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What to do about E-Payday Harassment

Date: Tue, 05/09/2006 - 14:46

Submitted by travelrchic
on Tue, 05/09/2006 - 14:46

Posts: 5 Credits: [Donate]

Total Replies: 4


I need some help. I sent a Cease and Desist to E-Payday loans. The company received the letter. I conolidated my loans with T&C. Everyday I receive a call at home, work, cell, and parents house regarding the loan.I keep advising every rep that they are not following the Cease and Desist. Just today a rep named Mr. Handley from E-Payday called me on my cell and cursed me out because I consolidated. This has been going on with this company since 04/14/06. I faxed the Cease and Desist on 04/17/06 and mailed it on the same day. I found out that E-Payday doesn't loan to West Virginia residents and they are not registered in the state. I have filed a complaint with the FTC, Attorney General in West Virginia and Utah. E-Payday is based out of Utah. My question is this. Is a loan considered a debt? I was advised buy the Utah Attorney General's office that E-Payday doesn't have to abide by the fdcpa since they are the orginial loan holder and not a 3rd party. Here is the email I received back from them.
Quote:
..( From : Jerry Jaramillo
Sent : Tuesday, May 9, 2006 10:26 AM
To :
Subject : Global Payday

Global Payday is a registered Utah payday lender, which authorizes them
to make payday loans to Utah residents. Under Utah law a payday lender
can not collect interest on a loan beyond twelve weeks. After the twelve
weeks, and provided all payments were made on a timely basis, all
subsequent payments must be applied directly to principle and none to
interest.

Global Payday is collecting on a loan that they issued. Since they are
not collecting on a debt as a third party, Global does not have to abide
by the Fair Debt Collection Practices Act.

While the collection people for Global Payday may be rude and
unprofessional, I am not aware of a Utah law that requires them to be
civil. Remember they are simply using collection tactics to collect on
their loan.

I would contact the West Virginia State Banking Department to determine
whether Global Payday is authorized to offer payday loans in West
Virginia. If Global is not authorized in West Virginia then that raises
the question whether it is a legal loan and whether its terms are
enforceable. Additionally, the West Virginia State Banking Department
may be able to issue a cease and desist order to bar Global Payday from
offering payday loans to residents of West Virginia.

Sincerely


Jerry Jaramillo
Supervisor of Savings & Loans and Trusts
Utah Department of Financial Institutions
(801) 538-8842


Hi travelrchic

The fact is that the cease and desist communication is only applicable to the third party collections. This does not legally apply on the original lending companies. But calling you repeatedly in spite of making the payments also doesn't sound fair. You will have to call them and explain your moves. They are getting their money back so they should not have any reason to harass you with their calls. You will have to explain and arrange everything verbally.

Usually it takes a couple of months for the companies to stop calling you. How long have you been making the payments through T&C?


lrhall41

Submitted by curlycarl on Tue, 05/09/2006 - 14:50

( Posts: 616 | Credits: )


If your state requires net based lenders to be licensed adn epayday is not then you can argue that the loan is illegal in your state and tell them to get lost is they don't lighten up.. in other words put it to them this way.. I am paying you back.. keep harrassing me and I will stop paying and pursue action against your illegal loan.. let them make the choice.. play nice or fight


lrhall41

Submitted by jj on Tue, 05/09/2006 - 15:19

( Posts: 1057 | Credits: )


I have a payday loan out from a company that shows E-PAYDAY on my bank statement but I have called E-Payday company and neither mine or my husbands names are in their system...how do I find out who E - Payday is? I want to pay this off they have been taking $90.00 out for the last 8 months...someone please help !


lrhall41

Submitted by on Mon, 09/17/2007 - 13:28

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