NJ: Step by Step Story

Thats a good win for you with Plain Green!

Kerri - Its a shame you didn't post this last week. I am in NJ also and when I went to the bank and explained about the illegal loans, I had them stop ALL electronic withdrawals/debits/etc with the exception of any of MY checks that were written by me! The bank was to tag the account as DEPOSIT ONLY and nothing was to be withdrawn. Of course the ASSISTANT MANAGER was who I dealt with and she messed that up. Once i went back in and talked to the MANAGER, they reversed any bank charges, immediately filed the Reg E form and I got the money back into my NEW account that I opened- not connected in any way to the old one. Good luck with it!

Hi Steve, I'm working with a local bank, Ocean City Home Bank. They made me put stop payments through for all of the payments because I still had to wait for my paycheck to go in. So far they haven't charged me anything at all (probably because they failed).

I woke up this morning and 6 of the 8 lenders still managed to get their payment. So I was already talking to the bank and told them they need to return the payments in accordance with the stop-payment forms I filled out yesterday.

I told them I'm coming in today or tomorrow to close the account.

I also received one response from Cash In A Wink:

"Thank you for your request. If you would like to stop ACH withdrawals from your account you need to provide us with a different bank account that can be verified per your loan document. Please contact an Account Specialist at 1(800)723-3050."

I e-mailed them back and said: NO, I will be mailing you principle payments with money orders. They haven't gotten back to me yet.

So I guess that's it for now. I'll update after the bank gets back to me about reversing the payments.

You are quite welcome. That's what we are here for to help others as most of us have been in the same situation. Good luck to you and your friend!

Sounds like Action did the same to you as VIPloanshop did to me. Yes, print out that screenshot/webpage and hold onto that one!!

Sounds as if you are. Congratulations!

You are in control of how to pay them. They cannot take legal action. Only send them what you can, when you can. If they won't go by your rules, then they will not get paid.

What bank are you working with? They charged you $200 for revoking ACH? Revoking ACH is not supposed to cost you, its Reg. E, you have a legally guaranteed right.

WOW! Check this out!! Response from Plain Green Loans:
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Dear Kerri,
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Your correspondence has been directed to me for review and I thank you for the opportunity to assist you at this time.
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We understand that all situations are different and would like to offer you the opportunity to pay the remaining principal on your current loan in the amount of $406.95. We are willing to settle your account for this amount, payable in four (4) monthly installment(s) in the amount of $101.73 each, payable beginning March 15, 2013 and monthly thereafter.
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To further clarity your questions regarding the legality of this loan, Plain Green is organized under the laws of the Chippewa-Cree Tribe of the Rocky Boy’s Indian Reservation of Montana (“Chippewa-Cree”). Plain Green is owned by the Chippewa-Cree, and operates exclusively on land owned by the Chippewa-Cree. As such, Plain Green stands as an “Arm of the Tribe,” in the view of the United States state and federal courts. Therefore, loans made by an arm of a sovereign Indian nation are not subject to state law. This is NOT a payday loan.
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This letter is written to help you understand that Plain Green and its loan contracts are governed exclusively by the laws of the Chippewa-Cree.
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Pursuant to your request, we have removed your contact numbers from our system and we will make no further ACH debits from your account.
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Please reply if you would like to accept this settlement and set up payment arrangements.
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YEAH! I'm going to accept this offer. I can't believe they were that easy to deal with. I'm so HAPPY! I hope the other lenders respond similarly.

So I just logged onto Action Payday's website and it says "You do not have a current loan. Click 'apply now' for a new loan."
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So maybe they just didn't e-mail me back, but I printed that page for future reference. Maybe it's safe to say I'm done with them.

So today in my e-mail I found a letter from VIP Loan Shop that says "Thank you for your payment of $650. If we can be of any further assistance please let us know." Hmm, I'm going to take that as my loan is paid off! LOL! It's very strange too, because my phone rang off the hook for a few days after I sent out my ACH Revocation letters, but lately I haven't heard a thing from anyone. Whatever...
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Thanks bingonut for answering my question... that's what I thought. So I sent them another letter that said something along the lines of "I appreciate your willingness to work something out, but I'm not paying you more than I owe, which is $294. I also need to make the payment in a few installments because I don't have the funds to get you a full payment by March 20th." They haven't e-mailed me back yet.
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I'll keep you all posted. My one friend also took out payday loans here in the lovely state of NJ, and I told him how he could save himself THOUSANDS by getting on this site and following the instructions! I love this site, and the people on it! THANKS A MILLION!

