Getting rid of payday debt in New Jersey
Date: Sun, 07/07/2013 - 06:43
The payday loan listed below are illegal in NJ because of no licensing, tribal and/or off-shore.
I have loans through:
My Cash Now $300.00. Paid 319.11 in fees <- Don’t owe the because the interest I paid is more than the principle. I’ll demand a refund of $19.11 I’m not sure if I’ll get but at least the loan will be paid in full
United Cash Loans $350. Payoff balance is $455 They scheduled the first payment for this Friday of $105. If I pay according to the repayment schedule the amount would be $735. I’m only going to pay the principle of $350
Cash Yes $400. Paid $400 in fees. I don’t owe them anything
Great Plains Lending $1300. Current principle 1256.06 paid $703.63 in finance fees. They will only get $552.43. Principle minus finance fees.
Plain Green Loans $800. Current principle $753.72 finance fees paid $251.25. Subtracting finance fees from principle $502.47
I started by drafting ACH Revocation letters for each PDL. I’m going to my bank on Monday 7/8 to revoke ACH. I’ll bring the Revocation letters in case they need them. I’m going to stress to the bank that I am revoking ACH payment and NOT stopping a payment and I want to close my account and open another. I’ll also tell them I do not want my new account linked to the old one in any way shape or form. I’m also to give copies of the wage assignment letters to my employer in case the loan companies try to do a wage garnish.
I also drafted letters I am going to be sending by e-mail to each lender that I revoke ACH and wage assignment and telling them that providing loans to New Jersey residents is
violation of the law. I’m going to calculate how much I paid in interest or “finance fees” as they like to call it and subtract that from the principle of the loan. I’m going to tell them that I’ll pay back the principle only but it will be on my terms.
I’m going to use the verbiage for these letters found in the topic “Dealing with Unlicensed Payday Lenders (step by step)” posted by OhioGal1
In fact, doing some research, my loan from Cash Yes is for $400. So far paid exactly $400 in finance fees. So basically I don’t owe them anything. I’m going to demand they send me a letter stating that my loan is paid in full.
I got 5 illegal payday loan companies to deal with.
I have some questions,
My paycheck will be direct deposited this Friday July 12. Should I tell my bank to make my account deposit only until the check is in there and withdraw the entire amount and put it in the new account? Or just give my employer the new bank account number immediately after I open my new account? I’ll have to anyway for future paychecks to be deposited.
Follow up question
I wrote ACH revocation letters for each PDL that I'm going to give my bank. The letters read,
To Whom It May Concern,
I hereby revoke any and all EFT/ACH transactions by your company to any and all of my personal bank accounts, per federal law, Regulation E Section 205.10. I also revoke any and all wage assignments I may or may not have signed with your company
I'm also going to write letters explaining the legalities of payday loans, ACH revoke and other topics using the sample letters in the topicDealing with Unlicensed Payday Lenders
The sample letters also include ACH revocation and wage assignment as well. Should I merge the two letters? Or should I just use the letter in quotes for my bank and the longer letters for the lenders?
Welcome to the forums - all
Welcome to the forums - all looks in great order for you so far.. Yes I would recommend that you put the account on deposit only until your Direct Deposit can be rerouted.. the important thing is to remember not to have the new account linked to the old in any way.. If your employer can get the Direct Deposit rerouted faster not an issue.. At bank make sure talk to someone that knows what they are doing.. You want to give the same letter to both the lender and the bank -ACH revocation and cancellation of wage assignment - you also want to stipulate that all communications be in writing only - no calls are allowed.. If you like you can post a copy of letter here for us to review. Remember on the ones that you are going to repay principal - you are in control of how - we do recommend money order only..
Payment arraignments
When I call the PDL companies to make arraignments, do I agree to pay a certain amount each month? Or do I make my own payment plan that benefits me and ignore their attempts of making agree to a payment plan.
What if they reject me repaying on my own terms?
You do NOT call them to make
You do NOT call them to make arrangements. You TELL them how much you will pay via money order and US mail only.
