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Indiana - online PDL Troubles

Submitted by BikerGirl on Wed, 09/05/2007 - 07:59
Posts: 89
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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.


Submitted by BikerGirl on Tue, 09/11/2007 - 16:13

BikerGirl

( Posts: 89 | Credits: )


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...


Submitted by on Wed, 09/12/2007 - 06:35

( Posts: 202330 | 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


Submitted by RoxyNY on Wed, 09/12/2007 - 06:56

RoxyNY

( 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,


Submitted by on Wed, 09/12/2007 - 14:51

( Posts: 202330 | 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


Submitted by BikerGirl on Wed, 09/12/2007 - 18:19

BikerGirl

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Congratulations, bikergirl! :wink:


Submitted by cannr on Wed, 09/12/2007 - 19:45

cannr

( Posts: 9317 | Credits: )


Well, got bank account closed, and opened another at the same bank, however, she did tell me that if anything came through they would credit me any funds that I got charged. But, I will be getting paper checks so if my account is negative tomorrow, I just won't put my check in there!! I'm faxing my letters right now. And I did not get an email from Whistler to give me my refund yet and have not heard from B&L as to my refund either. Will let you all know what happens next....


Submitted by BikerGirl on Thu, 09/13/2007 - 09:26

BikerGirl

( Posts: 89 | Credits: )


Now that I have faxed my letters, I am going to wait and see how many of them respond... Then if I don't get a response, I will mail them certified mail next week. I wonder how long it will take them to respond to my offers? Thanks again for all the help on here!! I really do LUV you guys!! I would love to buy you all a drink sometime!!


Submitted by BikerGirl on Thu, 09/13/2007 - 09:41

BikerGirl

( Posts: 89 | Credits: )


Woohoo here's my Release from Whistler that I paid $2400 to:

[quote]RELEASE

THIS RELEASE (???????Agreement???????) is entered into as of the ______ day of September, 2007 by and between Whistl;er Marketing, LLC, a Delaware limited liability company (the ???????Company???????), and me(the ???????Borrower???????).

WITNESSETH:

WHEREAS, the Borrower and the Company entered into that certain Loan Agreement dated June 22nd, 2006 (the ???????Loan Agreement???????) and other documents related thereto; and

WHEREAS, in connection with the transactions contemplated in the Loan Agreement, the parties desire to execute and deliver this Agreement.

NOW, THEREFORE, the parties hereto, in consideration of a $1,000.00 refund, the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by all parties, hereby agree as follows:

Release.

(a) Release by the Borrower. The Borrower, for herself and her present and former agents, predecessors, shareholders, directors, officers, employees legal representatives, descendants, spouses, successors, predecessors, agents, attorneys and assigns (collectively, the ???????Affiliates???????), does hereby fully release and forever discharge the Company and its Affiliates from and against any and all claims, demands, obligations, causes of action, actions, suits, controversies, debts due, sums of money, trespasses, privileges, covenants, contracts, agreements and promises and any damages, costs, expenses, attorneys???????? fees, obligations and liabilities of whatever kind or nature, at law, in equity or otherwise, whether asserted defensively or offensively, whether known or unknown, that any of such parties ever had, now has or may have, but only to the extent arising or occurring from or in any way growing out of facts in existence or alleged to have been in existence on or prior to the date hereof (collectively, the ???????Released Claims???????).

(b) No Suits. The Borrower (for herself and her Affiliates) hereby covenants and agrees that they have not directly or indirectly, alone or with others, brought, commenced, instituted, maintained, prosecuted or voluntarily aided, and that they will not directly or indirectly, alone or with others, bring, commence, institute, maintain, prosecute or voluntarily aid, any action, at law or in equity, or any other proceeding against the Company or its Affiliates, either affirmatively or by way of cross-complaint, third-party claims, defense or counterclaim or by any other means with respect to any of the Released Claims.

(c) No Claims Assigned. The Borrower (for herself and her Affiliates) further represents and warrants that they have not assigned or otherwise transferred any right, title or interest in any of the Released Claims. The Borrower further agrees to indemnify and hold the Company and its Affiliates harmless from and against any claims resulting from any such assignment or transfer.

(d) Complete Defense. The parties hereto agree that this Agreement may be pleaded as a full and complete defense to, and may be used as a basis for an injunction against, any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach hereof.

2. Non-Admission. The parties agree that nothing in this Agreement is an admission by any party hereto of fault, liability, of any unlawful act or breach of contract, violation of applicable law or commission of a tort, all of which are expressly denied.

3. Entire Agreement. This Agreement contains the entire agreement between and among the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, arrangements or understandings between the parties hereto relating to the subject matter of this Agreement.

