Skip to main content
index page

Help! Cash Direct Express

Submitted by julieward2001 on Tue, 11/04/2008 - 13:28
Posts: 23
Credits:
[Donate]

I sent an e-mail to Cash Direct Express that basically says I found out they operate illegally in Michigan, the first loan I took out I over paid on and the second loan I am in default on I would like to apply the overpayment to and I would pay the remainder. I included this statement:
[quote]
It has been brought to my attention that in my state, the state of Michigan, you are not licensed to do transactions with me, and you have not been following the state of Michigan's payday loan laws, and regulations, which is required by law that you follow when dealing with customers in my state.

In less than an hour, I received a reply:

Please be advised that Cash direct express is governed under Delaware law. For your convenience, we’ve attached a copy of your loan agreement and pasted the section regarding our governing laws below.

GOVERNING LAW, ASSIGNMENT AND EXECUTION: This Loan Agreement is governed by the laws of the State of Delaware, as it is the State in which Your Application is received, the Loan Agreement is entered into, the Loan is approved and funded and where payment is received by Us in fulfillment of Your obligations under the Loan Agreement. We may assign or transfer this Loan Agreement or any of Our rights hereunder. If this Loan Agreement is approved by Us, then You agree that the electronically signed Loan Agreement We receive from You will be considered the original executed Loan Agreement, which is binding and enforceable as to both parties.

We hope this answers any of your concerns regarding the laws Cash Direct Express is governed under.
[/quote]

Does anyone have a clue as to how I respond to this? When they flat out deny they have to follow another state's rules and regulations? Does anyone know where I can find the information that says they have to follow my state's rules?

BTW, the attachmment showing my loan would not open - surprise, surprise


they tried that me too.i live in illinois.they said that didn't matter,my AG had a diffrent opinion and let them know it.


Submitted by paulmergel on Wed, 11/05/2008 - 06:33

paulmergel

( Posts: 15514 | Credits: )


Julie, I thought you might find it interseting that I am in the same situation. Feel free to email me if you would like.They also tried again to debit my account after they said it was paid in full.Because I had put a stop on it it would not go through and they sent me to Collections.
I live in ohio and I was sent the very same response from Tracy Watson. On 11/4/08 I had to work to get a paid in full from them as I had overpaid the loan a few times over with my fees.The sent me the PIF letter via email.Yesterday they sent me to collections.I have attched the emails below and removed my whole name.I tried to call Tracy and speak with her and she said that there would be no refund.She also claimed there was no one above her that I could talk to. I am filing an Ohio attorney General Compliant and I suggest that you do in your state as well.I will also file one with the Federal Trade Commision and the Better Business Bureau in their state.
I am not giving up!
Originally I had an agreement with them to mark my account as paid in full and not pursue the fees.When I received the letter from collections today they did not honor their end of the agreement.I will now pursue them for the over payment in fees of $919.25.


Just thought you might find this interesting since you are going through the same thing!

Carol




I am not waiting 7-10 days to file the complaint with The Ohio Attorney General.
I was advised that my complaint WAS resolved on 11/4/08 as the email from Gail indicates.attached to the bottom of this email It was not.

Therefore I will take this further as indicated unless my complaint is resolved today.

You are well past your 7-10 day time frame to resolve this matter.

I await your prompt reply and resolution to this matter today 11/18/08.








Dear Carol ,

Thank you for your recent inquiry.

I????????d first like to say that Cash Direct Express takes all consumer complaints very seriously and it is our intention to work with you to resolve this matter.

This email is being sent to confirm receipt of your correspondence. Please note, our records indicate your correspondence was received on 11/18/08.

Your correspondence has been forwarded appropriately and is currently being reviewed for the best resolution possible. Please allow 7 to 10 business days for investigation purposes. Also, please keep in mind that our office hours are Monday through Friday from 8:30AM to 5:00PM ET. If you should have any questions or concerns prior to receiving our response please feel free to contact me using the information provided below.


