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Pepper Cash ignoring my request for refund

Date: Sat, 03/31/2012 - 11:01

Submitted by ICH062
on Sat, 03/31/2012 - 11:01

Posts: 19 Credits: [Donate]

Total Replies: 8


After they have admitted they are not licensed in the State of California, they e-mailed me to let me know they have waived the balance ($438.75 on a $500 illegal loan AND after I had paid 1591.25 over the principle since 10-4-2011). This was the response I received Tuesday, 03-27-2012.

I immediately wrote back thanking them for that, but that I wanted my $1591.25 overpayment refunded. (I had written another PDL, CCS, and there was NO problem). To date, Peppercash has not responded with any validation or confirmation or rejection.

Question: Can I ask Wells Fargo (my bank) to refund me the money, and how do I go about doing that? Wells Fargo has refunded me fraudulent charges before, but this might be a little different since I had agreed to the loan and ACH payments before I knew Pepper cash were illegally loaning to California residents.

Another Question, regarding an installment loan I have with CashNetUSA...

If the contract shows it's an installment loan (yes, they are licensed in CA to grant installment loans), but each and every one of their ACH's show "payday advances", is this a payday advance or an installment loan?

I really appreciate all the help I can get. I've been searching the internet for two days, but I haven't found any information about the above.

Also, I do not believe CA usury laws apply in the case with CashNetUSA even though their interest is at 158.43%. Or does it? If CA's usury laws don't apply, then it's clear all loan sharks have to do is pay for the California Consumer Finance Lender license in this state and they can charge whatever they want!

I really appreciate everybody's help/opinion what is best to do in my case.

Thanks so much!!


Have you filed a complaint against PepperCash with the AG? Inform PepperCash in writing that you will be filing a complaint with the AG, the FTC and the BBB if they fail to respond and refund the amount paid over and above the ptincipal sum. As for CashNet, even though they say its an instalment loan, they are well within the interest cap set by CA usury laws for payday loans which is 459%


lrhall41

Submitted by StevenDoyle on Mon, 04/02/2012 - 00:39

( Posts: 199 | Credits: )


Oops! Forgot about the Attorney General complaint filing.

I've filed complaints against PepperCash with the BBB and FTC, but I haven't filed with the CA AG's office! Ugh! I've been filing so many complaints that I was going cross-eyed!

I will be notifying PepperCash today. It's a good thing PepperCash~Costa Rica, is now within our borders since 12/17/2011. That's when the loan was assigned to:

Duck Creek Tribal Financial, LLC
(Duck Creek Tribal Financial, LLC d/b/a Peppercash)
P.O. Box 249
Watersmeet, MI 49969

Maybe this complaint filing to CA's AG will persuade my bank to return the money to me as they investigate PepperCash who was very willing to waive the balance and send me an agreement that the account was PIF.

As for CashNetUSA, you're correct in that the loan is not an installment loan, just as I believed it wasn't despite what the CashNetUSA contract says. It's a huge, $2600 dollar payday advance (just like my bank statements are showing) and as for the interest rate, i understand they're well within the CA usury laws of 459%. The thing is, they claim it's not a payday advance. They staunchly claim it is an installment loan.

So when it shows that it's a payday advance rather than an "installment loan" (PDL's way of circumventing payday laws) I believe they are still in violation of California's Deferred Deposit Transaction Laws - just as I'd informed them in my initial letter due to the amount loaned.

I had gotten $2600 and to date, paid 15 bi-weekly payments of $203.58 each for a grand total of $3053.70. I have written them back after receiving their letter last Friday that the loan is an installment, not a payday loan. I have given them till Tuesday to respond to my letter, telling them I will pay what I owe, but I don't appreciate being misled.

Thanks for the help, Stephen!:D


lrhall41

Submitted by ICH062 on Mon, 04/02/2012 - 09:07

( Posts: 19 | Credits: )


Just after my above post, CashNetUSA has sent an e-mail proving all the experts correct, that they are willing to work with you IF they know you're serious about your complaints and that you are willing to pay what you owe.

There is still an outstanding balance, but they have stated they will waive all interest and I can begin making 12 bi-weekly payments in the amount of $133.11 beginning April 11, 2012. That saves me $140.94 per month and there's no interest! This will help immensely. In fact, should I make a big enough commission, I might even pay them off in one lump sum!

