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Payday loan drowning in Kentucky

Date: Wed, 06/13/2012 - 16:20

Submitted by kygirl0170
on Wed, 06/13/2012 - 16:20

Posts: 7 Credits: [Donate]

Total Replies: 10


I fell in trouble with payday loans almost a year ago. I am slowly getting out but need help on a few.... I have already but a hard debit hold on my checking account which was a nightmare to get done at 5/3 bank. What are the laws for Kentucky and any help you can provide on the following:

1. Ashland Payday (Crestwood Marketing) - Initial loan amount was $300 with $90 interest. To date I have paid $120, should I accept their settlement of $300?

2. AmericanWebLoan - Initial loan $700 with $210 interest, to date paid $840 and have asked to settle for $70 but here was their response:
"There appears to be some confusion, according to our records you have not made the required selections to pay toward your loan balance. By paying the minimum due only, you are electing to renew and extend your loan. Since this is a customer managed loan, we rely upon you, the customer, to make the selections so we can know you are intending to pay on the loan. At this time, due to your choice to stop payment, you loan is in default and you will need to contact our collection department to discuss your account balance. Collection reps can be reached in the hours or 8 am to 5 pm Monday - Friday, Central time."

3. Castle - reached a settlement agreement but closed my account before the final payment, but they don't have a phone number. What should I do, I more than paid the original loan amount before the settlement was reached.

4. IdealGelt - ugh!!! Original loan $1000 with $300 interested, I have paid a total of $1885, they have offered to settle for 6 payments of 241.66, what can I do to get them to close this account since I have overpaid.

5. Is IPL Today and Integrity Advance the same lender?

Thanks!


[COLOR=black]Sorry to hear that you???re having so many problems, I can only offer some comfort that I am in the same boat. I am fairly new here so my information to you may be incorrect and I apologize if it is, but this is the way I see it.[/COLOR]

Quote:

1. Ashland Payday (Crestwood Marketing) - Initial loan amount was $300 with $90 interest. To date I have paid $120, should I accept their settlement of $300?

[COLOR=black]Seems to me like they would be getting more money than you originally owed.[/COLOR]

Quote:
2. AmericanWebLoan - Initial loan $700 with $210 interest, to date paid $840 and have asked to settle for $70 but here was their response:
[QUOTE]
"There appears to be some confusion, according to our records you have not made the required selections to pay toward your loan balance. By paying the minimum due only, you are electing to renew and extend your loan. Since this is a customer managed loan, we rely upon you, the customer, to make the selections so we can know you are intending to pay on the loan. At this time, due to your choice to stop payment, you loan is in default and you will need to contact our collection department to discuss your account balance. Collection reps can be reached in the hours or 8 am to 5 pm Monday - Friday, Central time."[/QUOTE]
[COLOR=black]As far as I can tell AWL does not have any store front locations in KY right? If this is the case according to the site I???m linking you below then they are illegal in the state of KY.[/COLOR]
[FONT=Arial][COLOR=black][URL="http://www.debtconsolidationcare.com/paydayloan/kentucky-illegal-internetloans.html"]http://www.debtconsolidationcare.com/paydayloan/kentucky-illegal-internetloans.html[/URL][/COLOR][/FONT]
[COLOR=black]Quote:
3. Castle - reached a settlement agreement but closed my account before the final payment, but they don't have a phone number. What should I do, I more than paid the original loan amount before the settlement was reached.
[/COLOR]
[COLOR=black]What Castle are you referring about, upon doing a search there were a lot?[/COLOR]

Quote:
4. IdealGelt - ugh!!! Original loan $1000 with $300 interested, I have paid a total of $1885, they have offered to settle for 6 payments of 241.66, what can I do to get them to close this account since I have overpaid.

[COLOR=black]I would send a C&D letter along with a PIF letter. As well as this also looks like an online only company which would be illegal like the one link says.[/COLOR]

Quote:
5. Is IPL Today and Integrity Advance the same lender?

