Another payday loan question
Date: Sat, 07/01/2006 - 05:05
I too have gotten myself in the payday loan trap-7 total-down to five! Anyway, here's my questions.
I live in NC. Payday Max is in Nevada. I took out a $1000 loan from them in February. Since then I have paid them over $1800.00. Based on NC law that payday loans are illegal and consumer loans can only be at 36% interest-that's $1360. Have I already payed them what I owe them? Are they governed by Nevada law or North Carolina law? (They've been great about payment arrangements-just wondering about my options.)
If I have already payed them, how do I negotiate that fact?
Thanks in advance.
Another question about NC laws
Looking at the North Carolina Consumumer Law
53‑190 about Loans made elsewhere.
[quote]
(a) No loan contract made outside this State in the amount or of the value of ten thousand dollars ($10,000) or less, for which greater consideration or charges than are authorized by G.S. 53‑173 and G.S. 53‑176 of this Article have been charged, contracted Quote:
for, or received, shall be enforced in this State. |
Does this mean our state won't serve papers if CTC sends to a collection agency?
(b) If any lender or agent of a lender who makes loan contracts outside this State in the amount or of the value of ten thousand dollars ($10,000) or less, comes into this State to solicit or otherwise conduct activities in regard to such loan contracts, then such lender shall be subject to the requirements of this Article.[/quote]
I think this means CTC and others have to follow this law. Correct?
There's another section that states that the interest rate cannot be over 36% for loans under $600.00 and 15% on the unpaid principal after that. Am I reading that right?
The link is:
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_53/Article_15.html
Thanks for any advice. Trying to tackle making payment arrangments with Cash Transfer Centers-soon Universal Fidelity-and I want to be armed with the best information possible. I'm not trying to not pay the principal I borrowed in the first place. They are completely unreasonable (as others on this site have found) and I'm going to have to deal with them very soon. My deadline was yesterday.
I'm sending the certified letter with the wage assignment revokation, ceast and desist letter and a payment.
Quote:Does this mean our state won't serve papers if CTC sends t
Quote:
Does this mean our state won't serve papers if CTC sends to a collection agency? |
Quote:?? 53 176: ...a licensee may at any time elect to make l
Quote:
?? 53 176: ...a licensee may at any time elect to make loans in installments not exceeding ten thousand dollars ($10,000) and which shall not be repayable in less than six months or more than 84 months and which shall not be secured by deeds of trust or mortgages on real estate... |
as far as payday max goes send them a letter stating you have pa
as far as payday max goes send them a letter stating you have paid more than your fair share of the money have proof that you have though and ask for your account be marked paid in full asap and try to get a refund back but a refund might be tad hard to do.
Cyd have you seen this? Quote: ?? 24?2. Penalty for usury;
Cyd have you seen this?
Quote:
?? 24?2. Penalty for usury; corporate bonds may be sold below par. The taking, receiving, reserving or charging a greater rate of interest than permitted by this chapter or other applicable law, either before or after the interest may accrue, when knowingly done, shall be a forfeiture of the entire interest which the note or other evidence of debt carries with it, or which has been agreed to be paid thereon. And in case a greater rate of interest has been paid, the person or his legal representatives or corporation by whom it has been paid, may recover back twice the amount of interest paid in an action in the nature of action for debt. In any action brought in any court of competent jurisdiction to recover upon any such note or other evidence of debt, it is lawful for the party against whom the action is brought to plead as a counterclaim the penalty above provided for, to wit, twice the amount of interest paid as aforesaid, and also the forfeiture of the entire interest. If security has been given for an usurious loan and the debtor or other person having an interest in the security seeks relief against the enforcement of the security or seeks any other affirmative relief, the debtor or other person having an interest in the security shall not be required to pay or to offer to pay the principal plus legal interest as a condition to obtaining the relief sought but shall be entitled to the advantages provided in this section. Nothing contained in this section or in G.S. 24?1, however, shall be held or construed to prohibit private corporations from paying a commission on or for the sale of their coupon bonds, nor from selling such bonds for less than the par value thereof. (1876?7, c. 91; Code, s. 3836; 1895, c. 69; 1903, c. 154; Rev., s. 1951; C.S., s. 2306; 1955, c. 1196; 1959, c. 110; 1969, c. 1303, s. 3.) |
Check out the Nevada law. Quote:Sec. 73. 1. Except as otherwi
Check out the Nevada law.
