Progress of my long battle
Date: Sat, 09/29/2012 - 13:56
Okay, after learning from this amazing forum that PDL is illegal in NJ, I did all my steps--close my bank account, secure my paycheck and send notice of ACH revocation to all those PDL companies. Almost two weeks after I opened my fire at them at 9/17, I do have some progress report to share with you.
I got crazy 13 PDLs (I don't even know why and how...sigh...) and all but two of them have been overpaid (since I loan them, pay them off and reloan again). Those listed are the total amount I got this year so far and how much I have paid (and overpaid), and what has happened so far:
Action Payday: received $900 and pay $1195 (overpaying them for $295)--no response yet; except I aware the account has been transferred to effiancesupport. They keep calling me a few times every day, and I just email the letter to a rep. "Wendy" (I find her email address from another thread) and hopefully they will respond.
Advantage Cash Services: received $650 and pay $785 (overpaying them for $135); I send them 3 times already and I just receive a message from their "Recovery Department" asking me whatever...I simply attach the revocation letter to their recovery department.
AmeriLoan: received $800 and pay $960 (overpaying them for $160); same thing as Advantage Cash Services, same "Recovery Department" stuff....
Cash Direct Express: received $1922.63 since Nov 2011 (I keep refinance with them thru "Cash-out" program) and pay $3050 (overpaying them for $1127.37);[COLOR=Red] I received a "Satisfied-in-full" offer on 9/27. Yet I want to keep fighting for a refund![/COLOR]
Cash Jar: received $1150 and pay $1212.5 (overpaying them for $62.5); received a PIF on 9/21.
CashWebUsa: received $500 and pay $335; they accept my offer, and will agree to make the account as PIF once they receive the remaining $165.
East Side Lenders: received $1600 and pay $1835 (overpaying them for $235); have sent them the notice 3 times and no response yet.
Integrity Advance: received $1250 and pay $1594 (overpaying them for $344); I sent the notice to them 3 times and they aware my notice. I received a message from their recovery department on last Wednesday--asking me for ACH authorization! I sent the same ACH revocation notice to them and I ask for a refund!
MobiLoan: received $617 and pay $378.2; I offer them to pay the remaining balance of $238.8 and didn't hear anything from them yet (do they want my money?)
Great Plains Lending: received $1100 and pay $1377.22 (overpaying them for $277.22); received a PIF (sort-of) on 9/26, at least I can't log on to my account anymore.
Plain Green Loans: received $1200 and pay $1312.3 (overpaying them for $112.3); received a PIF (sort-of) on 9/28, at least I can't log on to my account anymore.
Discount Advances: received $3340 and pay $3877.88 (overpaying them for $497.88): I sent notice 3 times to BOTH Discount Advances and Credit Protection Depot; didn't here anything from them yet.
My Cash Now : received $6090 and pay $6816.06 (overpaying them for $726.06): same thing with Discount Advances.
Documenting all those PDL is painful--its simply my Hall of Shame! Still, I must thank once again to all of you on the board (OhioGal, SoapLady, Waffle, Shazzer, and a lot of others I could not name). Your knowledge and experience are awesome and you have equipment me a all of confidence and assurance that I need no fear to those criminals. In the past two week since I revoke ACH with those PDL, I have a peaceful mind in my heart and do not have a lot of anxieties . I know victory is assured, and I will keep fighting them to the end! Bravo to all of you!
One more thing: like many posters with BOA account, I could real
One more thing: like many posters with BOA account, I could really make them to formally revoke ACH on my bank account before closing it out. But at least no money has taken out on my last two Payday (9/14 and 9/28). Maybe BOA has honor their claim on never reopen the "zombie account" anymore.
http://pressroom.consumerreports.org/pressroom/2012/08/consumers-union-hails-decision-but-bank-switching-obstacles-remainsan-francisco-cain-a-victory-for-consumers-bank-of-ame.html
Correction: I could NOT really make them to formally revoke ACH
Correction: I could NOT really make them to formally revoke ACH on my bank account before closing it out....
BoA will reopen the account if something charges to it. You need
BoA will reopen the account if something charges to it. You need to speak to a supervisor on the phone or call corporate office. The branches suck. For example today in the mail I got a letter from BoA saying I owed them 80 something dollars for a savings account that was closed. Guess how it opened back up again? They charged me a monthly maintenance fee on it because I took all the money out when I closed my checking with them. The account got reopened because of the monthly fee. I went into a branch and told them not only that I am not paying them 80 dollars, but I want a 35 dollar courtesy for the overdraft fee they charged me for the monthly fee. They forgave the 80 dollars and gave me a 35 dollar check...
