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questions about my current payday loans

Date: Tue, 10/16/2012 - 15:41

Submitted by asnapp
on Tue, 10/16/2012 - 15:41

Posts: 6 Credits: [Donate]

Total Replies: 13


I live in Montana and currently have 4 payday loans:
-Kenwood Services (online loan)- original loan $250/have paid $900
-One Click Cash (online loan)- original loan $300/have paid $910
(this loan will be paid off in one more payment of $65)
-Vandelier Group (online loan)- original loan $250/have paid $600
-MobiLoans (online loan)- have borrowed a total of $640 and have
paid $666

Are these loans legal in Montana?

I plan on closing my bank account before my next payday, is this legal?

How should I proceed?


You will have to pay only the principal as the above mentioned lenders are illegal. Don???t pay back them an extra dime other than the principal. As you have already overpaid them, so ask them for a refund. Close down your bank account immediately. Follow the link to know how to deal with illegal lenders:
http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html


lrhall41

Submitted by on Wed, 10/17/2012 - 00:25

( Posts: | Credits: )


Make sure you are doing this more than three business days before the next payment is due and you don't have any outstanding checks against your account or a direct deposit pending. I canceled direct deposit, set up a new account, put my old account on deposit only (gave the branch manager a copy of the ACH revocation notice) and then emailed and mailed out my letters to the lenders. I also reported the agencies to my state's AG and the FTC. It's also good practice to have a drafted letter for each lender for the potential collection stage of the process since they will want to call you at work, at home and all of your references. I have everything saved to my Skydrive in the event I get a call so I can just do a one-click send through the post office's website of a certified letter with return receipt. It's also cool to have if you use one of those online faxing services so you have three traceable ways of sending the information to the companies - they would have an extremely difficult time proving they didn't get your information. Seems like overkill but it gets the point across.


lrhall41

Submitted by on Wed, 10/17/2012 - 14:40

( Posts: | Credits: )


I sent my ACH revocation letters out on 10/22/12 and today I received the first response. I received the following letter from Kenwood Services:

10/30/2012
Re: Account Number 306174
Dear ANGELA,
Your bank has returned your account to us as "ACCOUNT CLOSED". Your current balance is $250.00 plus two $75.00 service charges and a $30.00 return payment fee. If we hear from you immediately we are willing to defer some of the service charges that have accumulated on your account.
You may settle your account with Kenwood Services for $255.00 but you must contact us immediately. It is important for your future credit standing that you contact our office at once.
If you fail to contact us regarding this matter we will forward your outstanding account to a third party collection agency. Contact our office before 6:30pm EST to avoid any further action on your account. If we do not hear from you before 6:30pm EST, your total balance plus a collection charge will be owed. After 6:30pm EST today, no settlement will be available and Kenwood Services will not be available to assist you.

Thank you,

[SIZE=4]
[COLOR=#1f497d]Ergin[/COLOR][COLOR=#1f497d] [/COLOR]
[COLOR=#1f497d]Kenwood Services, LLC.[/COLOR]
[COLOR=#1f497d]P (877) 794-5562 ext. 264 [/COLOR]
D.(302) 752-4616
[COLOR=#1f497d]F (877) 794-5563[/COLOR]
[EMAIL="ergin@kenwoodservices.com"][COLOR=blue]ergin@kenwoodservices.com[/COLOR][/EMAIL][COLOR=#1f497d][SIZE=3] [/SIZE][/COLOR]
[COLOR=#1f497d][FONT=Calibri][SIZE=3][/SIZE][/FONT][/COLOR]
[COLOR=#1f497d]I responded by resending my revocation letter. They have already started contacting my references. I've told my references to ignore these phone calls. Is there anything else I should do or should I ignore them as well?[/COLOR]
[/SIZE]


lrhall41

Submitted by asnapp on Tue, 10/30/2012 - 11:04

( Posts: 6 | Credits: )


As it's an illegal loan, follow the link in OhioGal's signature, and send them the letter that revokes ACH, and also tells them to only communicate to you through e-mail. That letter, should also have a bit in there that tells them to only communicate with you and not with any of your listed references.

In response to that last e-mail, you could tell them to go ahead and send it to collections. You'll happily provide the third party collections company with a cease and desist notice. :p


lrhall41

Submitted by keltin on Tue, 10/30/2012 - 11:13

( Posts: 50 | Credits: )


I followed the instructions in the link from OhioGal. I sent them the ACH revocation letter which also told them to remove all contact numbers from their database. I unfortunately did not add the part about only communicating with me and only through e-mail.

I'm wondering if I should respond and reiterate that these contact numbers should be removed or is it best to not keep engaging them?


lrhall41

Submitted by asnapp on Tue, 10/30/2012 - 11:21

( Posts: 6 | Credits: )


Here's what I've sent lenders --

This letter is to inform you that I am aware of the FACT that the loan you issued to me, is NOT legal or binding in my state.

The state of Washington requires Internet payday lenders to be licensed in MY state. I have already researched this information, your company does NOT have a license to lend in the state of Washington, if I am mistaken I will need proof in the form of a license number so that I may verify it with my Attorney General. I am bound by the state laws where I reside. As I have no presence in your state, therefore I have no legal obligation to the 'governing laws' you may have detailed.

Be advised that as of today 10/24/2012 I am revoking ANY and ALL ACH authorizations with your company from debiting any AND all of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I also revoke ANY and ALL wage assignments I may have signed, by you, including but not limited to; any of your affiliates, dba's, and collection agencies assigned to this account. None of the above no longer have my permission to access my accounts or impose a wage assignment.

I will only communicate to resolve this matter via email. If you ignore this notice and attempt to contact me or any of my references via telephone, you will be ignored and any payments owed will be delayed. I am willing to pay the principle amount of the loan only, however, no address means NO payments, this is not negotiable.

If you do NOT reply to this notice within 48 hours I will be forced to file complaints with my Attorney General Rob McKenna, the BBB and the Federal Trade Commission.

-----

So far, of the few I've sent this to, they have yet to contact my listed references (which happen to be 2 co-workers who sit right next to me). :)


lrhall41

Submitted by keltin on Tue, 10/30/2012 - 11:26

( Posts: 50 | Credits: )