Some guidance with some Illinois PDLs
Date: Thu, 02/23/2012 - 08:11
Pepper Cash: $500 loan, pay back with interest was $701.50. I've made 2 "renewal" payments for them. One in the amount of $201.25 and another in the amount of $301.25. As far as I am concerned they are paid off. I've emailed them with no response.
United Consumer Financial Services aka: Ezpaydayvash: $200 loan, payback with interest was $260. I've made 2 renewal payments. One for $45 and one for $110. As far as I'm concerned I owe them $45. I've emailed with no response.
USA Cash Express: $300 loan. $390 payback. I've made 3 payments, all in the amount of $90. As far as I am concerned I only owe them $30. I emailed them and did get a response. Here is what they said:
[COLOR=black]***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.[/COLOR]
[COLOR=black]How do I respond to this? [/COLOR]
[COLOR=black]CK Marketing: $300 loan. $390 with interest for payback. I've made 2 renewal payments. One for $75 and one for $140. As far as I am concerned I only owe them $85. Emailed and no response.[/COLOR]
[COLOR=black]MB Marketing: $300 loan. Same situation as CK Marketing. [/COLOR]
[COLOR=black]I've followed all of the steps. Revoked all ACH. Wage assignment revocation at work, etc. [/COLOR]
[COLOR=black]Are there any suggestions or does it some as though I'm doing just fine? [/COLOR]
You're doing great! Your figures are correct. As far as USA,
You're doing great! Your figures are correct.
As far as USA, simply respond that their contract is void and unenforceable and that your state's laws apply in this matter. Then you can reiterate the info from your original letter.
I've had some correspondance from USA Cash Express. Here's my re
I've had some correspondance from USA Cash Express. Here's my reply that I sent them after the generic copy and pasted response earlier:
"
[COLOR=#1f497d][FONT=Calibri]Thank you for your response. Being that I am not in your state, I am not required to follow your laws and there are no Federal laws governing payday loans. As stated previously, in order for a payday loan company to do business with citizens of the state of Illinois, they must be licensed in the state, which your business is not. In addition to that, no lender can charge more than $15.50 per $100 borrowed. Any violation of those payday loan laws (among several others) is a violation of the Illinois Consumer Fraud Act. Your contract is unenforceable and void. My payment offer still stands. Any rejection or attempt to alter my payment plan will result in your business being reported to the Illinois Attorney General???s office, Trade Commission and any other state agencies I see fit. "[/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black][/COLOR][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri]They then responded with:[/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][SIZE=3][FONT=Arial]"[COLOR=black]You are still liable for the loan in full according to the contract that you agreed to at the inception of the loan, If the funds are not available accounts receivable will be contacting you regarding payment. I apologize for any inconvenience,"[/COLOR][/FONT][/SIZE][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black][FONT=Times New Roman][/FONT][/COLOR][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black][FONT=Times New Roman]I came back with: [/FONT][/COLOR][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black][FONT=Times New Roman][/FONT][/COLOR][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black][FONT=Times New Roman]"
[COLOR=#1f497d][FONT=Calibri]As stated before, the contract is void and not enforceable under Illinois law. "[/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][FONT=Arial][/FONT][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri]And they're response:[/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri]"[COLOR=black]Please re read your contract. You are liable I apologize. "[/COLOR][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black][FONT=Times New Roman][/FONT][/COLOR][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black]to which I replied:[/COLOR][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black][FONT=Times New Roman][/FONT][/COLOR][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black]"Re-reading the contract does not change the fact that the contract is void and not enforceable in Illinois. My offer still stands."[/COLOR][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black][FONT=Times New Roman][/FONT][/COLOR][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black][FONT=Times New Roman][/FONT][/COLOR][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black]Sounds like I'll be fighting this one for awhile. [/COLOR][/FONT][/COLOR]
[COLOR=#1f497d][FONT=Calibri][COLOR=black][FONT=Times New Roman][/FONT][/COLOR][/FONT][/COLOR][/FONT][/COLOR][/FONT][/COLOR]
USA Cash Epress
Hello, I am also dealing with this low life bottom feeding company. I have paid them well over $700 in fees alone for a $350 loan. the original loan was with Payday Loan Yes.
They called my work number today. I have already told them 4 times in writing not to. I told "Tim" (who also sends emails under different email addresses) that he may not call me at work and hung up. He called back 1 minute later from another caller ID and was quite rude. He said if I don't want to be called there then don't list the number. Then he hung up. 2 minutes later I get an email from "karen@pay-day-loan-yes.com" and it's actually from Tim. Says there is a problem with my checking account. Oh, and he emailed me yesterday from [email]tim@usacashexpress.com[/email]."
They have tried to hit my closed bank account 6 times now. What a bunch of fraudsters! I have sent the ACH revocation 4 times now.
I replied to Karen aka Tim that they are not to harass me and sent them the link to the FTC debt collection laws. Then I sent the whole thing again regarding their illegality and the fact that they actually owe me money.
I don't know if I have the strength to deal with these people. An online search shows that they are really a horrible company that breaks every law in the book regarding payday loans and debt collection.
Why haven't they been shut down??
How has your experience been with this lovely company? any thoughts on how to get them to CEASE and DESIST?
Thanks!