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Seven PDLs, closed account - what to do?

Date: Fri, 08/08/2008 - 18:18

Submitted by anonymous
on Fri, 08/08/2008 - 18:18

Posts: 202330 Credits: [Donate]

Total Replies: 179


I hope someone here can help me. I live in NJ and work in PA. My wife had breast cancer and things got tight. I wound up with seven (!) PDLs. After I got the last one, from East Side Lenders, a draft was presented to my bank for about $40, which I hadn't authorized. I called the number on the draft and was told it was for a net **** site (I do not frequent those!). Got the bank involved (NJ) and they put a hold on my account and opened a new one.

What should I do about these loans? I'm afraid to give them my new account number because of the fraud I just had. I would love to pay back the principal, probably have in some of them by now, and be done with them but I wonder what I should do next. I am worried about garnishment. My bank says it will not charge me if they try any withdrawls, but what will they do next? To add to the worry, because of the fraud I have a new account, and because of that I won't have direct deposit next payday, the 15th.

I hope someone here can tell me what to do next! Besides the new ESL loan, I have loans from
USFastCash
Web Payday
Upfront Payday
Cash Direct (GECC)
NetCashUSA
OneClickCash

Yes, I am an idiot. My wife's cancer, coupled with the current economy, have made me lose focus and repeatedly make bad decisions. The recent fraud has left me facing a dilemma - tell all the PDLenders of my new account and continue this horrible spiral, or - what?

Thanks for any help. I was researching this topic on the web and found this site. As I've had to abandon paying my credit cards I suspect I'll need to join soon.

Troubled in New Jersey

PS - My wife is now free of cancer. But not stress...

[color=Red]****Adult term removed - Jason[/color]


Lots more work today. I polished up the letters a little more and got them out, and I can tell you eight certified letters runs about $25! Also got the letter to the NJ Dept. of Banking (Enforcement Division) out, including copies of said letters. Quite a line building up behind me!

Nothing yet from the PDLs. Still bracing. Really appreciating the support here.


lrhall41

Submitted by chroma601 on Sat, 08/16/2008 - 18:53

( Posts: 83 | Credits: )


the thing that surprised me was that the horror didn't happen right away. in fact it barely happened at all. i had some unplesant encounters but maybe because they're not legal in NJ, i didn't hear too much. some simply agreed to settle, some called but when i pointed out writing only, they actually listened! only geneva roth gave me a hard time and even they knocked off calling me at work. keep up the great work and stay strong, you can do this.


lrhall41

Submitted by bea2ls on Tue, 08/19/2008 - 06:07

( Posts: 3840 | Credits: )


right beals2,all these jamokes wnat do is get you on the phone
to harrass,threaten,and lie to you.a waste of time and energy.


lrhall41

Submitted by paulmergel on Tue, 08/19/2008 - 07:44

( Posts: 15514 | Credits: )


Now the calls are coming. USFC has left a message on my work phone, and that was followed by One Click Cash. The latter wants me to call back at once or else certain "actions" will occur, and "you don't want those to happen." I'm thinking now that writing back might be easier on the nerves, but perhaps I will call each of them once. Not sure yet!


lrhall41

Submitted by chroma601 on Tue, 08/19/2008 - 09:33

( Posts: 83 | Credits: )


Ar home now. The FedEx from East Side Lenders (actually not them, but a company called CSC) is a little different than explained. They write:
"Service of process has been received from you on behalf of one of the defendants named in the above action. The service of process is being returned (because) according to our records and the records of the Secretary of State, or other appropriate state agency, we are not the registered agent for the company you are trying to serve. It is your responsibility to verify this information with the Secretary of State, or other appropriate state agency. Our client records are confidential. We do not release any information on our clients, agent representation, or service received. We suggest you contact the Secretary of State, or other appropriate state agency, for more information."

Enclosed in the envelope was a copy of my C & D letter. I'm not a lawyer, but it sounds like they were saying "we're not the droids you're looking for. Good Luck."