[COLOR=black]Sorry I do not know the answer to this one.[/COLOR]

~ Kishwa (:

[COLOR=black]Here is the Pay Day loan Law for Kentucky.[/COLOR]

Kentucky State Information
Legal Status: Legal (Applies to check cashers only)
Citation:
Kentucky Rev. Stat. Ann. 286.9.010 et seq.
Loan Terms:
Maximum Loan Amount: $500
Loan Term: 14-60 days
Maximum Finance Rate and Fees: $15 per $100 + $1 database fee
Finance Charge for 14-day $100 loan: $17.65
APR for 14-day $100 loan: 459%
Debt Limits:
Maximum Number of Outstanding Loans at One Time: Two ($500 aggregate loans outstanding to all licensees)
Rollovers Permitted: None (cannot renew, rollover, or consolidate)
Cooling-off Period: None
Repayment Plan:
Collection Limits:
Collection Fees: One NSF fee (if disclosed)
Criminal Action: Prohibited
Where to Complain, Get Information:
Regulator: Kentucky Office of Financial Institutions
Address: 1025 Capital Center Drive, Suite 200 Frankfort KY 40601
Phone: (800) 223-2579
Fax: (502) 573-8787
Regulatory Contact: Gary Davis,, Branch Manager
[FONT=Helvetica][URL="http://www.kfi.ky.gov/"]Regulator Website[/URL][/FONT]


lrhall41

Submitted by kishwa on Wed, 06/13/2012 - 18:11

( Posts: 6 | Credits: )


Ashland Payday (Crestwood Marketing) - As far as I know, they are offshore, although when I did a Google search I found a few addresses in KY. Did you get this from a store front? If they are offshore, you owe them nothing more than the principal amount.

AmericanWebLoan - Illegal tribal lender. They owe you $140

Castle - Illegal tribal lender. How much did you borrow and how much have you paid till now?

IdealGelt - This is a TX based problem lender. Call up the KY department of finance and check if they are licensed to operate in KY. If they are not, you again owe them nothing more than the principal.

Yes, IPL and Integrity are one and the same and they are pretty much illegal as well.

Its a good thing you shut down your checking account before you started dealing with these locusts. You need to file complaints against the illegal lenders with the FTC and the AG.


lrhall41

Submitted by on Thu, 06/14/2012 - 00:09

( Posts: | Credits: )


A little more clarification on my situation: I live in KY and these are all payday lenders

AmericanWebLoan - Loan was $700, paid $840 - sent ACH revoke letter and they responded by telling me to contact CS because of confusion and that I need to make a payment. I have sent an email requesting a refund for $140 or that I will file complaints with the attorney general and FTC, anything else I need to do?

Castle - shows my loan as settled, should I consider it closed? They have no phone number for me to contact.

CashCure - Loan was $700, paid $1712.30, also sent them ACH revoke letter and got the below response: they state they can settle the account for $500 but that is it? I also sent an email requesting a refund, anything else I should do?

Discount Advance - loan for $660, called to pay-off and they turned me over to Credit Protection Depot - pd $408 and they are requesting $518.52, should I just process a payment for $252?

Ideal Gelt - loan for $1000, I have paid $1885, they refuse to close and state that I must pay 5 payments of $241.66 but I did not make the payment, how do I find out if they are licensed in KY?

Payday Max - new loan, contacted them in regards to closed account they referred me to Credit Protection Depot - I sent the payment via Western Union and they are saying they did not receive the payment, what should I do?


lrhall41

Submitted by kygirl0170 on Tue, 06/19/2012 - 20:07

( Posts: 7 | Credits: )


Quote:

AmericanWebLoan - Loan was $700, paid $840 -

Illegal tribal loan....they owe YOU $140

Castle - shows my loan as settled, should I consider it closed? They have no phone number for me to contact.
Quote:

CashCure - Loan was $700, paid $1712.30, also sent them ACH revoke letter and got the below response: they state they can settle the account for $500 but that is it?

The DE basded...probably illegal.