Response from Cash Direct Express
While I am demanding refund from Cash Direct Express, and here is their latest response (they attached an "arbitration letter"):
[LEFT][/LEFT]
We are writing in response to your email received on September 26, 2012.
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As stated in our previous communication, GECC is a corporation that is fully-licensed as a short-term lender in good standing in the State of Delaware. GECC does not do business in New Jersey, but did make a loan to you pursuant to your request made via the Internet into the State of Delaware. The loan provided was and remains legal and compliant under Delaware law. In addition, GECC remains fully compliant with all federal debt collection laws and regulations.
Reviewing your account details, it appears that despite full disclosure you may have misunderstood the loan conditions and/or terms. At your request, Cash Direct Express (CDE) was able to assist you with your short term cash needs in October 2011. The original amount due per your loan agreement was for the principal balance of $400.00, with the loan fees all due on November 15, 2011. In reviewing your payment history based on the provisions of your loan agreement, you chose to rollover your loan two (2) additional weeks beyond your original due date. As explained in the loan agreement, every two weeks that the loan is rolled over additional loan fees do accrue until the balance is paid in full. In addition to your option to rollover your loan, our records indicate that you utilized our services by choosing to refinance your loan 5 times. Our records indicate that you contacted our customer service department on many occasions to pay down on the principal balance and rollover your loan, but never to request to pay the loan balance in full.
As stated in our previous communication, we are in compliance with all applicable laws, Cash Direct Express (CDE) prefer to resolve these matters amicably with adjusting the current balance and loan fees totaling $982.00. Our records indicate that your loan is considered "Satisfied in Full". We feel that this approach was an amicable decision.
[LEFT][/LEFT]
In regard to your above dispute, the note is a legally binding contract and was executed in the State of Delaware. If you are requesting additional resolution of this matter, as defined within your loan agreement, you have the right to arbitrate all disputes utilizing a 3rd party arbitrator. For your convenience we have included the "Agreement to Arbitrate" section of your loan agreement.
[SIZE=2]AGREEMENT TO ARBITRATE ALL DISPUTES: [/SIZE]Arbitration is a process to resolve disputes between parties utilizing a neutral third person (an "arbitrator.") An arbitration proceeding is generally more private and less formal than utilizing the court system and its procedures to resolve disputes. An arbitrator, in similar fashion to a judge or jury, renders a final a decision resolving a dispute, which may later be enforced as a court judgment. This agreement requires that you agree to arbitrate any disputes with us unless you specifically opt-out in accordance with the opt-out provisions contained in this agreement. In lieu of arbitration, you and we are also still allowed to bring a proceeding in small claims court to resolve a dispute between us. The proper venue for any small claims court proceeding shall be in New Castle County, Delaware, unless otherwise precluded by applicable law. Neither party shall be prevented from using a court of competent jurisdiction to seek provisional remedies, including but not limited to, aid in referring the matter to arbitration or removal from a class wide proceeding.
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[SIZE=2]In accordance with the foregoing provisions, any dispute, claim, controversy, or proceeding arising out of or relating to this agreement or the breach, termination, collection, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to Arbitrate, and any matter related to any prior or subsequent agreement or relationship between or involving us (or between you and one of our affiliated parties), shall be determined by binding arbitration. At the option of the party to initiate a dispute and file a request for arbitration, the arbitration shall be administered either by JAMS, the Resolution Experts ("JAMS") http://www.jamsadr.com/ ; or by the American Arbitration Association ("AAA") http://www.adr.org/ under its Supplementary Procedures for Resolution of Consumer-Related Disputes; pursuant to each organization???s applicable rules and procedures. Your arbitration fees may be waived by the arbitration administrator or paid by us in the event you cannot afford them. It a participatory hearing is scheduled or required, it will take place at a location convenient for you. Subsequent to the arbitration and the entry of an arbitration award, the award may be confirmed in any court of competent jurisdiction.
This arbitration provision shall be governed by the Federal Arbitration Act ("FAA") 9 U.S.C. ??1 [FONT=Times New Roman,Times New Roman][SIZE=2]Et seq [/SIZE][/FONT]., or alternatively, if for any reason the FAA is determined by a court of competent jurisdiction not to apply to the transaction, then it shall be otherwise governed by the arbitration laws of the State of Delaware.
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We hope this response addresses your concerns regarding this matter.
Customer Relations Department Cash Direct Express Processing Center www.cashdirectexpress.com
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I know they are just fooling around and using a lot of inapplicable legal terms/regulations to make me quit. No way, I will keep fighting for a refund.
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The tricky thing about Cash Direct Exrpess--and obviously the point they are abusing about--was that I had rollover the loan couple of times without fully paying in full. They are taking that as an excuse for sure. While I have no intention to back off, I would like to hear if there is a better arguement/persuasive language to force them to surrender (sort of) and offer me a refund.