If they reject this, to bad, so sad for them. LEGALLY you owe them nothing. THe contract is dirty thus it is null and void.
My Cease Letter
Here is one of the cease letters I have written. I took out the part where I said I would call to make a payment plan.
Plain Green Loans
It has come to my attention that payday loans are prohibited in the state of New Jersey. (Consumer loan act, N.J. Stat. Ann. tit. 17, 1 et seq., N.J. Stat. Ann. 2C: 21-19., N.J. Stat. Ann. 17:15A-47)
Your company must also be licensed by the state of New Jersey in order to offer loans to its residents. Since your company has no license in my state, the loan contract I have with you is not valid. Although I am not legally required to do so, I am willing to repay the principal balance of this loan but NO interest or fees. To date, I received a deposit of $800.00 on June 4, 2013. I have had 2 bi-weekly withdrawals of $115.31.
The total finance fees I paid so far are $184.34. The current principle on the loan is $753.72 however since this payday is illegal in New Jersey any interest and finance fees I already paid must applied to the principle. 753.72 - 184.34 = 569.38
I will pay what is left on the principle of the loan of $753.72. Which is $569.38. I will call to set a payment arraignment.
I’ll make payments towards the principle. I will be doing this own my own terms. I’m only doing with money orders sent through the U.S Postal Service. I am NOT using any credit cards or bank accounts to do this. Please provide a physical address where I can send the money orders. If you reject the plan you will get nothing, as I’m not legally obliged the repay an illegal payday loan.
I am also revoking authorization for ACH withdrawals and any wage assignment I may have signed. I have given a copy of these revocations to both my bank and my employer. Any future attempts to collect funds in this manner will be blocked. Also be advised that I am also prohibiting you from contacting any people I may have as a reference
I also demand that you may no longer contact my place of employment. As part of the Fair Debt Practice Collection Act once I inform you of this you must stop immediately or you are once again be in violation of the law.
At no time will a Plain Green Loans representative, parent company, subsidiary, or affiliate of Plain Green Loans, place any derogatory mark on my credit report with any credit bureau, nor any other check writing database, such as Teletrack or an equivalent database. If Plain Green Loans does not abide to the settlement conditions stated above, I will have no choice but to formally complain to, and request that the Attorney General of NJ, John Jay Hoffman, file criminal charges against Plain Green Loans for its illegal lending practices to the consumers within the State of New Jersey.
I'm in NJ too...
Just beginning the process re: three loans. Ameriloan contacted me today, they mentioned this forum in their email LOL (you're providing "misinformation", so they say), then, after a spiel about how the loan is legit, they offered me a settlement. Which I will refuse as THEY owe ME money. Thanks for everyone's advice and help!
@ MIB - I would just say I
@ MIB - I would just say I borrowed $800 - I have repaid to date - $230.62 - so I will be repaying - $569.38 - if you know now, lay out how.. I would also put that all communications need to be in writing only..
here is an example of my letter to them last Oct. -
"Plain Green Loans, Reference #XXXXXXXX It has come to my attention that this loan is illegal in my state, due the Small Loan Rate Cap of 36% per year in place in Arizona and not being licensed to do business in Arizona. Therefore, the loan contract that I have with you, according to my state’s laws, is not enforceable. I have contacted the Arizona Office of Financial Institutions and the Arizona State Attorney General’s Office regarding your internet loans and was informed they are indeed illegal in Arizona and was advised to pay what is due according to principle amount only of the loan. Although I am not legally required to do so, I am willing to repay the principal balance of this loan. To date, I received 2 deposits of $800 each, one on 11/15/2011 for one on 8/10/2012, and have had 17 bi-weekly withdrawals of $130.57, 1 withdrawal of $120.70 and then 2 more bi-weekly withdrawals of 131.25 debited from my account. This results in an over payment of $1002.89. At this time I am requesting a return email acknowledging that my loan has been paid in full. Also, I would like a refund of the $1002.89 over payment. A refund check of $1002.89 should be mailed to me at the address you have on file. I am also revoking authorization for ACH withdrawals and any wage assignment I may have signed. I have given a copy of these revocations to both my bank and my employer. Any future attempts to collect funds in this manner will be blocked. I demand that any contact be made through US Postal mail or email only. I will need everything in writing to keep accurate records of all communication as per instruction from my state Attorney General's Office. I prohibit you or your affiliates to contact me via telephone at my place of employment, my home or cell telephone number. I also prohibit you from calling my references listed on my loan. Please respond to this email with acknowledgment that my account has been satisfied in full. Details of when I can expect the refund check, as discussed above, should also be included in the email "
Did the first step
I'll edit the cease letters to include instructions for communicating by mail only.