Quote:
Sec. 73. 1. Except as otherwise provided in this section, if a licensee willfully: (a) Enters into a loan agreement for an amount of interest or any other charge or fee that violates the provisions of this chapter interest or any or any regulation adopted pursuant thereto; (b) Demands, collects or receives an amount of other charge or fee that violates the provisions of this chapter or any regulation adopted pursuant thereto; or (c) Commits any other act or omission that violates the provisions of this chapter or any regulation adopted pursuant thereto, the loan is void and the licensee is not entitled to collect, receive or retain any principal, interest or other charges or fees with respect to the loan. 2. The provisions of this section do not apply if: (a) A licensee shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error of computation, notwithstanding the maintenance of procedures reasonably adapted to avoid that error; and (b) Within 60 days after discovering the error, the licensee notifies the customer of the error and makes whatever adjustments in the account are necessary to correct the error. Sec. 73.5. In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $10,000 upon a person who, without a license, conducts any business or activity for which a license is required pursuant to the provisions of this chapter. Sec. 74. 1. Subject to the affirmative defense set forth in subsection 3, in addition to any other remedy or penalty, if a person violates any provision of section 29, 31 to 47, inclusive, 49, 50, 57 or 58 of this act or any regulation adopted pursuant thereto, the customer may bring a civil action against the person for any or all of the following relief: (a) Actual and consequential damages; (b) Punitive damages, which are subject to the provisions of NRS 42.005; (c) Reasonable attorney's fees and costs; and (d) Any other legal or equitable relief that the court deems appropriate. 2. Subject to the affirmative defense set forth in subsection 3, in addition to any other remedy or penalty, the customer may bring a civil action against a person pursuant to subsection 1 to recover an additional amount, as statutory damages, which is equal to $1,000 for each violation if the person knowingly: (a) Operates a check-cashing service, deferred deposit loan service, short-term loan service or title loan service without a license, in violation of section 29 of this act; (b) Fails to include in a loan agreement a disclosure of the right of the customer to rescind the loan, in violation of section 31 of this act; (c) Violates any provision of section 33 of this act; (d) Accepts collateral or security for a deferred deposit loan, in violation of section 35 of this act, except that a check or written authorization for an electronic transfer of money shall not be deemed to be collateral or security for a deferred deposit loan; (e) Uses or threatens to use the criminal process in this State or any other state to collect on a loan made to the customer, in violation of section 36 of this act; (f) Includes in any written agreement a promise by the customer to hold the person harmless, a confession of judgment by the customer or an assignment or order for the payment of wages or other compensation due the customer, in violation of section 36 of this act; (g) Violates any provision of section 44 of this act; or (h) Violates any provision of section 45 of this act. 3. A person may not be held liable in any civil action brought pursuant to this section if the person proves, by a preponderance of evidence, that the violation: (a) Was not intentional; (b) Was technical in nature; and (c) Resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. 4. For the purposes of subsection 3, a bona fide error includes, without limitation, clerical errors, calculation errors, computer malfunction and programming errors and printing errors, except that an error of legal judgment with respect to the person's obligations under this chapter is not a bona fide error. Sec. 29. 1. A person, including, without limitation, a person licensed pursuant to chapter 675 of NRS, shall not operate a check-cashing service, deferred deposit loan service, short-term loan service or title loan service unless the person is licensed with the Commissioner pursuant to the provisions of this chapter. 2. A person must have a license regardless of the location or method that the person uses to operate such a service, including, without limitation, at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except that the person shall not operate such a service through any automated loan machine in violation of the provisions of subsection 3. 3. A person shall not operate a deferred deposit loan service or short-term loan service through any automated loan machine, and the Commissioner shall not issue a license that authorizes the licensee to conduct business through any automated loan machine. |
Are they licensed or have they broken any of these laws? 1k per violaton...
Polly-I have searched Nevada licenses but I can't find their bus
Polly-I have searched Nevada licenses but I can't find their business. That should help out in these negotiations.