Quote:
Discount Advance - loan for $660, called to pay-off and they turned me over to Credit Protection Depot - pd $408 and they are requesting $518.52, should I just process a payment for $252?

Illegal offshore loan. They need to provide an address for you to send money orders. Pay back at your convience.

Quote:
Ideal Gelt - loan for $1000, I have paid $1885, they refuse to close and state that I must pay 5 payments of $241.66 but I did not make the payment, how do I find out if they are licensed in KY?

This one is interesting....their address is c/o an attorney in Houston Texas. There is no mailing address for the PDL.

Quote:
Payday Max - new loan, contacted them in regards to closed account they referred me to Credit Protection Depot - I sent the payment via Western Union and they are saying they did not receive the payment, what should I do?
This is an illegal offshore loan. You owe principal only. DO NOT pay by western union...if they want their payment, they will give you an address to mail a money order at your convience.


lrhall41

Submitted by SOAPLADY on Tue, 06/19/2012 - 20:53

( Posts: 17315 | Credits: )


So here are some of the replies that i have gotten:

AWL - I sent an email stating that my original loan was in the amount of $700 and that I had paid $840 and was requesting the account to be closed since I have overpaid and on-line lenders are illegal in the state of KY.

Their response:
[FONT=Tahoma][SIZE=1][COLOR=#000000][FONT=Tahoma][FONT=Tahoma][FONT=Arial][FONT=sans-serif][FONT=sans-serif]I am not sure as to how I am being unclear. Your loan is active. You agreed that your state laws did not apply. I am offering you an extended payment plan. I answered the first email that I saw.
[FONT=sans-serif][/FONT]
[FONT=sans-serif]To be perfectly clear. My offer of an extended payment plan would allow you 60 days to pay your outstanding $700 balance in 4 equal payments. Those payments would be $175 each. Currently your loan is in collections, I am stepping in and attempting to resolve a dispute. [/FONT]
[FONT=sans-serif]Your state laws are not applicable to this loan due to;[/FONT]
[FONT=sans-serif][/FONT]
[FONT=sans-serif] This loan is made and entered into with you by American Web Loan, Inc., an arm of the tribe, wholly-owned and operating under the authority and laws of the Otoe-Missouria Tribe of Indians. This Agreement is subject solely to the laws and jurisdiction of the Otoe-Missouria Tribe of Indians. By entering into this Agreement, you acknowledge and consent to be bound by all the terms in this Agreement; you consent to the exclusive subject matter and personal jurisdiction of the tribal courts for all disputes arising from this Agreement; and you understand and agree that state laws or regulations do not apply to this Agreement, the interpretation of this Agreement or the enforcement of this Agreement.

Now, would you like to accept my offer of the extended payment plan? If not, normal collection process will continue.
[/FONT] [FONT=sans-serif][FONT=tahoma][COLOR=#ff0000][/COLOR][/FONT][/FONT]

[FONT=sans-serif] [COLOR=black]Thank you, [/COLOR]
[COLOR=black][FONT=sans-serif]YOUR NAME[/FONT][/COLOR][COLOR=#1f497d][/COLOR]
[COLOR=black]American Web Loan[/COLOR]
[COLOR=black]877-636-1353 Option 4 [/COLOR][COLOR=black][/COLOR]
[COLOR=black]855-275-9717 FAX[/COLOR][COLOR=black][/COLOR]
[COLOR=#9a7438][COLOR=#9a7438][FONT=sans-serif][/FONT][/COLOR][/COLOR][COLOR=#1f497d][COLOR=#9a7438][COLOR=#9a7438]www.AmericanWebLoan.com[/COLOR][/COLOR][/COLOR]
[/FONT][/FONT][/FONT][/FONT][/FONT]
[/FONT][/COLOR]
[/SIZE][/FONT]

What should I do now? My bank account is already closed?


lrhall41

Submitted by kygirl0170 on Tue, 06/26/2012 - 18:56

( Posts: 7 | Credits: )


I requested a refund and my account to be closed, this is the response I received:
Thank you for contacting us regarding the lending laws in your state.

