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Xpress Cash/PD6 Ventures

Date: Wed, 03/22/2006 - 12:34

Submitted by rkai93
on Wed, 03/22/2006 - 12:34

Posts: 117 Credits: [Donate]

Total Replies: 98


Guys, I got this email today:

"The difficulties experienced by the collection department at PD6 Ventures/Express Cash when attempting to obtain the slightest amount of cooperation from you have led to your account status being changed to “Refusal to Pay/Intentional Neglect”.

This is a serious matter and all appropriate actions will be taken to collect this balance. Through your actions and lack of cooperation, it is evident that you have no intention of paying this account willingly and further actions must be taken.

Whether or not you considered it or not, borrowing money and intentionally neglecting to repay what was loaned to you is stealing. The consequences for the actions that you have taken were clearly explained in your signed loan contract. To avoid these consequences, return one of the attached authorization forms before 4:00pm CST today, March 22, 2006, so that this balance can be cleared without further incident. Fees will be added to your balance after 4:00pm CST.

If you have any questions about your account with PD6 Ventures/Express Cash, feel free to contact me by phone or email.

Heather Lawson
Debt Reconciliation ConsultantThe Loan Shop: PD6 Ventures/Express Cash
Phone: 800-859-6439 Ext. 241 241
Fax: 800-757-8373
P.O. Box 26413
Kansas City, MO 64196"

I responded with a letter like the ones POlly has sent, to which I got back:


what are your thoughts on how I shuld proceed? I told her my consolidator would contact her...but has she broken the fair debt law with these emails???


I received the same letter via email, only mine was from Jennifer Garcia, and she also attatched an ACH authorization form for me. LOL- like I would really give them my new bank account info!

I replied to her that I had consolidated with T&C 3 months ago, and they have been receiving timely payments that they agreed to and to direct any further questions to T&C. She never replied.

Crystal


lrhall41

Submitted by cmcdonald on Wed, 03/22/2006 - 12:59

( Posts: 80 | Credits: )


Have you called someone (attorney general, consumer protection etc) from your state to let them know of an unlicensed business that is carrying on transactions within their state? I don't know what state you live in, but here in VA they were very happy to contact the online lenders for me. The online companies *think* they are protected by internet/ interstate commerce laws but they still have other laws to abide by.

lol I love that the rep tries so hard to come across as professional, but quickly resorts to typos and yelling.


Good luck!


lrhall41

Submitted by set4sail on Wed, 03/22/2006 - 13:18

( Posts: 412 | Credits: )


[quote]Quote:

Have you called someone (attorney general, consumer protection etc) from your state to let them know of an unlicensed business that is carrying on transactions within their state? I don't know what state you live in, but here in VA they were very happy to contact the online lenders for me. The online companies *think* they are protected by internet/ interstate commerce laws but they still have other laws to abide by.

set4sail - who did you contact exactly? what did you say?[/quote]


lrhall41

Submitted by rkai93 on Wed, 03/22/2006 - 13:21

( Posts: 117 | Credits: )


I got the same email but from Sharon Williams. The sad thing is I did pay the principal off back in October. I paid the $300 plus $90 fee. I have paid them $660 since June 2005 til October 2005. Then out of the blue I got this email in Feb 2006 stating Refusal to pay, blah, blah. So I called Sharon Williams and asked her what was going on. She acknowledged I paid my principal back in October but she stated I still have another $390 outstanding in fees. So I asked her for the explaination/breakdown of this and she refused. She was not willing to work with me at all! I even sent a debt validation letter which she said they don't have to acknowledge b/c they are the orginial creditor, I sent them the letter polly put together stating KY laws (where I live) and they said they don't have to acknowledge this either. Nor will they show me the fees of $390 I still owe. I'm stuck on what to do next. I'm just going to sit tight and pray they sell off my account to a collection agency in which I will re-request a debt validation form and then see if they can provide me a breakdown of the fees. What pain in the a$$es. I have been so cooperative with this company and now they don't want to cooperate with me. What do you do now? I really don't want to get a lawyer and go through all that hassle, but if they pursue me any further, I will have to do that. The sad thing is I don't have the old emails from Sharon Williams stating I paid my principal b/c they were back in October and I figured I was done with this company. I guess I have learned my lesson with these folks.


lrhall41

Submitted by on Wed, 03/22/2006 - 13:25

( Posts: | Credits: )


"First of all ma'am you got this loan over the internet, which does not fall under ANY state law. You should have never took the payday loan out if you did not want to pay and what does your state law say about STEALING????????? I have a SINGED contacted that authorize me to recoup out funds, that you stole. Thanks"


I like her run-on sentences and her misuse of punctuation.

