Help In TX!
Date: Tue, 07/02/2013 - 16:16
I live in TX and have a number of loans that I'm trying to deal with. I have already closed my account and opened a new one. I have a few legal lenders and two that appear to be illegal.
ACE Cash Express (called and set up payment plan)
CashnetUSA (called and set up payment plan)
Check Into Cash (called and set up payment plan)
ChecknGo: still on hold :/ (but they are usually reasonable)
Ameriloan: research says illegal
United Cash loans: research says illegal
I am preparing to write letters to the illegal ones tonight, but I need to know if I can request a refund on interest paid on previous loans, or to have the account marked paid in full due to overpayment of interest. Regrettably, I don't have records of previous loans-but I know I've been working with these people for over a year.
Now, here's the REAL PROBLEM: I also had a loan with Cash Central. Research shows that they are a legal lender in my state. I ended up defaulting on a payment because I closed my bank account. With all of the money that these places have been sucking from me over time, I can't afford to give them anything until my next payday at the end of the month. I have to pay rent. I have to pay medical bills. I have to eat. Everyone else that's legal is willing to work with me. These people were downright abusive. I asked to speak to a supervisor, and the supervisor yelled at me. I'm a teacher and not even at work over the summer, and I requested they not call me at work. I got yelled at for that and he twisted it to make it sound like I told him I wasn't getting paid this summer. That's not the case at all. I kept saying "I want to repay this, and I want to work with you all, but I need monthly payments I can afford. I defaulted because I had to choose between paying you and paying my rent." I was repeatedly interrupted and shouted at.
I have emailed a cease and desist for phone calls, because I know they will try to call me at work. I will send one via certified mail tomorrow. I also made it clear in the email that since they were abusive over the phone I will only communicate via email or US Postal mail.
But now...what can I do to work something out with them? I'm at the end of my rope here. I was so close to being on my way out of this hell hole.
I should add that I did call
I should add that I did call each of these places before the payments came back in an attempt to set up a payment plan, and they all basically told me to just wait. Including Cash Central. I have the following letter ready to send to them tomorrow, certified mail:
To Whom It May Concern:
On July 2, 2013 I attempted to speak with your collections supervisor, Scott, regarding repayment of a loan. Unfortunately, my payment had been returned by my bank. I found collections to be not only unwilling to work with me, but aggressive and abusive. I was frequently interrupted, my words were twisted, and I found it impossible to carry on a reasonable conversation.
On June 27th, 2013 I contacted your customer service department to tell them that I thought the payment would be returned and to ask about a repayment plan. I was told that I would have to wait until I was contacted by collections.
According to your website:
“Cash Central offers refinancing on your loan as an alternative to non-payment (see our here page for details). If you know you won't be able to repay on your due date, please contact us immediately. You may be eligible to refinance, but we must receive your request call by 5:45 PM MST the business day before your loan is due in order to process a refinance request. If you make no refinance request, and fail to pay the balance when due, your loan will be in default. Subject to applicable state laws, Cash Central provides an Extended Payment Plan (EPP) for Members who are unable to repay a loan. You [the customer] may opt into an EPP if you are unable to repay your loan when due. Any outstanding fee will be included in the amount subject to EPP. You must elect the EPP option by close of business on the last business day before the loan due date by calling Cash Central at 800-460-4305. To elect an EPP, you must sign an amendment to your loan agreement reflecting the new payment schedule. You may pay the transaction balance in four equal payments coinciding with your periodic pay dates. We will not begin collection activities while you are under an EPP as long as you meet all obligations under the EPP. There is no charge for you to enter into an EPP. However, if you default on an EPP, we may charge you an EPP fee and accelerate payment on the balance remaining. All terms of EPPS are subject to applicable state law.
• Fees
If you fail to repay your loan and do not make other arrangements, you may be responsible for additional fees, interest and collection costs.
• Collection Practices
Cash Central abides by applicable Federal and State law in our collection of outstanding loans. Although we are a first party creditor we do conduct ourselves according to the spirit and principals of The Fair Debt Collection Practices Act and treat our customers fairly and respectfully in all phases of the lending process, including collections.
This letter is a further attempt on my part to negotiate a repayment plan that I can afford monthly and that will enable me to repay my loan. As communication via telephone has not been productive and I am no longer comfortable speaking with your collections department, I will gladly communicate via email or US Postal Mail at the address you have on file. As of today, I cannot begin a repayment plan until my next payday of July 31, 2013. As I am also attempting to pay other bills, I am not able to afford more than $200-$225 a month. Please respond via mail or email to let me know if we can enter into some sort of payment agreement. If we cannot, please advise me as to which collection agency I can send payments when I am able to make them. I have every intention of repaying this loan, but I need additional time in order to be able to do so.
Pursuant to my rights under the Fair Debt Collection Practices Act and any other Federal, State, and Local laws applicable, I am requesting that you and your affiliates cease and desist communication with me via telephone, whether at home, work or mobile, as well as anyone else you have or may communicate with regarding this alleged debt and/or all other alleged debts you claim I owe. In the state of Texas, the same laws bind first party collectors.