OK, so far I've had two of the lenders settle with me:
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Plain Green Loans settled for my principle balance of $406.95 (in four payments).
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Sure Advance settled for $506.71 (in five monthly payments). I borrowed $400 but I agreed to this just to get them off my back.
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Now, on to my problem lenders. Cash in a Wink won't get off my back and won't negotiate via e-mail or regular mail even though I told them I want everything in writing. They said they need to speak with me over the phone. Is there anything I can do about this?
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Blue King Cash said they're willing to accept $400, but I've already paid them $106 towards that loan. So I'm in the process of e-mailing them back, but they told me that when I signed up for the loan I bound myself to the laws and jurisdiction of a sovereign nation. What can I say back to this? Also, they want the $400 in one lump by March 20, which I just cannot do. They said if I don't sent that in by the due date they will place this account with collections. I want to write them back and tell them I'm only paying them $294 and I need to do it on my own terms, like three monthly payments of $98 or something.
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CashCall (Western Sky) said they need to speak over the phone also. They won't negotiate via e-mail or regular mail.
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Red Leaf Lending also said the same thing.
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I haven't heard from Action Payday, Payday Nation (Federated Financial Services), and VIP Loan Shop.
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Any help regarding what to say is greatly appreciated! Thanks!!
Any help is appreciated... thanks!

Please read the following e-mail conversation between myself & Cash in a Wink:


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Cash in a Wink: Thank you for your request. If you would like to stop ACH withdrawals from your account you need to provide us with a different bank account that can be verified per your loan document. Please contact an Account Specialist at 1(800)723-3050


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Me: Hello,

Actually, no I will be making payments with money orders from here on out, not through a bank account. Any attempts to retrieve funds from a bank account will be blocked or reversed.

Please provide me with a physical address to send my principle payments to as outline in my previous e-mail.

This is an illegal loan, with an interest rate of 727.75%. According to the laws of the State of NJ, which DO apply, the maximum interest rate that can be charged per year is 30%. That is why I am revoking my ACH Authorization.


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Cash in a Wink: Thank you for your email. I will notate your account but per your loan document we will continue to attempt collecting payments from the account you have on file. Please contact an Account Specialist at 1(800)723-3050 to set up payment arrangements.


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I'm going to close the account anyway, but can they DO that?? I thought if I tell them I'm revoking my ACH authorization that they have to honor it? No?

BlueKing sent me an email demanding $400 when I've already paid them and really only owe them $294.00. They're also demanding it in one lump payment by March 20 or else they said they'll take legal action.
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Can they do that? Can I tell them I only owe them the smaller amount and offer three payments? I can't do it in a lump payment, I just don't have the funds. THanks!

Tomm - I had a similar experience, though I wasn't as lucky as you! I was dealing with payday loans last year, and when I went to my bank at the time, Wells Fargo, to explain about the illegal loans and have them stop all electronic withdrawals, they REFUSED, stating that because I had agreed to ACH withdrawals, it was binding. Further, they would not even allow me to CLOSE my account, *because* of the pending withdrawals! LOL (And yes, I did speak to a manager!)


I wound up changing banks (moving my direct deposits to a new bank) and having to leave the Wells Fargo account open and amassing tons of Insufficient Funds Fees. I only recently found out via this site that it was my right to revoke ACH and that Wells Fargo should have honored that. During that time, there were some direct deposits that hadn't transferred into the new bank yet that were gobbled up in the mess... I'm working on figuring out a way to get that money back, and have the fees removed from my credit report, since it was the bank that refused to either a) revoke ACH or b) close my account when I demanded they do so. *sigh*

If anyone has any tips on how to go about this, I'd greatly appreciate it!

Hi Everyone! It's been a while since I've udpated, but hard work does pay off. So far, most of the lenders have stopped contacting me all-together. So as far as I'm concerned, no news is good news. Cash in a Wink and Cash Call have been the worst. Cash in a Wink started calling my references and still calls me a few times a day. They won't settle, so I'm not talking to them or paying them a dime until they agree that I only owe $150. Anyway, I received an e-mail from Cash Call willing to settle my account for only the principle balance, in 8 payments of $325.00. So that's the last one! Ah, what a relief. I have to say the biggest THANK YOU THANK YOU THANK YOU to all the people on this site, especially the Admins, for sharing this knowledge with us all... without you, I would be in BIG poopoo! <3

that is a trick by cashcall.your loan was western sky,and illegal.any settlement will be bt cashcall.PM helpinaz for more info,but it is a trick do not agree to it.

yea! congratulations on your victory. Like Paul says contact Helpinaz.