Any ideas appreciated.


lrhall41

Submitted by on Tue, 08/19/2008 - 18:41

( Posts: | Credits: )


If you go to the website for the Secretary of State, there will be an option to search for a business in that state. Type in the name of the company that you received the payday loan from (if you even know what state they are supposedly licensed in). If you can find the company, there will be a listing for where the service of process should be made. This means basically that all papers for that company should be served to that person or entity.

What the letter you received is saying, as far as I can tell, is that you didn't send the letter to the person or entity who is listed with the Secretary of State as the proper person or entity for service of process for this company.


lrhall41

Submitted by alias1958 on Wed, 08/20/2008 - 06:45

( Posts: 1230 | Credits: )


Bumping up for advice. I assume I will have to talk to collections to get their address? This is getting difficult. I checked the DE sec of state site and they want $20 for a web search. Thinking of putting out an APB for forum members who might live near Dover, DE as there's no charge if you go in person.


lrhall41

Submitted by chroma601 on Thu, 08/21/2008 - 06:32

( Posts: 83 | Credits: )


Did the CA call you or send you a letter? You do need to send them a letter but this time it will be a request for debt validation...here is the link for one I have used...the good thing about the CA is that they must follow the fdcpa if they are a 3rd party collector....

http://www.debtconsolidationcare.com/forums/about216.html

Here is information on the FDCPA..

http://www.debtconsolidationcare.com/settlement/about22720.html

As for One Click Cash and their "actions" they can only harrass and threaten you and scare you into paying. Tell them to bring it on. They are one of MTE's companies and they are so illegal. They do not have a leg to stand on. Read this just in case..

http://www.debtconsolidationcare.com/paydayloan/scare-tactics.html


lrhall41

Submitted by RoxyNY on Thu, 08/21/2008 - 16:23

( Posts: 4178 | Credits: )


Email?? That is a new one on me. It may be an in house CA. If you have the name of the CA, you can type it in the search box at the top right and you can see if anyone else has had experiences with them. Also, if you want to post who they are maybe someone can tell you what to expect from them.


lrhall41

Submitted by RoxyNY on Fri, 08/22/2008 - 04:40

( Posts: 4178 | Credits: )


Thanks to information posted at the top of this page, I now have the proper address for East Side Lenders:

East Side Lenders, LLC
Incorp Services, Inc.
One Commerce Center
1201 Orange St. #600
Wilmington, DE 19899

One more question. Saturday I got an email from USFast Cash. They were offering a new PDL as I had "paid off" my old one. I printed it out with the headers and it was sent after they received the C&D letter. Might this mean I'm free of them?

excerpt: Thank you for paying off your cash advance. Because you have demonstrated excellent creditworthiness, you may even qualify for more money!

However, (my name), we can only extend this offer to you for the next 5 days.


Again, thanks for all the help here!


lrhall41

Submitted by chroma601 on Sun, 08/24/2008 - 17:51

( Posts: 83 | Credits: )


I have just received the following Email from East Side Lenders:

Dear Robert,

East Side Lenders is responding to your correspondence regarding the above-captioned account.

East Side Lenders, which is located in Delaware, is licensed by the State of Delaware to make small loans. All such loans are approved and funded in Delaware, with repayment to be made in Delaware. The East Side Lenders loan agreement and website contain all disclosures required by Delaware and federal law and make it clear that all transactions are governed by Delaware law. On the advice of counsel, East Side Lenders maintains that the choice of Delaware law as controlling in the loan documents would be upheld, as all of the significant contacts in the loan transaction occur in Delaware. The loan agreement is legal and enforceable. In responding to your correspondence, East Side Lenders notes and reserves all available legal and equitable objections to the points you have raised.

East Side Lenders provided this service as a convenience to you. We still consider your loan to be outstanding and are prepared to go to arbitration as provided for in the Loan Agreement between us. As an alternative, if you are experiencing financial hardship, we will be happy to speak to you about payment arrangements through which you can successfully meet your payment obligations. East Side Lenders will consider doing so because of our continuing commitment to servicing our customers and not because of a legal obligation to do so.