4. Successors and Assigns. This Agreement is and shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, administrators, legal representatives, servants, directors, officers, employees and agents.

5. Amendment; Waiver. This Agreement may be amended only by a written instrument signed by the parties hereto. No provision of this Agreement may be waived orally, but only by a written instrument signed by the party against whom enforcement of such waiver is sought.

6. APPLICABLE LAW. THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI, WITHOUT GIVING EFFECT TO THE CONFLICTS OF LAW PRINCIPLES THEREOF.

7. Representations. All parties warrant and represent to all other parties to this Agreement:
(a) that they have read and understand all aspects of this Agreement, and all of its effects;

(b) that they have executed this Agreement as a free and voluntary act of their own free will without any treat, force, fraud, duress or coercion of any kind; and

(c) that they will not disclose the existence, or the terms, of this Agreement to any third party.

8. Invalid Provisions. If any provision hereof is held to be illegal, invalid or unenforceable, such provision shall be modified to the extent necessary to render such provision enforceable and, if necessary, shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision was so modified as of the date hereof, or never comprised a part hereof, as the case may be, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision.

9. Counterparts: Facsimiles: This Agreement may be executed in multiple counterparts, all of which, when combined, shall constitute one (1) agreement. Facsimile signatures shall be effective.

[Remainder of page intentionally left blank; signature page attached.]


IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

BORROWER:



_________________________________________

My Signature



Whistler Marketing, LLC
a Delaware limited liability company


_________________________________________
By: Rachel A. Kimball
Lending Manager[/quote]


Submitted by BikerGirl on Thu, 09/13/2007 - 10:29

BikerGirl

( Posts: 89 | Credits: )


Just got my first call from Paychecktoday, some guy by the name of Lamar, he was questioning me regarding the $300 I borrowed saying that I didn't research these laws prior to my loan and now I am trying to enforce them... I told them a debt consolidating company advised me of my laws and that you had to abide by them. He started yelling at me and I asked him not to yell at me or I was going to hang up on him. Then I told him I would settle for $159.00. I have paid $180.00 so far on this $300 loan and according to my state laws I only had to pay $39 interest on this loan, therefore leaving a balance of $159.00. He said he would settle for $300 I said nope and he hung up on me, lol. He sure got me going, lol!!


Submitted by BikerGirl on Thu, 09/13/2007 - 11:18

BikerGirl

( Posts: 89 | Credits: )


Okay, got an email to call Paycheck immediately, so I did and spoke to Mark, he was rude too, saying that they are licensed in my state, but couldn't give me their licensing number. Then said they would set up payment arrangements on the $300, I again offered them the $159 and they just said no. Then I said I would be filing complaints. I did file with the Indiana AG.


Submitted by BikerGirl on Thu, 09/13/2007 - 11:53

BikerGirl

( Posts: 89 | Credits: )


Okay, I got a offer of $600 refund on the $2400 from B&L... The man from there is being sooooo nice to me. I accepted, cause probably lucky just to get that! Anyway, he said they do not cut checks, he wouldn't western union or anything except bank ACH deposit. Told him I couldn't give my bank account numbers out. My bank opened my old account up for deposits only just until I receive the money. Getting ready to see what if feels like to actually get all the money I worked for last week, lol...


Submitted by on Thu, 09/13/2007 - 17:47

( Posts: 202330 | Credits: )


Wait! Karen, did you post you needed something on here? What? Your state pdl law?


Submitted by cannr on Thu, 09/13/2007 - 18:51

cannr

( Posts: 9317 | Credits: )


Okay got an offer from CMG Group, I paid them $1750 and they are offering to give me a paid in full and settle with half of what I paid them refund. I am suppose to get an email later today with info. Yay, now I will have the money to settle the other ones, and have my paycheck. Getting ready to pick up my paycheck and I can't wait to see what a full one looks like!!! :D :D :D :D :D :D :D :D :D
I used to get depressed on Fridays, but I'm happy now!!! Thanks a million, I LUV you guys!!


Submitted by BikerGirl on Fri, 09/14/2007 - 06:47

BikerGirl

( Posts: 89 | Credits: )


Woohoo, getting $700 from CMG of MY money back, yay!!! I can't believe it!! Well they all have different ways of doing things, CMG required that the release letter be notarized, while the other two didn't require such a thing. I couldn't have done any of this without you guys, that's FO SHO!!! I will say that all three companies have been very, very nice to me, well probably because they got me for $6500 in a years time, WOW. There was that $600 handbag I wanted on ebay, that I couldn't afford, lol... Well I will see you all tomorrow, going out with the girls. I'm gonna drink a few for everybody on here!!! Have a good evening!
I AMMM not looking forward to the other 7 that I still owe, but I'm going to fight them, I got the money to pay them with my new figures :lol: that are LEGAL!!! They can either get their money now or FFFFFFFFF them!!


