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Usury Laws in your state! My loan is marked PIF!!!!

Date: Fri, 06/02/2006 - 11:23

Submitted by KittieKat
on Fri, 06/02/2006 - 11:23

Posts: 308 Credits: [Donate]

Total Replies: 47


I faxed several letter to my payday loan companies this morning. My state prohibits usurious loans. I used the Polly blog lettet. I already received an email from one of my loaners stating my loan is now paid in full and forgiven! Please keep in mind when you read this. I have paid so much into my loan that it was paid over twice if not more. Some I requested a refund......more details to follow


Yes, the email stated a receipt is being sent to my home! (I put that request in my letter) Finsfan, Thank you so much for you help! I appreciate you going above and beyond to help me with this


lrhall41

Submitted by KittieKat on Fri, 06/02/2006 - 11:52

( Posts: 308 | Credits: )


How do I get a copy of that letter? It sounds like it is working great for many people and I would like to try.


lrhall41

Submitted by hbomb95 on Fri, 06/02/2006 - 11:57

( Posts: 20 | Credits: )


I have 2 pdls that I am having trouble with. My bank will not block the debits until I obtain a written statement that they are taking money out without my authorization. Also I can't close my account until my city utility check clears.....If those companies take any money...the check wont clear. I need help!


lrhall41

Submitted by hbomb95 on Fri, 06/02/2006 - 12:06

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Keep in mind, you need to check with your state regarding laws on this. Some states have no laws regarding small cap loans or payday loans. You can find most information that you will need on the internet. I typed in my state then usury laws regarding payday loans. See what you can find


lrhall41

Submitted by KittieKat on Fri, 06/02/2006 - 12:15

( Posts: 308 | Credits: )


hbomb, check out my link above, they have law but it is not to great. my state does not allow usurious payday loans.


lrhall41

Submitted by KittieKat on Fri, 06/02/2006 - 12:27

( Posts: 308 | Credits: )


I just spoke to T&C and pulled my payday loans out of my program that I have paid mucho bucks into and told the rep why i was doing this (requesting a refund due to my state laws) she made a comment that she is seeing this alot lately hmmmm. Maybe someday Payday loans will be illegal PERIOD!


lrhall41

Submitted by KittieKat on Fri, 06/02/2006 - 13:36

( Posts: 308 | Credits: )


I live in New Jersey....here is my usury law
New Jersey State

Legal Status: ProhibitedCitation:Consumer loan act applies but rates as agreed to by contract. N.J. Stat. Ann. tit. 17,?? 1 et seq. However, criminal law sets the usury cap at 30%. N.J. Stat. Ann. ?? 2C: 21-19. A check cashing licensee cannot cash or advance money on a postdated check. N.J. Stat. Ann. ?? 17:15A-47. Small Loan Rate Cap30% per year


lrhall41

Submitted by KittieKat on Fri, 06/02/2006 - 14:09

( Posts: 308 | Credits: )


will keep all of you updated! thanks for the support, you guys are awesome :D


lrhall41

Submitted by KittieKat on Sat, 06/03/2006 - 07:44

( Posts: 308 | Credits: )


Hi I have lots of payday loans and i need help getting out from under them . I even have them changing their names and taking out hundreds of dollars more than what I orig loaned for. please help me.. I live in MT - will this letter you are all talking about help me? thanks SO much


lrhall41

Submitted by on Tue, 06/06/2006 - 12:48

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Hbomb..
I emailed you several links this morning. Illinois doesn't have Usury laws as such,but does have specific laws relating to Pay Day loans and Short term Loans. please check the information I sent out and let me know if you need additional assistance.