However, they want an updated method of payment. Should I allow them ACH withdrawals on my savings account? That way, I can track the bi-weekly payments more easily, and since they've shown good business practices by addressing my issues promptly and cordially, I feel I can trust them. I have the new arrangement in writing (e-mail) so it's not like it was a phone call thing.

As for PepperCash, I've taken Stephen's advise and filed a complaint with the California Attorney General's office. I don't see why I should file a complaint with the Department of Corporations since PepperCash (dot) com is not registered with this department, and it falls under the AG anyway. If the AG believes my complaint should be with the DoC, they promise to forward it.

So far, everything has gone as I had hoped (except for QuickClick Loans, but they're not that big of a drain on my budget), and I'll finally have some money to put aside and to ensure my bank account stays solvent. :D :sun:


lrhall41

Submitted by ICH062 on Mon, 04/02/2012 - 13:34

( Posts: 19 | Credits: )


I was reading your post where you said you borrowed $2600 and have already paid them over $3000. Had they been a licensed lender in CA their fees would have been around $390.00, so adding the 2600+390=2990. Shouldn't your loan already been paid in full.
You mentioned giving them your account information, I advise you do not do that. If you are going to set up something I would do it on a pre-paid card, however I would go over your calculations again.
:D


lrhall41

Submitted by eeyorelover79 on Mon, 04/02/2012 - 16:16

( Posts: 84 | Credits: )


Under California law, as I understand it, if they are part of the exempt group (which, unfortunately, they are), they're not bound to CA usury laws. They're registered with the State of CA as a pawnbroker, a payday lender, AND as a finance company.

They informed me that the "unique identifier", which appears on my statements as ACH withdrawals for payday advances rather than installment loan payments, were entered by my bank, not them. I'll need to verify this with my bank, though.

Anyway, here is where my argument stumbled:

[Excerpt from article]

What Are Some of the Exemptions From California's Usury Law.

The remainder of this article will set forth briefly some of the exemptions to California???s general usury law.

1. Licensed Lending Institutions Are Generally Exempt From Usury.

Most licensed lending institutions engaged in the business of making consumer and/or commercial loans such as banks, savings and loan, credit unions, finance companies, and even pawn brokers are exempt from California???s usury laws. See, California Financial Code ??5102, ??7675 ??15000, ??21000, ??21200, ??22002, ??22009, and ??22303; Home Owners Loan Act of 1933, 12 U.S.C.A ??1464(5)(c)(4)(B) and the Building and Loan Association Act of 1931 (as amended).

I.O.W., if they buy a license and pose as a legit finance company in CA, they can charge whatever they heck they want. In this case, it was 158.43%. The sky's the limit!

I don't know if I have any other choice than to accept their offer.


lrhall41

Submitted by ICH062 on Mon, 04/02/2012 - 18:33

( Posts: 19 | Credits: )


Happy to have been of some help ICH062 :)

The point of the matter is this: The address you posted there mentions that it is a tribal lender. Each and every one of these tribal lenders are illegal and you should NEVER share your bank or ACH information with them. These lenders may be exempt from state and federal laws but you are ruled under those very same laws. If they attempt to take you to court, the case will be thrown out simply because the law doesn't apply to them by definition. The only thing they can do is take you to tribal court or something which I believe will have no effect on you legally.

As for QuickClick Loans, they are illegal as well and they portray themselves to be an offshore lender based in Trinidad. Lets see them try and get you to Trinidad court ;)


lrhall41

Submitted by StevenDoyle on Tue, 04/03/2012 - 01:50

( Posts: 199 | Credits: )


in the State of California. They bought the Finance Lender license, so I'm screwed.

But I can still report them to the Department of Corporations for charging 96% interest rates, and see what the Department does. This interest rate far exceeds even the most expensive credit card interest rates! I'm sure the Department of Corporations in California will look into that if there are enough complaints. Hopefully, they'll revoke QuickClick Loans' license.

That's about all I can do - other than default. :-( And I don't want to default on a legit loan and hurt my credit since I've been building it up after having had to file Ch.7 last year.

So this appears to be my only option.


lrhall41

Submitted by ICH062 on Fri, 04/06/2012 - 08:18

( Posts: 19 | Credits: )