Submitted by BikerGirl on Fri, 09/14/2007 - 17:21

BikerGirl

( Posts: 89 | Credits: )


Bikergirl: How long have you been fighting these people? I am just curious b/c I have just started my quest this week. I have had some problems getting my bank account closed and thankfully that is resolved. I am going to be faxing and mailing letters on Monday. How quick did you get a reply from these companies? Just being nosey!


Submitted by mwmammaroo on Sat, 09/15/2007 - 14:31

mwmammaroo

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Mam...you should know they don't all reply as quickly as they did for BikerGirl...that really is rare...and so are the refunds..but again she had paid thousands over!! I would expect you to hear from a few within days/weeks...I have one that I haven't heard from in 4 months...at all...it also depends on what company it is too, some are more aggressive than others. Getting the bank account thing taken care of is the most important part...then the letters, then filing the complaints...your on your way!!


Submitted by Morningstarr430 on Sat, 09/15/2007 - 14:53

Morningstarr430

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Roo, I just closed my bank account this past Thursday and faxed letters the same day. I actually decided to go out on a limb and call the 3 that I have been paying for over a year on Wednesday. All were willing to work with me but CMG at first, said they had to get something in writing and they would talk to the lender in West Indies. I had all three of them taken care of by yesterday. Have been called by 2 of the 7 so far.


Submitted by BikerGirl on Sat, 09/15/2007 - 15:45

BikerGirl

( Posts: 89 | Credits: )


roo, don't get discouraged if you don't get responses quickly. Some of mine are "appearing" after 4 months. Some are still hitting the closed bank account. Some are sending my overpaid loans to collection agencies. One attempted a wage assignment on me to my employer. And this has been MONTHS. So, if they lay quiet for awhile, don't think you've been forgotten. Not trying to scare you, just want you to always be on guard and not think "everything is okay". Always check your bank account. Read every piece of mail. Check the status of your BBB complaints. Wait to see what your AG has to say. I was feeling very relieved after months, then they all hit within a week trying every trick in the book. Like I said, not trying to scare you, but not everyone gets results in 3 days. Actually, it's quite unusual. It takes time for this whole process. And then, it's not even really over after all! LOL! They hit you again in some way! Just want you to continue to be cautious and to not get discouraged. :wink:


Submitted by cannr on Sat, 09/15/2007 - 21:08

cannr

( Posts: 9317 | Credits: )


Roo, I had 10 loans, those three were just so easy because I have had these loans since 2006. I still have 7 more that I owe on that I'm going to have to battle.

Cannr - I have a question, have you tried to settle with them and they just wouldn't accept it? Because that is what I'm going to do on them. I'm being nice, I'm including the finance charges as they would be charged by my state in my settlements.


Submitted by BikerGirl on Sun, 09/16/2007 - 07:45

BikerGirl

( Posts: 89 | Credits: )


Biker Girl, Many of us have tried to settle. I overpaid all of mine and asked for PIF, do not really care about a refund, I just want to be done. I had two refund an PIF and now I have 7 left. I tried to settle all mine. Recently one company that I paid 720.00 on a 300.00 loan must of got tired of arguing becuase they have turned it over to a CA... Some of them must think if they do not settle, that eventually you will get tired of being harassed and pay up.. To me it is like playing the game of "Chicken" ...see who will give in first.


Submitted by RoxyNY on Sun, 09/16/2007 - 08:26

RoxyNY

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bikergirl, it depends on who the pdl is. I have "settled" with about 4 who agreed to the principle amount only/or the state law maximum amount and gave me a physical address to mail a money order to. I have others (MTE in particular) who will refuse any kind of settlement whatsoever unless it it MORE than what you actually owe (even if they were legal). They insist on "settling" for a couple hundred bucks more after you have already overpaid the loan. So, it really depends on the pdl. Like I said, I had about 4 who agreed with me on the amount. No problem then. I was glad to send them a money order. I had about 4 that I got refunds from. The ones I have left are the ones that I refuse to pay them a dollar more on my OVERpaid loans and they're asking for hundreds more. Anyway, to sum it up, yes you can settle with some. It's possible. Some are "easier" than others. Depends on the stupid pdl!


Submitted by cannr on Sun, 09/16/2007 - 09:27

cannr

( Posts: 9317 | Credits: )


MTE is going to be tough. Satan worshippers. If you have any problems with them, just let us know. :twisted:


Submitted by cannr on Sun, 09/16/2007 - 20:59

cannr

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