It is important to now that in Illinois as a result of the Payday Loan Reform Act, there are are now two different types of loans. the Payday Loan as out lined in the law, and a new "short Term Consumer Installment Loan" which IS not Currently regulated. This loan was created by many lender to circumvent the Pay Day Loan Reform Act. As a result, the state is seeking comment in preparation for issuing new rules which would govern these loans in a manner similar to payday loans. Keep you eyes and ears open, as there will be a lot happening in this area in the next year or so. the IDPFR website is a great resource to keep up on the events and changes affecting these loans.


lrhall41

Submitted by LCW on Wed, 06/07/2006 - 07:38

( Posts: 1151 | Credits: )


Can someone tell me what this means? To me, it means we don't have to abid by your laws.......
Quote:


We are in receipt of your June 5th, 2006 fax. Your account was escalated to
my attention based on the references to state laws and request to abide by
settlement conditions that you have outlined in the document. Please be
advised that there is no legal precedent in which a Delaware licensed
lender, operating solely from within the borders of this state and with no
outside agents, has been subject to the regulations of another state. I
welcome you to forward the "specific federal case law" that you site.
Indeed, it is the commerce clause of the US Constitution which empowers only
Congress to regulate interstate transactions. There are territorial
limitations to the power of respective states so as not to intrude on one
another's jurisdiction and regulatory authority. A state's legal dictums
are geographically limited to its borders so as to maintain the mutually
exclusive governance of the individual states and their independence from
one another.
on't have to abid by your state laws


It turned out fine but come on.....


lrhall41

Submitted by KittieKat on Wed, 06/07/2006 - 11:18

( Posts: 308 | Credits: )


Linnie, they are saying interstate commerce takes precedence over state laws. This position usually applies to Transportation, not lending, they are hedging their bets on shaky ground, and are stupid enough to think they are right. Unless they can show some federal. In essence they are saying since their offices are entirely in Delaware, they do not need to comply with state laws,and cite interstate commerce in case that isn't good enough. They feel they are exempt from state licensing and regulatory requirement per federal law ( to my knowledge the only industry that enjoys this privilege is transportation, specifically Railroad and Trucking).


lrhall41

Submitted by LCW on Thu, 06/08/2006 - 00:16

( Posts: 1151 | Credits: )


Update: 4 of my loans have been either paid in full or as they say a write off. I will keep you posted on the ones I requested a refund from. I just received my cert'd copy back in the mail that they signed and received my letter. So, now it's the waiting game. If I wait too long, I am proceeding with legal action .


lrhall41

Submitted by KittieKat on Tue, 06/13/2006 - 11:57

( Posts: 308 | Credits: )


I live in Ohio and have 4 PDL's that I am trying to get a handle on Ambassador keeps deducting from my checking account even though I informed them that was not the correct account and that they had received more than enough and that starting with the 5th payment they were suppose to withdraw an additional $50And now I am told no that is only on new loans It was $50 every 5th time toward the loan. They now have debited my checking account a total of 10 times in one day which gave me overdraft fees for the 10 plus return check fees I have tried closing my account and told the bank not to honor the automatic deductions. I was informed the account could not be clased until it was at a zero balance. It never will be if this continues. Please help -- Lanita


lrhall41

Submitted by on Wed, 06/14/2006 - 08:29

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lanita, the company will keep deducting the money until you close the account. Your bank is not allowing you to do so because of the charges owed to them. Ask them to block the transaction code of the company using which the debit is done. Your bank should not have problems in doing this at least. The lender will not be able to do any debit after the userid is blocked. Take care of this matter fast and let me know once done.


lrhall41

Submitted by Gretchin on Wed, 06/14/2006 - 13:14

( Posts: 482 | Credits: )


Another law they invoke is the "Importation" of Interest rates such as what the Credit Card Co. enjoy.

I am not sending letters.I am bringing them to court!


lrhall41

Submitted by Roadwarrior on Wed, 06/14/2006 - 17:08

( Posts: 637 | Credits: )


I have sent another message to the bank as well as contacting them. I also had a copy of the original request I had made in writing to the bank that I forwarded to them. The man from Ambassador refused to provide any copy of the contract and stated "he would let legal take care of it now" I still thought the original loan stated starting with the 5th payment they would deduct $50 additional until it was paid. The $300 borrowed in October they are trying to say I still owe $400+.


lrhall41

Submitted by on Thu, 06/15/2006 - 08:16

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