How do you sing a contract? Oh I'm sorry, a SINGED CONTACTED...What the heck is that? LOL


lrhall41

Submitted by Jessi on Wed, 03/22/2006 - 13:27

( Posts: 3361 | Credits: )


how do I find out if California regulates paydaylenders?? I feel like such an idiot when it comes to this stuff! And where can i show this $#&#$& that her company does fall under some laws and regualtions...look at the three other peopl ebesides me that they bully.....Sonic, Cash today, and now PD6/express cash......i jsut want to throw the book athtese folks, but I can't afford and attorney


lrhall41

Submitted by rkai93 on Wed, 03/22/2006 - 13:29

( Posts: 117 | Credits: )


rkai- thanks to folks here, and some Google searching, I found the VA codes that stated the laws, then found which regulatory agency would oversee those laws. I called that agency several times (here in Virginia, payday lenders fall under jurisdiction of the Bureau of Financial Institutions), and finally someone connected me to the right person.

What did I tell them? Which companies were involved, contact info for them, what their responses were to licensing requirements. I had to fax over any documentation I had so the investigator could look it over and use it for reference when contacting the companies.
*evil grin* I had even talked to the owner of one company, and he had argued with me about licensing. Turns out they were even violating laws in the state they are licensed in.

Here is a link to an Adobe file that lists state by state info, including references to which state laws cover payday lending:

consumerlaw.org/action_agenda/payday_loans/content/NCLC_SUMMARY.pdf

another state by state summary:

credit.com/credit_information/credit_law/PaydayLoanLaws.jsp

For California, regulations are in financial code 23000 through 23106:

aroundthecapitol.com/code/code.html?sec=fin&codesection=23000-23001


lrhall41

Submitted by set4sail on Wed, 03/22/2006 - 14:15

( Posts: 412 | Credits: )


ooooooH! thank you! it get's so overwhelming...and jsut when you feel like you can stand up for yourself, something happens that kicks you down a notch...it's always harder to see the forest through the trees when dealing with your own situation.....thanks all for your help!


lrhall41

Submitted by rkai93 on Wed, 03/22/2006 - 14:18

( Posts: 117 | Credits: )


According to the state of CA, no one can lend money to a CA resident without being licensed in the state of CA. Also, if they charge more than what is allowed by CA law, the contract is null and void.
code 23060 (a)
The amount of each loan is limited to $300, and fees are limited to 15% of the loaned amount.


lrhall41

Submitted by set4sail on Wed, 03/22/2006 - 14:31

( Posts: 412 | Credits: )


Yeah, what JJ said. They are under as much obligation to abide by the laws as we are. They can't have it both ways: trying to enforce collections under legal standings, while in violation of numerous laws. It's another version of the pot calling the kettle know what I mean?
The payday lenders are overseen by the CA Dept of Corporations

CA penalty for each violation is $2500 PER.


lrhall41

Submitted by set4sail on Wed, 03/22/2006 - 14:50

( Posts: 412 | Credits: )


Ms. Lawson -
I feel that you need to be aware of the following:
According to the state of CA, no one can lend money to a CA resident without being licensed in the state of CA. Also, if they charge more than what is allowed by CA law, the contract is null and void. code 23060 (a)
The amount of each loan is limited to $300, and fees are limited to 15% of the loaned amount.

And yes, according the the California Department of Corporations, this does cover internet payday loans. As well, if the loan was issued to a person in California, it falls under CA state law.

So, due to the amount I have already paid in fees to you (that have broken the state ursury laws) and the fact that the California Department of Corporations that governs lenders deems your practice illegal...I have filed an official complaint with their offices.

