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Live in Calfornia, Internet PDL not in CA

Submitted by on Mon, 07/28/2008 - 11:37
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I recently got a payday loan for $500.00 after doing the research that I should of done before I got the loan, I found out that the max amount for CA is $300. What are my choices regarding this loan? Do I have to pay it back in full since it is over the legal limit for CA?


The name is Cash Supply. They have already called my work several times threatening to speak to my manager, I told them that I had a cease and desist and they acted like they didn't know what that was. I haven't paid anything yet since I found out that information. What does it mean about the finance charge?
Maximum Finance Rate and Fees: 15% of check
Finance Charge for 14-day $100 loan: $17.65
apr for 14-day $100 loan: 459%
Does that mean that for every $100.00 the can charge a max of $17.65 so a total of $117.65 has to be paid back?


Submitted by on Tue, 07/29/2008 - 15:47

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No, you always have to pay back what you borrowed--so if you borrowed $500 from them, you owe them $500. What this means is fees they can charge on top of that. But Cash Supply is a storefront, which means that you went into a building to take out the loan, yes? And in that case, the max you should've gotten from them is $255, with a $45 fee added, which makes your total $300, which is the legal limit for a storefront in California. I know this, because I took out many PDL's from storefronts in California.
So in a nutshell, they were breaking the law to you as well. So what this means is, if they threaten you with anything, if they are a licensed deferred deposit lender (PDL) in California, they can be reported for loaning to you at this amount.
If it was me, I would offer to pay them back what you borrowed, which is the right thing to do, and if they make anymore noise, go immediately to the Department of Corporations.


Submitted by kscornell on Tue, 07/29/2008 - 17:52

kscornell

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No it was an online PDL. I already emailed them saying that I will make payments of $50.00 for the next 10 months to pay back what I borrowed. I am still confused on how they get they figure out how much to charge for the fee though.


Submitted by on Wed, 07/30/2008 - 08:33

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"You should pay back at least the principal amount, yes. How much have you paid them so far?"

"No, you always have to pay back what you borrowed."

Shazzers and kscornell, I don't understand your legal advice at all. Shazzers cut and pasted a reference to the Financial Code, but have either of you bothered to read it? Section 23060(b) provides:

"If any provision of this division is willfully violated in the
making or collection of a deferred deposit transaction, the deferred
deposit transaction contract shall be void, and no person shall have
any right to collect or receive any amount provided in the deferred
deposit transaction, any charges, or fees in connection with the
transaction."

IOW, Melissa, you may not have to pay back anything at all. The only way to know is to examine the entire transaction. Melissa, it would be well worth your while to find a lawyer in your area.


Submitted by on Sat, 08/16/2008 - 08:00

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Attorney,
Let me tell you why it's morally correct to pay back only what you borrowed. Two wrongs here do not make a right. It would be like if you loaned me $500, I took it and spent it and when it came time to repay, I said "oops, it's illegal, so sorry, I don't have to pay back what I took!"
And I say this from also being a California resident, having 10 PDL's at one time, and paying back every cent of what I borrowed.
This person got the loan and did have use of this money, so she should reimburse this company for that, and only that. And you notice that I did not advocate at any time that she pay the outrageous fees that are tacked on.
One of the criticisms of this board is that we show people how to get out of their debts that they incurred without paying a cent, which we never do. Our position is always that if you actually borrowed $500, pay back the $500 and do NOT pay $700 or $800.
The upshot is that yes, we took out the PDL's and were not forced to do it, but we should not have to pay back illegal fees that are tacked on top of them.
I don't know if you are aware of a Internet PDL called Cash Today 4 U? Being one of the worst offshore PDL's out there, this place will loan you $250 and when you default, suddenly call you and say your balance is $6000! This is the type of abuse that we educate visitors to our boards about. And in this case, this actually happened to me--and do you know what? I paid them back $250 and not a dime more--because that is what I borrowed and needed to pay back. And this is what needs to happen.


Submitted by kscornell on Sun, 08/17/2008 - 10:32

kscornell

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Let me ask a question on this same topic a
I have taken out and repaid several loans with an offshore Pdl. I have already paid them thousands in illegally assessed fees. I have one outstanding loan that is far less than I have already paid on illegally assessed fees. Is is morally wrong that I refuse to pay them another cent?


Submitted by on Sun, 08/17/2008 - 11:06

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"Let me tell you why it's morally correct to pay back only what you borrowed. Two wrongs here do not make a right. It would be like if you loaned me $500, I took it and spent it and when it came time to repay, I said "oops, it's illegal, so sorry, I don't have to pay back what I took!"

The analogy is absurd and this is horrible advice. The creditors in these cases are loan sharks taking advantage of the poor and indebted, pure and simple. That's why California's payday-loan debtor-friendly statutes were enacted into law.

When people ask for legal advice, they aren't asking for your moralizing. They need to know their rights. Then, as intelligent people, they can make their own moral decisions based on their personal convictions (and of course particular financial situation). That means _their_ values, kskornell, not yours.

As an aside, to hold anything on this site out as an exemplar of morality toward creditors is more than a little silly. And let's face it folks: it's not as if the creditors need more of your money.


Submitted by on Sun, 08/17/2008 - 12:15

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another just get a lawyer nugget.i check in for a bit and find the forum slathered with this BS.korn and shazz have said what we always say.you shuold pay back what you borrowed.
if it is an illegal loan then all so-called extension fees apply toward the loan.how hard is that to understand lawyer911.go peddle your wares elsewhere.


Submitted by paulmergel on Sun, 08/17/2008 - 12:37

paulmergel

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i you borrowed you should pay he amount borrowed,not a penny more.you must do something with your bank account if you already haven't.close it and set up a new one or put a hard block on it.the feeling of everyone on this forum is you did borrow you should pay it back.


Submitted by paulmergel on Sun, 08/17/2008 - 15:28

paulmergel

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You definately need to put food on the table first and take care of your basic needs--THEN deal with the PDL's. You can also write what's called a cease and desist letter to stop the calls. You can find templates on the site or write something like "I am forbidding any contact at my workplace or home telephone numbers", or anything that meets your needs.
And an aside to Attorney911 (if you really are one--which I have no idea of knowing), I do not pretend to offer legal advice, since I am not an attorney and never in the two years I have been on the boards have said I am one, but I offer advice from my experience of being a victim of PDL's, internet and storefront.
And in my humble opinion, you will get more respect from myself and the rest of the members here if you step up and actually register on the site. What's stopping you? I would really like to know!


Submitted by kscornell on Sun, 08/17/2008 - 21:48

kscornell

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