Should you have any further questions regarding this matter, if you wish to speak about payment arrangements, please contact us at (800) 689-5603.

Sincerely,

Customer Service

East Side Lenders


Please advise - should I talk to them, or forward this to the New Jersey Department of Banking? I owe them $300 in principal, which I intend to pay (even reasonable interest). I just finished resending the C&D letter to the proper address, but it appears they know what's up. Advice would be useful now!

Thanks,
chroma601 NJ Troubled


lrhall41

Submitted by chroma601 on Mon, 08/25/2008 - 09:55

( Posts: 83 | Credits: )


They send that letter to everyone, there are many members here at the forum who have also posted this letter. I would definitely forward it to your Attorney General, and reply to this letter to let them know you are doing so. Read the link below, it's the same exact letter you received. :D
http://www.debtconsolidationcare.com/paydayloan/eastsidelenders-florida.html


lrhall41

Submitted by Shazzers on Tue, 08/26/2008 - 04:46

( Posts: 17344 | Credits: )


Status report - two PDLs officially settled, one more than likely settled, and 5 still fighting. One of them called work today, harassed the receptionist a bit when I asked her to send it to voice mail ("This is an IMPORTANT CALL!!!") I have so much to do, nowhere near enough time it seems. Thanks to this community for all the help.


lrhall41

Submitted by on Wed, 08/27/2008 - 17:53

( Posts: | Credits: )


Things are moving along. I think I'm out of the woods on four of the loans. But today I received the following from GECC (Cash Direct Express):

Thank you for your recent inquiry.

We are in receipt of your correspondence dated 8/11/08 and are currently researching your account for the best resolution possible for both parties.

While reviewing your correspondence, it is our understanding that you have filed complaints concerning this issue with the Enforcement Division of the New Jersey State Department of Bank Bureau, the Federal Trade Commission, and the New Jersey Attorney General????????s Office. Please be advised in order for Cash Direct Express to properly respond to any of the complaint????????s filed with the organization????????s above, we must first receive a copy of the complaint from the organization you filed with.

If you have not already filed complaints with the organization????????s listed above and simply want to resolve this inquiry promptly, please inform us by replying to this e-mail. Once received, we will view the correspondence already received by you as the complaint itself and respond appropriately. (Please note: This option may only be executed in the event that you have not filed any complaints with any organization concerning your inquiry.)
If you have any additional questions or concerns, please contact me using the information below.

Thank you,

Tracy L Watson

The AG complaint was online, but I have a copy of the Dept. of Banking letter. I will attach that as a DOC file to the reply. I have paid GECC more than I borrowed, but I will see if they offer a reasonable solution.

I have been quiet here for a while waiting for the shoes to drop. I can say one of the lenders (Upfront) refunded a good portion of the overage I paid. Some are in limbo as I await their response. This one (GECC) seems reasonable.


lrhall41

Submitted by chroma601 on Wed, 09/03/2008 - 17:21

( Posts: 83 | Credits: )


This morning East Side Lenders had a email in my inbox. Following is my reply, followed by their email:



Dear East Side Lenders,
Please send a mailing address to which I can send money orders. I will begin sending money to pay off my principal when I have a valid USPS address to which I can send it. I have discovered Payday Loans are illegal in New Jersey, no matter where the lender is located. I have sent you certified mail explaining this. I attach a copy of that letter for your reference.
I have every intention of repaying the principal. Please send me a mailing address.
Thanks,






www.eastsidelenders.com
866.569.6636 (toll free)


URGENT: WE DID NOT RECEIVE YOUR PAYMENT
Please call us immediately toll free at 866-569-6636 to make arrangements for payment.
Hablamos Espa????ol



Account Name: Robert Lovejoy
Last 4 digits of Bank Account: 5510

Dear ,

Oops! We were not able to collect payment on your loan on the past due date of 08/15/2008. We realize
there may be a misunderstanding. In case you are unsure here is how our process works. When your loan
with us comes due you have the option of paying it back or continuing it. If you are paying back the loan
we debit your bank account (which you authorized in the loan agreement) for the full outstanding balance
of 400.00. If you are renewing the loan we debit your account for the service fee of 90.00. In some cases there
is a principal pay down which is also added to the service fee. It is your responsibility to make sure there
is enough money in your account to pay what you owe.

