license is required for, and this section applies to, all payday loans made to a Wisconsin resident, regardless of whether the loan is made by face-to-face contact, mail, telephone, Internet, or any other means.
Under Penalties:
If a person who is not licensed under this section makes a payday loan to a customer, the loan is void, the customer is not obligated to pay any amounts owed on the loan, and the customer may recover from the person all amounts the customer has paid to the person. An action to recover such amounts shall be commenced within one year after the date of the last scheduled payment on the loan or shall be barred.