Please understand that you are hereby notified that if you do not comply with this request, I will file complaints with the Federal Trade Commission and your State Attorney General’s office. Civil and criminal claims will be pursued and I will seek prosecution to the fullest extent allowable under law.
I would also like to use this letter as a warning to you and your company that I may, and likely will, use devices to track and/or record any further, future attempts by you or your company to contact me by phone. Please understand, all future phone calls made by or from your company, whether answered or unanswered, may be tracked and recorded. I may also use this information, if needed, to help prosecute you and your company to the fullest extent of the law.
Cash Central may still call
Unless Cash Central sold your debt to a collection agency they may still call. It is my understanding that they can still call as they are the original lender. I am not sure about calling your work but they can still call your personal number.
Also be warned that United Cash Loans will call your work. It is law in Washington State, where I live, that payday loan companies cannot call a place of employment but they did every day several times a day. I told my employer that I was the victim of a scam and that payday loan companies may attempt to call. you will also want to send a wage assessment revocation letter to the payday loan companies, especially the illegal ones. Also make sure your payroll department receives a copy so they do not garnish your wages without a valid court order.
Be aware of illegal collection agencies calling as well in a few months. The "debt" from the illegal loans may be sold and the illegal collection agencies will use scare tactics like threats of jail time and criminal charges. If you have read the links in this forum for dealing with illegal loans you will know how to handle this.
Hope this helps
Thank you very much. I know
Thank you very much. I know that the illegal companies are going to go pretty far. In Texas, original lenders are bound by the same laws under Fair Debt Collection...once you tell them to stop, they are required to stop. Thanks for the tip on my employer.
Actually legal lenders are
Actually legal lenders are NOT bound by the FDCPA...the FDCPA applies to third parties only,
Also, it is my understanding
Also, it is my understanding in Texas that they cannot garnish your wages unless it pertains to child support or something of the like.
Soaplady, I believe in Texas
Soaplady, I believe in Texas (that is according to several websites, including the Attorney General's website) that first party collectors are bound by the same laws as third party collectors. We're one of the few states that operates that way. Same thing for wage garnishments. I'm notifying my employer that I was the victim of a scam and to basically ignore phone calls that come in asking for me. I'm hoping that it helps!
Well....no calls from anyone
Well....no calls from anyone this week, at least not on my cell phone. I sent an email to my employer saying that my information had been compromised, so if I get calls there, I hope I'm covered. Fingers crossed.
Well, I finally got a
Well, I finally got a response from Cash Central and they're working with me. It took a lot to get there, though. I'm honestly shocked by people who said they got an EPP from them without any problems.
I got a response for a settlement offer from Ameriloan and United Cash Loans, stating that they're legal because they're tribal, yada yada.
I sent them this:
To Whom it Concerns,
As you were lending to a resident of Texas, you were bound by Texas laws. This is true regardless of your tribal status. The loan which you issued to me was illegal. While I am not obligated to do so, I would be willing to pay the principal amount only. However, I am confident that, as I have a long history with your company, I have more than overpaid the amount of my current loan in interest and fees from previous loans. Rather than request a refund for overpayment, I am simply requesting that my account be marked as paid in full.
I would like to remind you that I am revoking authorization for ACH withdrawals and any wage assignment I may have signed.
Furthermore, pursuant to my rights under the Fair Debt Collection Practices Act and any other Federal, State & Local laws applicable (15 USC §1692c, (Fair Debt Collection Practices Act) , I am requesting that you cease and desist communication with me, whether at home, work or mobile, as well as anyone else you have or may communicate with regarding this alleged debt and/or all other alleged debts you claim I owe.
Please understand that you are hereby notified that if you do not comply with this request, I will file complaints with the Federal Trade Commission and your State Attorney General’s office. Civil and criminal claims will be pursued and I will seek prosecution to the fullest extent allowable under law.
I would also like to use this letter as a warning to you and your company that I may, and likely will, use devices to track and/or record any further, future attempts by you or your company to contact me by phone. Please understand, all future phone calls made by or from your company, whether answered or unanswered, may be tracked and recorded. I may also use this information, if needed, to help prosecute you and your company to the fullest extent of the law.
Please respond to this email with acknowledgment that my account has been satisfied in full.
I haven't had any calls from them recently, but apparently this "settlement offer" expires tomorrow...so who the heck knows. If they call at work I hope it won't get me in trouble.
Hi crazycatlady,
Hi crazycatlady,
Honestly, I'm surprised that you've had so many problems with Cash Central. They've always been very nice and worked with me. Recently, I inquired about an EPP using their chat online and the representative (Amber) was very nice and gave me the details I would need to sign and fax back a new agreement w/4 equal payments.
I didn't end up using it, but I really didn't have an issue getting that. I'm glad something has worked out though.
NO
read the post.the letter is meant for tribal lenders.they have an EPP with cash central.again read the whole post please.