Please call us immediately toll free at 866-569-6636 to make arrangements for your payment. We will work
with you to clear up any misunderstanding and would look forward to continuing to serve you in the future.
Remember you can also use email to reach us at [email]service@eastsidelenders.com[/email], or visit our website any time
at www.eastsidelenders.com.

We are here for you; we just need to hear from you.


Sincerely,

Customer Service
East Side Lenders
866-569-6636 (toll free)
[email]service@eastsidelenders.com[/email]


lrhall41

Submitted by chroma601 on Thu, 09/04/2008 - 03:37

( Posts: 83 | Credits: )


I so love this!!!!

Quote:

We are here for you; we just need to hear from you.


That is the best thing I have read all day!!! I am suprised that the people there are intelligent enough to come up with that. Uh and....have you not been contacting them??? Maybe they are just "hearing" what they want. :lol:


lrhall41

Submitted by RoxyNY on Thu, 09/04/2008 - 05:58

( Posts: 4178 | Credits: )


It looks like east Side Lenders is playing hard to catch:

Thank you for your response Mr. (me). I????????m sure that an amicable resolution can be reached as well. Please note as stated in our previous correspondence that in order for Cash Direct Express to properly respond to any of the complaints filed with the organizations mentioned in your previous e-mail, we must first receive a copy of the complaint form the organization or organizations you have already filed with.

The e-mail received today was simply an attempt to provide you with an opportunity to resolve this matter much more promptly then it would take once involving any of the organizations mentioned. From the information gathered in your response, it is clear that complaints have already been filed. Unfortunately, once a complaint is filed, it is policy for the organization to follow through even if the consumer requests to remove the complaint. Since this is the case, we would need to wait to receive copies directly from the organization. Once we receive those copies, an investigation and formal response would be created in the best interest of both parties.

I hope this answers your concerns; however if you should have any additional questions, please feel free to contact me using the information below.



Thank you,



Tracy L Watson

Customer Relations Supervisor

Advice and explanations always welcome, as ever!
Thanks


lrhall41

Submitted by chroma601 on Thu, 09/04/2008 - 18:03

( Posts: 83 | Credits: )


Quote:

From the information gathered in your response, it is clear that complaints have already been filed. Unfortunately, once a complaint is filed, it is policy for the organization to follow through even if the consumer requests to remove the complaint.



Well, that is a first. It will be interesting to see if they even respond to the complaints you have filed. Most of the pdl's do not...


lrhall41

Submitted by RoxyNY on Fri, 09/05/2008 - 05:14

( Posts: 4178 | Credits: )


Time for an update on my case. Upfront Payday is still calling every few days, telling me in a recorded message that if I don't respond within 48 hours I will go to collection. I have heard nothing from East Side Lenders since my last post.

I suppose it's time to resend the certified letter to Upfront. I guess all I can do with East Side is wait. Everything else has been quiet.

Thanks again to the people at this site who have been such help. My next step is to get going clearing out my credit card debt. I'd been waiting for the other shoes to drop on the PDLs.

chroma601


lrhall41

Submitted by chroma601 on Wed, 09/24/2008 - 10:33

( Posts: 83 | Credits: )


I need help with finishing this letter to send out. The part where it states the following:

The legal amount that could have been charged to my loan is the principal amount, even IF your Internet pay day loan were legal anywhere in the U.S.. I am willing to pay the principle amount of the loan only, however, this is only if you provide me with a physical address where I can send payments.

Do I need to include this. I feel like I have overpaid. I borrowed $300 from both of them and have paid to Paydayonline $630 and Loan Shop Online $720.

I need help with this part!


lrhall41

Submitted by sh0762 on Thu, 09/25/2008 - 08:46

( Posts: 27 | Credits: )