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what If my state laws are not abided by

Submitted by surgeonjen on Mon, 07/23/2012 - 17:42
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I have looked all day at the Kansas State Laws on Payday Loans. It says the maximum loan amount is $500. I have a couple that are definitely over the $500 limit. And one of them have higher interest rates allowed by the state laws, but are licensed in the state. What do I do? Does this void the contract? Do I just owe the principle balance now? What actually happens when these companies don't abide by the state laws?


As Soaplady said, please post the names of these lenders. If you post the names of the lenders we will be able to help you with specifics. PDLs are not illegal in Kansas as far as I see, but we can definitely help you negotiate with them. Pretty much every state has some kind of regulation on PDLs, in Kansas as you know it is a 500 dollar maximum and also the following -

Lenders are allowed to charge an interest rate of 15% and an annual percentage rate of 390%. When you take out a $100 loan, you are required to pay back the loan and $15 in interest rates and fees.

So any loan charging you, say, 30 dollars on 100 (like most PDLs) you can negotiate with to break it down to 15 on 100. Good luck and keep us updated.


Submitted by waffles on Mon, 07/23/2012 - 20:52

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I have dealt with zip19.com for almost a year. I started getting loans for $500, owing back $675. Then got so behind I was having to get them every two weeks just to keep up with my bills. So for over a year I have been getting $675 every two weeks and at the end of two weeks paying back $809. I know that this is not only over the limit on what they are supposed to be lending to Kansas residence but the interest rate is too high. Do I have any grounds to stand on asking them for a refund?
I also had a loan from western skies for $1500. They took out $500 for fees up front so I only was given $1000 and are charging me $198 every month for two years.
Cashnetusa says I owe them $1080 still. I have had a loan with them that I never seem to get paid down. I have borrowed all together 1500 from them and have paid 1200 to them.
Advance me today loaned me $300 and charged me $465


Submitted by surgeonjen on Tue, 07/24/2012 - 14:59

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Western Sky is an illegal tribal lender, you technically owe them nothing but you should pay back the principal... or have you already done that? It is unclear how long you've been making those payments. Please elaborate on that... as for those payday loans, not to be a dick, but I can't sit here and figure out if those match your state laws. I gave you the laws of your state above; find out what the maximum can be and then tell these lenders you will pay them according to your state's laws. If any of them are tribal/unlicensed in your state, only pay the principal. Call your state banking department to verify.


Submitted by waffles on Thu, 07/26/2012 - 20:11

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Zip 19 is offshore and Western Sky is tribal...so both unlicensed. Western Sky is currently being pursued by several attorney generals offices so they are already in hot water. Not sure about cashnetusa...they are based in Chicago. Follow this link to look up your licensing contact information
http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

Then follow the link in my signature line on how to deal with your illegal lenders.


Submitted by SOAPLADY on Thu, 07/26/2012 - 20:53

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casnetusa is a CSO(credit service organization)not a pdl and the pdl laws don't apply.it is a legal loan unfortunately.


Submitted by paulmergel on Fri, 07/27/2012 - 05:50

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Yes that is what I am saying, I know that these loans are not abiding by my states laws. But what does this mean? I know I borrowed $300 and paid them $465 overpaying by $120. But then what do you do? Will I ever get that money back? I know that most of them loaned me more than the maximum amount in Kansas. But what do I do? Do I still just insist that I only owe principle since they are not license in the the state? My main question about western ski is that they say they are loaning you $1500. Then only deposit you $1000 saying that the $500 is the fees off the top. So I feel like I only owe them what they deposited into my account. But this is all still over the limit of what should be lent in the state of Kansas. Can they get into trouble for that? Is it worth perusing?


Submitted by surgeonjen on Fri, 07/27/2012 - 17:20

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I quickly calculated up the amount that I overpaid to zip19 over the course of the time that I was dealing with them and its over $4500 over principle that I have paid this company. Is there any way to get this money back since they are illegal and did not abide by my state laws?


Submitted by surgeonjen on Fri, 07/27/2012 - 17:24

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Here's the deal.

CNU is legal so you have to pay according to your contract or, call them prior to default and they will give you an extended payment plan.

The other 2 are illegal and you should only repay principal, which mean only pay what was deposited into your account. The fees/interest are NOT payable.

It's difficult to get refunds after you've already paid off the loan but, it's always worth a shot to try.

Keep in mind, just as they can't come after you legally, you also can't really go after them (one being tribal and one being offshore).


Submitted by OhioGal1 on Mon, 07/30/2012 - 09:47

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