Cash Cure is a Delaware licensed lender. The company has no offices; employs no agents or employees, and conducts no business within the borders of Kentucky. Cash Cure conducts all of its business in the State of Delaware in strict compliance with the Delaware law that governs its operations.

Please take note of the section of your Loan Agreement, electronically signed by you on 03/15/2012, entitled, "GOVERNING LAW, ASSIGNMENT AND EXECUTION." It states:

"This Loan Agreement is governed by the laws of the State of Delaware, as it is the State in which Your Application is received, the Loan Agreement is entered into, the Loan is approved and funded and where payment is received by Us in fulfillment of Your obligations under the Loan Agreement. We may assign or transfer this Loan Agreement or any of Our rights hereunder. If this Loan Agreement is approved by Us, then You agree that the electronically signed Loan Agreement We receive from You will be considered the original executed loan, which is binding and enforceable as to both parties."

[FONT="][/FONT][FONT="]To date we have not received a payment. Therefore, your account will be forwarded to collections. For further assistance please contact us at 1-877-591-5175 or email us at [EMAIL="payments@cashcure.com"]payments@cashcure.com[/EMAIL].[/FONT]


What should I do now?


lrhall41

Submitted by kygirl0170 on Tue, 06/26/2012 - 19:00

( Posts: 7 | Credits: )


Can no longer log-in to account and haven't heard from them, have only paid $408 via Western Union because the account was turned over to Credit Protection Depot when I contacted them to tell them my account has been closed, I still owe on the original amount, what should I do?


lrhall41

Submitted by kygirl0170 on Tue, 06/26/2012 - 19:05

( Posts: 7 | Credits: )


I sent an email advising of KY laws and that I had overpaid, requested refund and told them I had revoked all ACHs.

no reply but an auto generated email, what do I do next:
Oops! We were not able to collect payment on your loan on the past due date of June 01, 2012. We realize
there may be a misunderstanding. In case you are unsure here is how our process works. When your loan
with us comes due you have the option of paying it back or continuing it. If you are paying back the loan
we debit your bank account (which you authorized in the loan agreement) for the full outstanding balance
of 1130.00. If you are renewing the loan we debit your account for the service fee of 255.00. In some cases there
is a principal pay down which is also added to the service fee. It is your responsibility to make sure there
is enough money in your account to pay what you owe.

Please call us immediately toll free at 800-787-1127 to make arrangements for your payment.
We will work
with you to clear up any misunderstanding and would look forward to continuing to serve you in the future.
Remember you can also use email to reach us at customerservice@idealgelt, or visit our website any time
at www.idealgelt.com.

We are here for you; we just need to hear from you.


Sincerely,

Customer Service
Idealgelt
800-787-1127 (toll free)
customerservice@idealgelt

their website states I am in collections


lrhall41

Submitted by kygirl0170 on Tue, 06/26/2012 - 19:08

( Posts: 7 | Credits: )



  • Made my first payment to Credit Protection Depot via Western Union in the amount of 167.58 on 6/8 and then received an email from CPD on 6/14 stating my 6/8 amount was due and then another email on 6/19 stating insufficient funds but I checked with Western Union and the payment was processed. I have logged into paydaymax and they have turned the account over to CPD but I don't trust them now, what should I do now?


lrhall41

Submitted by kygirl0170 on Tue, 06/26/2012 - 19:15

( Posts: 7 | Credits: )


First, don't wire anymore money to anyone. Do NOT pay a collection agency for an illegal payday loan. Period. I don't care what they tell you. They have NO right to collect on an illegal loan and you should not pay them a cent!

Second, you only owe paydaymax (I don't know how much) and discount advance ($252). If they won't accept your terms for repayment then don't pay them anything.

Third, all of the other lenders owe YOU!

You're the one in control here. Don't let them intimidate you. They can't do a thing to you.


lrhall41

Submitted by OhioGal1 on Wed, 06/27/2012 - 07:12

( Posts: 5253 | Credits: )