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North Dakota Payday Loan Help

Date: Mon, 10/01/2012 - 14:45

Submitted by Hanson_Melissa
on Mon, 10/01/2012 - 14:45

Posts: Credits: [Donate]

Total Replies: 2


I have several payday loans that I can no longer cover. I understand that payday loans ARE legal in my state, but the only listed licensed companies are: Cashcentral.com; Checkcity.com, Checkngo.com; and Speedycash.com. None of these are companies with whom I took out a loan. I currently have the following loans due on 10/14/12:

Lakota Cash $225 total balance due, currently in "pay down" mode
TLC Fast Cash - rolled over several times for approx 6 months. $300 borrowed and $109 finance fee
Cash King Advance - $500 borrowed $150 fee
USFastCash - $650 borrowed $195 fee
OneClickCash - $650 borrowed $195 fee
United Cash Loans - $550 borrowed $165 fee
Blvd. Cash - $500 borrowed $150 fee
Federated Financial Services - $800 borrowed $120 fee
Greenwood Holdings Group - $500 borrowed $125 fee

As of today, I have moved my direct deposit out of this account. I asked to close my checking account which is the account being debited. My bank said they cannot due that with a negative balance in the account. I then asked them to put a hold on all ACH withdrawls. They said they would need $30 per ACH to "stop payment" on the withdrawls. Which of course I do not have. My only option is to let the ACH go through on the 14th, and get charged NSF for all of the withdrawls. What can I do at this point, as I believe most of these are LEGAL lenders, who I truly do want to pay back. I just need time to do so. I see lots of options of ILLEGAL lenders, but I am not sure that fits my situation. What are my options in North Dakota.

Thanks!!!


All of the following are illegal tribal or offshore loans. You owe principal only...no fees no interest.

Lakota Cash $225 total balance due, currently in "pay down" mode
ILLEGAL TRIBAL LOAN
TLC Fast Cash - rolled over several times for approx 6 months. $300 borrowed and $109 finance fee ILLEGAL...ROLLOVERS ILLEGAL AND WEBSITE SUSPENDED

Cash King Advance - $500 borrowed $150 fee ILLEGAL OFFSHORE LOAN Turks and Caicos Islands
USFastCash - $650 borrowed $195 fee ILLEGAL TRIBAL
OneClickCash - $650 borrowed $195 fee ILLEGAL TRIBAL LOAN
United Cash Loans - $550 borrowed $165 fee ILLEGAL TRIBAL LOAN
Blvd. Cash - $500 borrowed $150 fee ILLEGAL OFFSHORE St. Kitts and Nevis
Federated Financial Services - $800 borrowed $120 fee ILLEGAL OFFSHORE UK
Greenwood Holdings Group - $500 borrowed $125 fee ILLEGAL OFFSHORE NEVIS WEST INDIES

As of today, I have moved my direct deposit out of this account. I asked to close my checking account which is the account being debited. My bank said they cannot due that with a negative balance in the account. I then asked them to put a hold on all ACH withdrawls.[QUOTE] They said they would need $30 per ACH to "stop payment" on the withdrawls. Which of course I do not have. My only option is to let the ACH go through on the 14th, and get charged NSF for all of the withdrawls. What can I do at this point, as I believe most of these are LEGAL lenders, who I truly do want to pay back. I just need time to do so. I see lots of options of ILLEGAL lenders, but I am not sure that fits my situation. What are my options in North Dakota. [/QUOTE]

This is BS....,ACH revocation is NOT a stop payment...it is your legal right under federal law to revoke payments. You need to send ACH revocatiohs to each of your lenders and then give a copy to your bank. If is your RIGHT under REG E, which is FEDERAL LAW. If the payday lender ignores your revocation and puts a payment thru, BY LAW your bank MUST return it without a fee. Read the link in my signature line for full information.


lrhall41

Submitted by SOAPLADY on Mon, 10/01/2012 - 15:31

( Posts: 17315 | Credits: )


Hi again and thanks for your help! The ball is rolling. The Bank is now working with me all ACH revocation letters have been sent. Friday will be D-day, so we will see what happens after their withdrawls get blocked. I just received the following message from Cash Web USA. Any thoughts on a response?

Dear Ms. Hanson,



I have been notified by my staff regarding your concerns about your account balance remaining. You cited the laws governing payday loans in your state of residence; however, if you refer to the contract you signed with CashWebUSA, you will notice you willingly chose to subject yourself to the laws of Costa Rica. More specifically, the contract states:



Governing Law: You have acknowledged that the key elements of acceptance of this Application by us, approval by our underwriters, disbursement of loan proceeds and repayment of principal and fees all occurred or will occur in Costa Rica, and you and we agree that any controversies that may arise hereunder shall be covered exclusively by the laws of Costa Rica.


CashWebUSA is licensed to operate in Costa Rica, and does not operate or advertise within the physical boundaries of your state. Further, CashWebUSA does not carry on any business, have any facilities, or employ staff anywhere in your state of residence, and your loan agreement makes it clear that Costa Rica law applies to the terms of our agreement. Additionally, the US Federal Courts are rejecting attempts by states to regulate conduct that occurs outside of their respective borders, including efforts to regulate activity based upon the operation of a website alone. For example, in Quik Payday, Inc v. Stork, 549 F.3d 1302 (10th Cir. 2008), the Tenth Circuit noted "merely maintaining a website accessible in [a State] that advertised payday loans is not solicitation in [such State]." Additionally, the US Court of Appeals for the Seventh Circuit in Midwest Title Loans, Inc. v Mills, 593 F.3d 660 (7th Cr. 2010) invalidated a state's attempt to apply it's laws to loans obtained by resident consumers from lenders operating in a different state. The court reasoned, " the Commerce Clause protects against inconsistent legislation arising from the projection of one state regulatory regime into the jurisdiction of another State." Thus, applying your state's laws and regulations to this transaction is not a valid position.



Despite these facts, however, and in order to maintain customer satisfaction - our most important goal here at CashWebUSA.com - we will suspend all further fees related to the processing of your loan and you may remit to us the principal balance of $500.00. You may mail this payment to:



CashWebUSA

Apartado Postal 19

Plaza Colonial Escaz??

San Jos??, Costa Rica



After you make this final payment of $500.00, we will record your account as paid in full. Please reply to this email stating your acceptance of these terms; by emailing us an acceptance acknowledgment, both you and we agree that this matter is fully and satisfactorily resolved and no further action will be needed from either party after the $500.00 payment is made.



If you would like to discuss alternative payment options, please contact our Customer Service Department at 877-365-0361[URL="http://www.debtconsolidationcare.com/forums/#"][/URL][URL="http://www.debtconsolidationcare.com/forums/#"][/URL][URL="http://www.debtconsolidationcare.com/forums/#"][/URL][URL="https://col105.mail.live.com/mail/InboxLight.aspx?n=246372819#"][/URL] or by email at [EMAIL="CustomerService@CashWebUSA.com"]CustomerService@CashWebUSA.com[/EMAIL].



Thank you for your cooperation with us, have a great day, and I look forward to hearing from you soon.


lrhall41

Submitted by Hanson_Melissa on Wed, 10/10/2012 - 10:56

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