Again, I am happy to pay the amount loaned less the fees already paid. If you provide me with that figure, I will make sure that is included in my consolidation plan, and you can begin to receive payments on that after 4/3.


lrhall41

Submitted by rkai93 on Wed, 03/22/2006 - 17:14

( Posts: 117 | Credits: )


Guys, I seriously don't know what i would do without this forum and all of you who give such support. While the internet breeds such terrible entities as the payday lenders, it also breeds sites like this - where we band together and help each other. Every comment and every bit of advice make smy day brighter and let's me see a light at the end of the debt tunnel....thanks SO much! And I will keep you posted...i have a feeling she won't be nice, but she actually might back down. Cross your collective fingers for me!!


lrhall41

Submitted by rkai93 on Wed, 03/22/2006 - 17:36

( Posts: 117 | Credits: )


I received the same email from them. She must have taken over their accounts because I was working with an Ian Mason and she told me he is no longer with the company. She said I owe over $1000. I told her to look over her items because I only owe $300 which I was sending in $100 a month. She then came back and apologized and saw that Ian had worked out a plan with me, and they dropped a bunch of fees and he was working with me. I am letting her use my debit card for checking and so far everything is working. She has taken out $200 of the $300 owed. I have one more payment to go. Then I am supposed to call her and get a PIF from her. That will be in two weeks.


lrhall41

Submitted by on Thu, 03/23/2006 - 10:09

( Posts: | Credits: )


Like I said this was over the internet, no state law on the internet. STOP emailing me till you want to take care of YOUR responsible and if you were SO worried about your state laws why would you take out 3 payday loan with my company. There is no reason to keep emailing me because you are not going to take care of your bills. Good luck [quote][quote][/quote][/quote]

that was my response...she is lame...can't even spell or use proper grammer....
My DC will deal with her


lrhall41

Submitted by rkai93 on Thu, 03/23/2006 - 10:53

( Posts: 117 | Credits: )


Guest,
Be careful and make sure you get this letter PIF. I had worked out payment arrangements for $390 ($300 principal) and I had them state this was the end. But now, 5 months later I'm getting their emails stating I still owe more. Dumb me didn't keep the other emails about paying off the principal and being done. Keep your copies!


lrhall41

Submitted by on Thu, 03/23/2006 - 11:32

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I have an outstanding payday loan with Xpress Cash that I initially inteded to pay in full, no problem. However, because the person who handled my account (Susan Scott) screwed up and admitted via emails that she placed two loans in my account instead of one, it turned into a big mess with them repeatedly trying to get money out of my account thus causing me overdraft fees, etc. etc. I wound up having to close the account.

In any case, I did plan on paying them the ONE loan I took out them. Then I get a phone call today from someone threatening me to call back by 5:00pm or they will send the cops to my job and file criminal charges etc. The first time he called I instructed him that I had previously sent a letter to them via fax asking them not to contact me by phone. Then I hung up on him. He proceeds to leaving this long message on my phone that they are not bound by any fdcpa laws and they can call as often as they like, etc. He told me I stole money and used every scare tactic he could fit in until my voicemail cut him off. My question is, what should I do? Just pay them or what? What is TCC? I did save the voicemail just in case I need it.


lrhall41

Submitted by TGIF16 on Thu, 03/30/2006 - 08:04

( Posts: 16 | Credits: )


They man who called me left this #: 800-559-6439


lrhall41

Submitted by TGIF16 on Thu, 03/30/2006 - 08:13

( Posts: 16 | Credits: )


First of all. They are not allowed to threaten you at all. that is against the law. I"m glad you saved the voicemail that will come in very handy if you pursue this further. It is a civil matter at best for defaulting on a payday loan. Store front lenders are different. It is their screw up make them fix it. You only took out one loan and that is all you need to pay back is one loan.


lrhall41

Submitted by Not so Lucky on Thu, 03/30/2006 - 08:42

( Posts: 3041 | Credits: )