To get the ball rolling, I went to the bank this morning and opened another account. My current account will be closed as of tomorrow. I still have 3 debits pending for the electric bill and 2 grocery stores. They will clear tomorrow because I made those last Friday.
The lady at the bank will look at my old account after the debits clear and close it for good. I'm going to call to confirm that the account has been closed. Then I'm going the send the PDL companies the cease letters after the account is closed.
I was going to send them today but I don't want them to try and take money from my account and causing any NSF/over draft fees.
I'll keep everyone updated.
HelpinAZ, did you get your refund from Plain Green Loans?
All looks perfect! And no
All looks perfect! And no refund, they are really few and very far between, but you will not be continuing to pay them.
Got 2 replies so far.
I sent my cease letters to Plain Green Loans, Great Plains Lending, Cash Yes and United Cash Loans.
Within minutes I got a reply from Plain Green and Great Plains
Thank you for contacting Great Plains. This is an auto-acknowledgement confirming the receipt of your message - please do not reply to this email.
Your request has been received and one of our online Representatives will be responding to you within one business day. If your request requires immediate resolution, please call 877.836.1506. Representatives are available Monday through Friday, 8 a.m. to 10 p.m. and Saturday 9 a.m. to 5 p.m. ET, to assist you.
Sincerely,
Great Plains Lending
Thank you for contacting Plain Green. This is an auto-acknowledgement confirming the receipt of your message - please do not reply to this email.
Your request has been received and one of our online Representatives will be responding to you within one business day. If your request requires immediate resolution, please call 866.420.7157. Representatives are available Monday through Friday, 8 a.m. to 10 p.m. and Saturday 9 a.m. to 5 p.m. ET, to assist you.
Sincerely,
Plain Green Loans
Do any one know of an e-mail address for My Cash Now. I looked on http://www.online-payday-loans.org/contact-info/my-cash-now/ but I couldn't find an email address.
mycashnow
I went to their website and they don't list an email anywhere on it that I could find. They are affiliated with paydaymax and they list their mailing address as 1712 Pioneer Ave. Ste. 1410, Cheyenne, WY 82001. Try looking at paydaymax you might find something there.
I looked for an email -
I looked for an email - couldn't find one either - you might try to call them and see if they will give you a fax number or email? Good news on sending to GP and PG - I knew you would get the generic response right away - now it is a wait game and just stay off the phone with them..
update
I logged into the Great Plains Lending website and it says the account is flagged for not having correct banking info on file. I guess this is standard when you do do a revocation. I also logged onto Plain Green Loans but there is no flags similar Great Plains. I printed the email from both saying they got my message.
United cash loans sent me an e-mail which i printed as well. I didn't get anything from Cash Yes. I called to confirm the e-mail I sent. I told over the phone that I'm revoking ACH and explained the legalities. They put on hold and came back and said my loan is considered PIF.
I called My Cash Now and the liar said they are registered in New Jersey. I informed them that they are not. I even asked for their lending license and they said they can't give that information.
I told them that the fees and charged they debited where higher than the principle and I owed them nothing and I'm going to consider my loan to be PIF. I don't care if they don't refund me my $19.11.