Thank you,

Tracy Watson

Tracy Watson

Cash Direct Express

Customer Relations Supervisor

1 (866) 432-2562 x302 (v)

1 (866) 432-2736 (f)

'twatson@geccloan.com'




--Original Message--
From: Date: 11/18/2008 10:58:28 AM
To: 'customerservice@cashdirectexpress.com'
Subject: Loan

I have now added up what the refund that you owe me is.I have kept all copies of my Checking account Bank Statements and will use this as my supporting evidence when I report this to the Ohio Attorney General's Office and the FTC and Better Business Bureau.
I believe that in order to avoid litigation it is in your best interest to refund me the over paid illegal fees.

I took out two loans with your company.

First Loan taken out on 3/13/08 in the amount of $400.00

3/28/08 $ 106.00 deducted from my account
4/11/08 $ 106.00 deducted from my account
4/25/08 $106.00 deducted from my account
5/9/08 $106.00 deducted from my account
5/23/08 $106.00 deducted from my account
6/6/08 $156.00 deducted from my account
6/20/08 $142.75 deducted from my account
7/3/08 $ 129.50 deducted from my account
7/18/08 $ 116.25 deducted from my account
8/1/08 $ 103.00 deducted from my account
8/15/08 $150.00 deducted from my account
8/15/08 $ 39.75 deducted from my account


Total equals 1367.25 paid on a $400.00 loan.Therefore according to the Ohio Revised Code along with the Ohio Law regarding Internet Payday Lending. I am entitled to a refund in the amount of 967.25.
Since you are illegal and not licensed in Ohio you are not entitled to any fees , only the principle amount which I have over paid.

2nd Loan taken out on 8/29/2008 in the amount of $400.00

9/12/08 $88.00 deducted from my account
9/26/08 $88.00 deducted from my account
10/10/08 $88.00 deducted from my account
10/24/08$ 88.00 deducted from my account


Total is 352.00 paid on a 400.00 loan. This is exactly $48.00 short of the principle being paid in full.
Therefore you may deduct 48.00 from the 967.25 that I have over paid your company and refund me in the amount of $919.25.

If I do not hear back from you today 11/18/08 in response to my emails I will take this as far as I can and pursue legal action to obtain the monies that were illegally taken from my checking account .





I played nice and kept my end of the deal by not reporting you to the Ohio Attorney General,and The Federal Trade Commision. Cash Direct Express has not kept their end of the agreement.

If I don't get a full refund at this point of the charges I overpaid to this company I will pursue the illegal fees that I overpaid with the Ohio Attorney General.

I was assured this was paid in full, refer to email from Cash Direct Express below. Rest Assured I will not give up. I have attached a copy of the Ohio Revised Code for your reference.


The contract was illegal.
I have paid well over the principle amount of the loan.
Internet Payday Lenders are required by Ohio Law to be licensed in the state of Ohio to lend to an Ohio Resident.They have also charged me well over the fees that according to Revised Code. GECC Inc. dba Cash Direct Express ) consciously solicited, accepted, and transacted business with a citizen of the State of Ohio and you are therefore subject to the laws of Ohio.
Since Cash Direct Express is not licensed to lend monies in Ohio, any contract I entered into with your company is unenforceable and automatically void as a matter of law. It has been brought to my attention that your company is not licensed to lend in the state of Ohio. Pursuant to ORC ???? 1315.36, no check-cashing business shall engage in the business of making loans under sections 1315.35 to 1315.44 of the Revised Code without first having obtained a license from the superintendent of financial institutions under sections 1315.35 to 1315.44 of the Revised Code.
Therefore, Cash Direct Express is in violation of Ohio state law. You are in violation of section 1315.36 of the Ohio Revised Code, and have made a loan that does not comply with division (A) of section 1315.39 of the Ohio Revised Code. For this reason, I will immediately file complaints with the Ohio Attorney General's Office, and the Federal Trade Commission, and the Better Business Bureau concerning your illegal lending practices. In reference to the loans with Cash Direct Express,I am formally requesting substantiation of all interest payments made by me to your company.
Citation:
Ohio Rev. Code Ann. ???????? 1315.35 et seq.

