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Payday Loan agreement contract

Date: Wed, 12/07/2005 - 14:43

Submitted by Ameronth
on Wed, 12/07/2005 - 14:43

Posts: 4 Credits: [Donate]

Total Replies: 8


Hey. I'm not sure if there's a way out of this one for me or not, but I wanted to get everyone's opinion on this and maybe find a way out of this mess.

In January of this year, in an effort to break an endless, dangerous cycle of renewing payday loans and drifting deeper into debt, my wife got one last payday loan for $590 and then, before the check was due, we stopped payment on the check with. The company, First Cash, attempted to call us and we did answer on occasion and tell tehm that we were unable to repay the debt because of hardship, which is true. Medical bills suck. Pretty soon, they stopped calling. Then, this Monday, I noticed a $615 debit from our checking account made by Riscuity. I called the corresponding number and spoke to a member and gave them a referance number connected to the transaction. The woman I spoke to said that they were representing First Cash, and that the debit was for the $590 loan plus a $25 check return fee. I never received any kind of communication from them prior to the debit. I began researching laws and such and here's what I've been coming up with.

First, I tried Regulation E on the grounds that the check had been under stop payment so it could not be collected in any form. However, when my wife stopped payment on the check, it was apparently only good for 6 months at our bank, and has since been lifted because we didn't know we had to renew it, in spite of the fact that the bank did provide adequate notice that is was only good for 6 months (I verified this).

I also considered section 205.10 of the FDTC Laws, Regulations, and Related Acts concerning a consumer's right to stop payment and varying amounts. When I brought this up to a loss prevention specialist for my bank, Washington Mutual, the specialist informed me that the collection agency could decide to put any amount of fees on the debt, so the varying amount wasn't necessarily illegal. As far as the consumer's right to stop payment, well, I didn't think our situation would apply to deem the debit unauthorized.

Yes, there is a contract involved. Here are some things from teh contract to take into consideration. First, First Cash and it's subsidaries and affiliations are known as the "Company". Now, the bank that First Cash was dealing with at the time was County Bank, based out of Delaware. Since that time, they have changed banks. I don't know the location of theier present bank. The contract says that it will follow Delaware law except where federal laws apply, and the apr was 469.29%. There is a survival clause which states that "agreement to arbitrate all disputes shall survive repayment in full and/or default of this Note." And there is a clause for an Return Item Fee of $25 should the check or any other form of payment did not clear, so that may be where the $25 difference of the check and the debit come into play.

Now, there is one other thing. In a "Promise to Pay" section of the contract, there is a statement that states "You agree not to stop payment of the check(s)." My hope is that, since we did stop the check and violate the terms of the contract that the contract would be null and void, which would also cancel their authorization to debit our account since it was all the same contract. Does anyone think that will work, or is there anything else I can do to reverse the debit? 2 days after the debit came in, other charges clears and I now have at least 2 charges that are overdrawn and each charge that overdrafts will cost me $30 a pop. We just recovered from our financial hardship this year! There's got to be a way out!

Please, any advice is welcome.


Hi ameronth

Welcome to the forums.

The company has tried to explain everything in the contract and that was what they actually followed. So, I think that they have taken the stronger side.

Quote:

My hope is that, since we did stop the check and violate the terms of the contract that the contract would be null and void, which would also cancel their authorization to debit our account since it was all the same contract.


Since the agreement was violated from your side first, before you confront them legally, they will strike with this violation of stop payment mentioned in the contract.

Going through financial hardship won't be a reason for them to reverse the charges. The company will show you the contract in writing before you intend to take any actions which also might not be helpful.

Conclusively, you don't have other option but to pay it. Your best move will be to negotiate with the company and arrange for an easier payment plan.

Hope this plan gets implemented and things become quite easier for you.

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 12/07/2005 - 15:36

( Posts: 4009 | Credits: )


I called Riscuity to see if I could work some kind of deal for a month-to-month payment program so I won't go into debt again. No dice. Riscuity has already given the money to First Cash. What can I do to recover at this point? My acount's ledger is $-214 and I have at least a total of 3 overdrafts for $30 a pop, plus more on the way, probably tomorrow.

There's got to be a way out. What can I do?


lrhall41

Submitted by Ameronth on Wed, 12/07/2005 - 16:09

( Posts: 4 | Credits: )


In my opinion, draft a proposal letter along with some advance money and send it to their mailing address. See what you can send at the most. Mention that this is all that you can afford from your side at present and you will send large payments if your financial situation improves. I am expecting that they will accept your plan if you advance them some money. Stick to your plan otherwise the arrangements will no longer work.

Talk to your bank and see if anything can be done to settle the overdrafts.


lrhall41

Submitted by roxette on Wed, 12/07/2005 - 16:38

( Posts: 4009 | Credits: )


I have taken out 10 payday loans and I am having such a hard time paying them back. somebody help me please. what should I do?


lrhall41

Submitted by on Fri, 05/04/2007 - 20:53

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Hi Ebony, and welcome. I had 10 payday loans I couldn't pay if I wanted to survive when I came to this forum also. If you answer the questions finsfan asked, we can provide you information regarding laws, etc. Also, when you tell us who you borrowed from, also put down how much you originally borrowed and how much you have paid back so far. Please know that you are not alone in this. So many of us here have been in the same situation.


lrhall41

Submitted by Sassnlucy on Sat, 05/05/2007 - 02:50

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