They put me through to the Credit Protection Depot. They gave me an address the send my letter stating about the ACH revocation. The idiot told me they are still going to debit my account. I told them the account is closed. And he said they are still going to make the ACH debit. My bank is going to reject it anyway.
Cazy on cash yes, saying that
Cazy on cash yes, saying that over the phone, can you log in and see if you have a balance - you will still want something in writing.. This is what I received eventually from GP's "Pursuant to your request, we have removed your contact numbers from our system and we will make no further ACH debits from your account. Your account has been closed from further collection activity." My Cash Now - just ignore.. glad your account is secure... did you have any trouble with your bank working with you?
New bank account
No problem with the bank. They closed my account and opened a new one for me.
The Credit Protected said they can only receive my Revoke Letter by fax or Post Office. However I found an e-mail form them and sent my letter via e-mail. Should I still send the a letter by postal service?
I'm going to e-mail Cash Yes and demand they send me an e-mail stating my loan is PIF.
I would send via email and
I would send via email and fax - both free and will have proof sent.. get the FA confirmation that you sent should be all you need..
and yes, Cash Yes should still send you something.. put in your email that per your conversation on this date with who ever you spoke with on the phone that you were advised that your account was marked PIF - and see what they say..
mycashnow
I agree with helpinAZ about My Cash Now. I would fax the ach revocation to them and Credit Protection Depot and not worry about them anymore. CPD is incorporated in Silver Springs, NV but best I remember they are located in Canada. Anyway, I had an account with MCN and revoked ach with them and CPD about 2 years ago, never heard a word out of them. They didn't try to debit my account either and I didn't close it.
Another Update
Got an e-mail from Great Plains stating they agree to the ACH revocation letter. They also said the reply to the e-mail to set up a mutually agreeable payment plan of 6 monthly payments for the principle of $629.85. I never discussed a payment plan in the first place, so I'm going to send an e-mail demanding a psychical address for money orders. I'm going to tell them I'll send no more than $60 a month. The terms they want me to agree is 104.97 per month.
I logged onto Plain Green and it said my account is flagged for having no valid banking info. I'm sure I'll receive an e-mail similar to the one above.
Logged onto United Cash Loans and the loans status reads as,
Balance 455.00 (original loan 350.00)
Next amount due: $0.00
Next Principle due: $0.00
Next Charge Charge Due: $0.00
I printed that page for my records.
Never got a letter about repaying the principle.
Cash Yes. I got an e-mail from them saying my account is PIF. Of course in the first paragraph they claim to be immune to New Jersey laws about PDL companies.
I printed this e-mail as well.
The idiots at Credit Protection Depot /MyCashNow still want to debit my account. But is it's been closed since July 8.
You are on track - tell them
You are on track - tell them how you will pay - when they agree - you send - if they don't you don't.. Great news on Cash Yes! Still try to get something from Untied Cash Loans - agreeing to payment plan.. the 0's I am guessing is because the can't debit account, you have not paid on this one right?
exactly right
you owe great plains 522.42 not the 655 plus they claim.as helpinaz stated do not send anybody a thing until they first agree on the actual amount owed,not their inflated balance.then you send what you can when you can.you are in control.not them.btw congrats on the cash yes.they are something else..literally.
Another Update
This past Thursday I sent an ACH revoke letter to Credit protection depot. They handle My Cash Now. That night I call CPD to confirm they got the letter and they did. The guy tried to set up a payment plan and I told him no because the fees and interest I paid exceeded the principle and I'm considering my loan to be PIF.
Today I logged onto the My Cash Now website and it read, "The user has opted out of all electronic communications".
He tried a 2nd time during the phone call to set up a payment plan and I firmly told him no.
United Cash sent me an e-mail about a payment plan payable by ACH or prepaid debit, however they want the principle and fees. I have to send them a message that I only owe the principle. And I'm going to demand a physical address for money orders. If they don't agree then they won't get a dime from me.
Good News - just stand your
Good News - just stand your ground - if they want any money they will agree to your terms..