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Any suggestions? or should I just move on?
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One more PIF from East Side Lenders
I have sent notice to East Side Lenders 3 times before and yesterday I still received a "return payment" notice from them! I immediately sent 4 COPIES of email at one time to them and cc to a manager "Christy", and I got her message this morning:
[COLOR=#1f497d]We are sorry to learn that you are dissatisfied with the terms of the loan offered by East Side Lenders. Customer satisfaction is very important to us and we are willing to mark your loan as paid in full. You financial obligation to East Side Lenders has been fulfilled. We thank you for your past business and we wish you well in the future.[/COLOR]
[COLOR=#1f497d]Thank you, [/COLOR]
[COLOR=#1f497d]Christy Finazzo[/COLOR]
[COLOR=#1f497d]East Side Lenders, Manager[/COLOR]
[COLOR=#1f497d]40 East Main Street, Suite 410[/COLOR]
[COLOR=#1f497d]Newark, DE 19711[/COLOR]
[COLOR=#1f497d][FONT=Calibri]Seems like we have to send letter to a specific manager or someone high in command. I understand those info are hard to come by, but thanks to someone from another thread who listed the email of Christy and so I can get rid of this crap quickly.
For those with problem with East Side Lenders, we better contact her quick before she change her email address....
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Pathetic response from Integrity Advance
Here I received another pathetic reply from the recovery manager of Integrity Advance:
Thank you for your email, have you tried calling our company by phone, this would be the only way to resolve this matter. I was reviewing your account and it doesn???t seem at any time we came to you for the loan you called us a few times don???t forget to put that in your complaint. I will be waiting for your complaints to come in from BBB, FTC, AND YOUR STATE AG. Thank you for letting us know about your concerns.
Best regards
Recoveries manager
Here is my response:
Dear Mr. ____:
Plain and simple: mark my loan as Paid-in-Full, cease all collection efforts and a refund of $344 for overpayment (on all loans made this year).
Unfortunately the loans are legally unenforceable (you have no license to operate in my home state of New Jersey) and you will NEVER get any more money.
[COLOR=#000000][FONT=times new roman]Re-read the letter attached with my previous email notice that I sent you repeatedly--don't pretend that you don't know anything. I am much educated now about lending laws and I will not be tricked anymore.[/FONT][/COLOR]
I will not make any calls, only written correspondence is acceptable. You need to hold accountability in high regard for a respectful company like Integrity Advance, and I know you will honor that.
Thanks again
p.s.
They are running out of argument and can only resort poorly written languages to mock the opponments--exactly a loser's whinning.
Just goes to show how unprofessional these guys are!!!
Just goes to show how unprofessional these guys are!!!
MobiLoan EPP
At least there is also some good news: MobiLoan has agreed my payment plan offer which will pay $59.70 on 15th day over the coming 4 months.
So far I have 5 PIF and 2 EPP, hopefully the rest of them can be done sooner...
Bravo to Miss Jersey. You have been handling this mess perfectl
Bravo to Miss Jersey. You have been handling this mess perfectly. Take a bow and contined good luck.....
Great job! Glad to hear things are working out for you, can't wa
Great job! Glad to hear things are working out for you, can't wait to start adding my own progress.
Silence--should I keep going?
Today is exactly one month after opening fire to PDL and revoked all ACH authorization with them. More than half have offered PIF or EPP, only 2 or 3 still attempt to call me and I simply ignore them.
My question is about Credit Protection Depot (c/o my loan with Discount Advances and My Cash Now). From what I have learned CPD is one of the nastiest CA to deal with, but surprisingly they are almost completely silence ever since. The only thing I hear from them was during the first week after I sent out the notice, and simply asking me to pay the overdue amount (because I already closed my bank account). Then I got literally zero news from them in the past 3-4 weeks--even though I kept notifying them once per week. I couldn't even log on to my account.
Another one is the Efinance support. They kept calling me about 2 weeks after sending out the revocation letter. I called back and find out they are collecting my loan from Actionpayday. I re-send the letter to efinance support in addition to Actionpayday, and again, nothing from them in the past 2-3 weeks.
Should I keep sending the notice to them? Are they really "give up" (I doubt it--but I don't mind even if not getting a PIF offer)? Or simply wait and see another horror story to come?
Any advices?
No news is good news, however, they'll start calling you can c
No news is good news, however, they'll start calling you can count on that. Keep ignoring them as you are. You are doing a great job. Ive been there. Doesnt it feel great to finally regain control of your $$$$ and your life ? Pricelesss........