Loan Terms:
Maximum Loan Amount: $800
Loan Term: Max: 6 months
Maximum Finance Rate and Fees: $10/$100 + 5% per month
Finance Charge for 14-day $100 loan: $15
apr for 14-day $100 loan: 390%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: None (cannot refinance)
Cooling-off Period:
Repayment Plan:

Collection Limits:
Collection Fees: Bank charges (if disclosed); $20 collection charge; Court Costs; damages
Criminal Action: Not Specified












Cash Direct ExpressTuesday, November 4, 2008 2:43 PM
From: "Customer Service" Add sender to Contacts
To:
Carol,
This email is to confirm, per our phone conversation, that I have marked your account as Paid In Full with GECC dba Cash Direct Express. Any remaining balance on the account has been waived and no further transactions will be attempted by our company with your bank account.
If you have any additional questions please email us at 'customerservice@cashdirectexpress.com' or contact us at 1 (866) 432-2562 Mon - Fri from 8:30am to 5:00pm ET.

Thank you,



Customer Relations
Cash Direct Express





Cash Direct ExpressTuesday, November 4, 2008 2:43 PM
From: "Customer Service" Add sender to Contacts
To: @yahoo.com
Carol ,
This email is to confirm, per our phone conversation, that I have marked your account as Paid In Full with GECC dba Cash Direct Express. Any remaining balance on the account has been waived and no further transactions will be attempted by our company with your bank account.
If you have any additional questions please email us at 'customerservice@cashdirectexpress.com' or contact us at 1 (866) 432-2562 Mon - Fri from 8:30am to 5:00pm ET.

Thank you,


Customer Relations
Cash Direct Express



--- On Mon, 11/17/08, 'info@pdrecovery.com' wrote:

> From: 'info@pdrecovery.com'
> Subject: Past Due Notice. DebtID#xxxxxxx..
> To: @yahoo.com
> Date: Monday, November 17, 2008, 4:40 PM
> PD RECOVERY, INC.
>
>
>
> 11/17/08P.O. Box
> 22290
> Salt Lake City, Utah 84122
> 866-433-1008
>
> First Name : carol
> Date of Loan : 08/28/08
> Last Name :> Amount Due : $118.00
> Address : > Creditor : GE1 - GECC Inc.
> City : > Location : GE1 - GECC Inc.
> State : OH
> Zip :
>
> PAST DUE NOTICE
> As we have informed you previously, we have been engaged to
> represent GE1 - GECC Inc. as a result of your failure
> to pay the above referenced debt of $118.00.Your
> payment is now DUE IN FULL and requires your immediate
> attention. Please call our office at 1-866-433-1008
> to discuss your personalized workout options with one
> of our professional representatives. We are available Monday
> through Friday from 6:00AM ???????? 8:00PM MST and
> Saturdays 6:00AM ???????? 2:30PM MST and request you contact
> us during these times.Sincerely,
>


Submitted by on Tue, 11/18/2008 - 11:06

( Posts: 202330 | Credits: )


Hi Shazzers, I understand that the loan is PIF, but now they have sent me to collections. This doesn't make sense as I have a PIF email from them, I am so mad that they did not keep their end of the agreement that I have decided to try to get a refund from them. If they would have kept their word then I would not have fought them for a refund.

What do you think ?

Thanks for all of your advice you have some great info. I really appreciate all of the info you post to help others!


:?:


Submitted by britneyspears99999 on Tue, 11/18/2008 - 20:59

britneyspears99999

( Posts: | Credits: )


I fill a Loan Papers for a loan ,approved but did not get to
sign for it.What do l do.


Submitted by on Tue, 02/10/2009 - 04:20

( Posts: 202330 | Credits: )


right on nohiogal.if they by chance deposited the money.have your bank return it.just say you have no idea what this is and you don't want it.trust me you don't.


Submitted by paulmergel on Tue, 02/10/2009 - 06:21

paulmergel

( Posts: 15514 | Credits: )