Share post
Debt Consolidation Forums Payday Loan help forums

Indiana - online PDL Troubles

member profile picture
Posts: 89
Credits: 0
[Donate]

I live in Indiana and I have taken out several online PDL's. A few of them have just charged me the interest for over a year now. I am in a trap and can't seem to get out of it. $300 a week is taken out of my checking account and that is just the fees. The companies I deal with or have Dealt with are Cash Direct, Up Front Pay Day, Paycheck Today, Discount Advances, Interim, Instant Cash Til Pay Day, One Click Cash, MTE, and Zip Cash. Any suggestions would be helpful.




Here's what my letters look like, what do you think?


Quote:
To Whom it May Concern:

As of today, September 13th, 2007, I do not authorize Payday, nor any parent company, affiliate, or subsidiary of Payday to withdraw any funds from the checking account under the name of me, account number 00000000000, located at my bank. Your company is in violation of Indiana IC24-4.5-1-201, which requires lenders to be licensed, and to comply with Indiana law, when making loans to Indiana residents, violation of Indiana IC24-4.5-1-201(8) which states if a creditor has violated the provisions of this article that apply to the authority to make consumer loans (IC24-4.5-3-502), the loan is void and the debtor is not obligated to pay either the principal or loan finance charge, as set forth in IC24-4.5-5-202.

Your claim that the contract that I signed is only governed by the law of the state in which your company resides is unsubstantiated. There is specific Federal case law that refutes your claim. Your company solicited, accepted and transacted business with a citizen of the State of Indiana, thus you are subject to the laws of this state including the usury, interest rate cap, or licensing requirements.

To date, I have paid a total of $180.00 in interest and fees on a $200.00 loan. According to Indiana Laws. According to the Indiana laws on a $200.00 loan, I am obligated to pay $30.00 in finance charges, therefore I owe you $50.00 that I am offering to pay and get this account marked ???????paid in full.??????? At no time will Payday, any representative, parent company, subsidiary, or affiliate of Payday, place any derogatory mark on my credit report with any credit bureau, nor any other check writing database, such as Teletrack or an equivalent database. If Payday does not abide to the settlement conditions stated above, I will have no choice but to file a civil suit against Payday for monetary damages that I am entitled to per Indiana and all legal fees that I acquire during the course of such a civil suit. I will also formally complain to, and request that the Attorney General of Indiana, Steve Carter file criminal charges against Payday for its illegal lending practices to the consumers within the State of Indiana.

I am also revoking your right to any withholdings out my paycheck from my employer.

All correspondence as of today, September 13th, 2007, shall be written from either through the email address, I provided to you at the time of the application, or via The United States Postal Service. Please acknowledge receipt of this letter, and acknowledge acceptance of, and willingness to adhere to the settlement described above, in writing, within 24 hours of receipt. If I do not receive this acknowledgement within 24 hours, I will begin the legal proceedings described above.

Sub: #101 posted on Tue, 09/11/2007 - 16:13

BikerGirl BikerGirl

(Posts: 89 | Credits: )

sounds good......did you email this or send it CMRR?

Sub: #102 posted on Wed, 09/12/2007 - 05:39

Tweety71 Tweety71

(Posts: 2061 | Credits: )

I will probably fax and mail, just to be safe.... I am going today to close my bank account and letters going out after that.

Sub: #103 posted on Wed, 09/12/2007 - 05:50

Unregistered


OMG, I just called one of the companies that I have paid $2400 to and they are marking my account paid in full today!!!! I also asked for a refund and said they would get back with me. oops forgot to log in... Biker girl...

Sub: #104 posted on Wed, 09/12/2007 - 06:35

Unregistered


Yea for you Bikergirl!!! Way to go! Great news to start the day,huh?!! Keep it up!..Karen

Sub: #105 posted on Wed, 09/12/2007 - 06:41

Bossy4455 Bossy4455
Moderators
(Posts: 5854 | Credits: )

Biker Girl, That is great. You are on your way. I also sent mine e-mail as well as faxing and certified. I receive all my correspondence from them this way, that way I have written documentation for my complaints. You may want to try that as well.
Keep up the good work.
Roxy

Sub: #106 posted on Wed, 09/12/2007 - 06:56

RoxyNY RoxyNY
Moderators
(Posts: 4178 | Credits: )

It's me Bikergirl... Okay got another one that I paid $2300 to agree with my account is paid in full, and they are gonna call me tomorrow to discuss a refund, they assured me that they would refund something, I want $1000, I think that's fair. Also got Whistler to agree to a $1000 refund on my $2400 loan... Yay Now I will have the money to pay my settlements offered immediately... I'm gonna play hardball though, lol,

Sub: #107 posted on Wed, 09/12/2007 - 14:51

Unregistered


BikerG...you have to remember to sign in!! LOL...I am so proud of you!! Look what you are doing!! Way to GO...!!!!!!!!!!!!!!!

Sub: #108 posted on Wed, 09/12/2007 - 15:54

Morningstarr430 Morningstarr430

(Posts: 2329 | Credits: )

Biker Girl, awsome for you!! Way to go.

Sub: #109 posted on Wed, 09/12/2007 - 17:49

RoxyNY RoxyNY
Moderators
(Posts: 4178 | Credits: )

What a godsend to find this site!!!! My attitude on life is soooo good right now!!! Maybe we should do a mass emailing (spam type thingy) like those payday companies do, except warning people about the consequences!! Oh and I also forgot to mention that last week when Whistler didn't draw their money out, they automatically just closed my account. I will say one thing, so far these two companies have been more than willing to work with me, we'll see how much B&L refunds me, I already told him $1000. Be back tomorrow. Luv you guys!!! :D :D :D :D :D

Sub: #110 posted on Wed, 09/12/2007 - 18:19

BikerGirl BikerGirl

(Posts: 89 | Credits: )


Page loaded in 1.240 seconds.