Great News on the ones you have over come!!

Please PM me - I need more info - like what borrowed and what paid to date with WS? When did you send them your letter revoking ACH? 8 payments of $325 is $2600... do you really still owe them that and strange that you are getting via email not US mail for you to sign and return - Please DO NOT respond to that email..

Hello. Yesterday I received a frantic text from my BOYFRIEND'S FATHER regarding a message that was left on his cell phone answering machine. It was left around 11:15 AM and said the following:
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"This message is solely intended for Kerriann XxXxxxxx regarding two charges that are looking to proceed against her in court: a breach of contract and defrauding a financial institution. She does wish to dispute these charges prior to the case proceeding in court. Her legal right to contact the attorneys who have named her the defendant in the case. The number provided is 877-XXX-XXXX, referencing case number 971-XXX. There is a two hour stay of execution for her to respond prior to documents being submitted to the local authorities to come out to her residence or place of employment to have her served. This is being documented as an official notification."
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I was then told that my MOTHER received the same message (she lives in FL), my BOYFRIEND'S MOTHER received the same message also, and I'm not sure if anyone else received the call as well.
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That was it. So I called back that afternoon and they told me that the creditor was VIP Loan Shop and the amount due is $1,125. The loan amount I originally took from VIP Loan Shop was for $500.00. A few months ago I notified VIP Loan Shop that payday loans were illegal in NJ and that I only owed for the principle. I offered up a payment plan, but never heard anything back. They tried to deduct the entire loan amount plus the interest of $150 from my bank account in the same week, but it was rejected by my bank at my request. However, they sent me a payoff letter when they tried to deduct the funds, which I still have. Since then, I'm still trying to get back on my feet financially, so I haven't made any payments towards the loan.
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Either way, since then, I haven't heard from them WHATSOEVER. They haven't called, sent any paperwork, emails, etc. So yesterday when I spoke with NCS, they said that unless I paid $125 THAT DAY, that I would be served with papers at my place of employment. So feeling like I had no choice, I paid the $125 because I absolutely positively cannot have them coming to my work to serve me papers.
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So I asked if they could send me something in writing, and they e-mailed me a "validation of debt" that only VIP Loan Shop as the creditor and the amount as $1,125. There's nothing else included with it like my signed loan contract or anything. Don't they have to provide these documents? They also sent me a payment plan, which I agreed to at the time, to pay $333 a month for the next three months to clear the debt.
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So my questions are this: (1) Don't I have thirty days to dispute the validity of the debt before they can start legal proceedings? (2) Don't they have to send me something in WRITING at my request?? (3) Do I have to pay the entire $1,125? (4) Is there any recourse I have against them for threatening to come to my work and serve me papers, especially if the threat was an empty one?
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I need some serious help here. I feel like I've been duped, illegally threatened, etc. Should I just get my payoff letter from VIP and show it to them, even though it was technically returned to my bank account? PLEASE HELP!

Hi everyone. Cash Call has forwarded my loan to Delbert Services (a collection agency I believe.) They have NOT offered me a settlement and want something like $4,000 within 30 days. I e-mailed CASH CALL and asked if the payment plan they offered of 8 payments of $300something still stood, and got a return e-mail from DELBERT SERVICES saying I had to call to discuss payment arrangements. They are the same damn company. Any advice on what I should do? I want to settle up, but I'm not paying double what I actually owe. That's insanity. I thought laws in NJ capped loan interest rates at 30%, NO MATTER WHAT?? Could someone please clarify this?

Fist the phone call that your mother, and boyfriends parents got is a scam. Email them back with a C&D response then file complaints against them with your AG and ignore them. If they continue to harass you file a police report. If you want to get really creative then buy one of the bull horns that people take to sporting games and when they call let them speak for a few minutes so you know its them and then let them have it. This usually keeps them from calling you back for awhile. Don't worry about the phone calls I still get them every couple of months, i just tell them to screw off and hangup, when people I know get the calls I just let them know that it was fraudulent and if they call back to file a police report.

As for cash call / western sky send delbert services a debt validation notice stating that you are disputing this debt and a cease and desist order so they don't call you. File complaints with your AG and the regulating agency in your state that deals with these types of loans.

CASH CALL/WESTERN SKY/DELBERT are getting slammed by AG'S,and financial departments all over the nation.do not agree to anything,or sign anything.just know that the scam they strated about two years ago is cominng back on them.again do not agree to,or sign anything by cashcall/delbert.