When this happened back in December I spoke to Susan Scott several times. I suppose after she realized she made a mistake, she turned it over to their "collections" department. Because I wound up having to close my checking account with BOA and also incurred numerous fees because they continued to try and take the deposit back, I was unable to pay the legitimate loan I owed them for $390. I have no problem paying them; however I do not want them to keep calling my job, harassing me, and threatening me. The guy called right back and just sat on the phone. I know it was him. Then he called back a third time and just hung up. I am thinking the best thing to do would be to make arrangements to pay them off the $390 and just leave it at that. I can email them but I refuse to talk to them over the phone.


lrhall41

Submitted by TGIF16 on Thu, 03/30/2006 - 09:16

( Posts: 16 | Credits: )


PDL associate,

yes they got their original $300 back but they also tried to charge me $180 in loan fees they continually tried to take out my account. $90 for the first loan and then another $45 in their overdraft fees twice. I didn't have $180 in the account. they couldn't get it but they tried and everytime they attemtped to collect money, BOA charged me their own overdraft fees. That is why I eventually had to close the account. I paid off the overdraft balance to BOA but all of this nonsense left me unable to pay the second loan they deposited, which went in my account before I closed it. I used the money because I needed it but I never paid them back. I wrote Susan Scott several times agreeing to set up arrangements to which I was told the only way they would make arrangments with me is via my checking account. there was no way I was giving them my new bank info. I hadn't heard anything from them since late January until today when this guy called my job. Prior to that, they called a few times and I again offered to make arrangments and also asked them to stop calling me at work.


lrhall41

Submitted by TGIF16 on Thu, 03/30/2006 - 09:43

( Posts: 16 | Credits: )


PDL,

Don't you think the system is buggy? TGIF has contacted Susan several times; despite of knowing her mistake she transferred the account to collection. Why? Why they don't have the guts to accept their fault and rectify it? Will they miss their incentive?

I think there is a communication gap. Payday lenders off-shore their customer care very often and the overseas branches do not receive the update at the right time. Just think of the case ??? when a person consolidates the loan and inform the lender that he will be paying through a consolidation company, still they try to hit the checking account. Even after receiving payments they continue debiting. Don't you think this is a bad practice?

Unfortunately there is nothing left for TGIF but calling Susan.


lrhall41

Submitted by curlycarl on Thu, 03/30/2006 - 12:04

( Posts: 616 | Credits: )


I think that errors are made. That is true of every business. If TGIF called and spoke with Susan today, explained the situation rationally, XpressCash would issue a refund (that is a fact; if error was made on their part, they will rectify the situation, but the consumer has to be proactive; that is also true of dealing with any business). The account was sent to collections because she closed her account. That will do it every time. Accounts can be taken out of collections.


lrhall41

Submitted by on Thu, 03/30/2006 - 13:50

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I had a call from Brad Reagan. Trying to itimidate me into paying $1100 on an account that I know I paid in May 2005. He wouldn't provide me with any kind of statement. Kept telling me that if I didn't make full payment w/in 2 weeks, he would start litigation and prosecution. He told me that if I paid in 1 1/2 weeks, he would bring the balance (of something I know I already paid in full) down to $480. (boy isn't that nice of him??) He kept telling me that he's from PD6 Ventures and he's in the Legal Department of the Lawyers office. hmmm, PD6 Ventures sure doesn't sound like an attorney's office. I'm glad others had comments on here. Thanks for the insight.


lrhall41

Submitted by on Mon, 04/03/2006 - 11:52

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I received the same letter from PD6/Express Cash and I recently spoke with Amanda and told her I would pay what I owe only with no extra charges and got this letter I will call and offer to settle with what I owe and no more any ideas.


lrhall41

Submitted by raffi on Tue, 04/04/2006 - 05:38

( Posts: 123 | Credits: )


I just received a call at work from this guy. He said he was from Timber hill. Said i had a loan from may 2005 that was originally 200.00 now it is 645. Told me he would settle now for 290. Told him I had no idea what he was talking about. Then he started yelling at me and told me he was goin to prosecute.


lrhall41

Submitted by on Tue, 04/04/2006 - 13:49

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These people are dirtbags. We all seem to grow a little bit and certainly learn a lesson in life when we deal with one of these companies. I don't care what they say.


lrhall41

Submitted by on Tue, 04/04/2006 - 20:11

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