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Cash Net USA Help - Breach of contract??

Date: Fri, 10/30/2009 - 15:08

Submitted by jonathanterrell
on Fri, 10/30/2009 - 15:08

Posts: 22 Credits: [Donate]

Total Replies: 9


Hi everyone. Been a little while since i been on here...but I am happy to re[port since discovering this site my credit score has went up 50 pts :).. now to the topic.

Got in financial trouble...had to get a payday loan.. etc etc etc (yall heard that part 1000's of times :)

I defaulted on my loan with CashNetUsa (or whoever their bank is as they are a CSO) the amt was 350.00 and after the fees and such they are saying i owe 530 something. here is where it gets tricky:

As stated in their contract it says they can re-run any returned ach 2 times. well they did that.. also states they can try to get the 30 ins fee the same way...and also run it two times if returned. they did that also. They are not wanting to accept my payment arrangements (ive called and tried 3 times to set them up) I am trying to set them up for roughly 1 month from today. They keep telling me they will continue to debit my account as they please to try and collect the money. Well their contract states 2 times...which they exhausted.

Now I see when i log into my account on their website they have renewed my defaulted loan...created new contract dated the 19th of october and are going to debit the extended loan full amt on the 2nd of november. I did NOT sign the contract for the renewed loan (but it says i did on the 19th of october at 2:38AM).

Basically if i understand this correctly they are kind of operating in a loophole here.. by renewing the dafaulted loan and forging my signature (electronically) i think its illegal...but i see the loophole...now they can start the whole process of how many times they can try to debit a returned ach again.

should I close my bank account? Do yall need more information to guide me correctly?? I AM LOCATED IN TEXAS.

Thanks for all the help :)

JT


I would definitely close my account. Can you log back into your account? If so, then what you ought to do is take a screen shot of the loan renewal, make sure you get the date on your screen shot though. Then file a complaint with the FTC, because that is totally illegal, and they shouldn't be able to get away with it. With your complaint give all the details, how you have tried numerous times to make different payment arrangements, and how you NEVER authorized a renewal. You need to have this documented somewhere and where better than with the FTC. You can file a complaint online, the link is in my signature.


lrhall41

Submitted by Shazzers on Fri, 10/30/2009 - 16:12

( Posts: 17344 | Credits: )


Shazzers!!! I remember seeing you while I was pooring over these forums last time... :)
But, ok I will do as followed. More info. I did not give any OK to renew/Extend or do anything with my loan. I did call in now abt 5 times (2 yesterday) to try to set it up. no luck each time. I sent them a nasty email stating what they was doing was in my opinion not legal. they sent me some bs back offering the same payment arrangement they have been...one i cannot do.. funny thing is there is just a week between when i wanna start and they want me to start. they are commiting fraud when they signed my name (eplectronically) to the new EXTENDED loan aggrement...right??? Also in the email they stated when i took out the loan (over month ago) i selected to renew it. Even if i did ( dont remember) they have tried to debit the full amt...not an extensionn amt... So basically they are using this extension as a reason to restart the debit process. in the email they stated it was a EXTENSION, but come monday they are going to try to debit the full amt!! how is that an extension...
See they say one thing and do another, dont put stuff in the contract cause it would not stand up!!
I really believe they are screwing up legally here and I could possibly nail them to the wall on it!!!!
Any more thoughts????
PS.
Ima copy/paste the email from yesterday and this morning::
FIRST EMAIL I SENT:
I have called 3 times since I entered default status to set up payment arrangements. Each time I was given different information, and each time I was unable to set up a specific date to pay the loan. The customer service representives handling my call would not work with me to set up a date, basically the told me some dates and if i could not make it then they could not help me. in the end I was told to call back when I could set up a date. Well I tried 3 times to do that.
The contract I signed says that if the debit comes back for any reason you can resubmit it 2 more times. It also states you will try to collect the INS ($30) fee through ACH also, and if returned it can be re-ran 2 times to try and collect it.
I noticed when I logged into my account there was a payment set up for November the 2nd. It also has an updated SIGNED contract dated 2:39AM October 19th. FIRST I DID NOT SIGN THIS CONTRACT - SECOND I DID NOT SET UP THE DATE FOR THE DEFAULTED LOAN (nOV, 2ND). THIRD YOU HAVE ALREADY EXHAUSTED THE AMOUNT OF TIMES YOU CAN RE-RUN THE ACH TO TRY TO GET THE PAYMENT.
I would love to set up payment arrangements. but it does take a rocket scientist to figure out that you are either real close to if not already in breach of the contract. BY CONTINUING TO TRY AND DEBIT THE ACCOUNT PAST THE 2 TIMES AS STATED IN THE CONTRACT AND/OR MAKING IT LOOK LIKE I SIGNED THE CONTRACT ON THE 19TH OF OCTOBER (WHICH I DID NOT SIGN).
For everyone's sanity lets set up a date to make payment. Im more than willing to work it out so everyone is happy. but the way you are handling this matter is not right. You are not following the contract and are forging my signature on loan contracts (19th!!)
REPLY TO THAT EMAIL:
Dear Name removed by Shazzers ,
When you applied for your loan, there is a drop down arrow that requests you to advise us if you want your loan to extend or pay in full on your due date. It was set to extend and therefore, your loan extended.
The payment plan we can offer is below.
$282.02 due on 11/16/09
$282.02 due on 11/30/09
To confirm your agreement to this payment plan, please reply to this email stating that the terms are acceptable. You must include the original email with the terms to which you are agreeing in your response.
PAYMENT METHOD
- Bank Account - COMMERCIAL BANK OF TEXAS, N.A. checking account ending in XXXX
If you are paying via credit card, you will need to call our Collections Department at(888)801-9078 to set up payment arrangements.
Collection procedures will continue until an acceptable payment arrangement has been made.
If you have any questions or concerns, our collections team is available seven days a week via phone and email.
CashNetUSA Collections Department(888)801-9078 Direct Line(866)350-0110 Fax
www.cashnetusa.com
Mon-Fri: 6am to 11pm CST
Sat-Sun: 8am to 8pm CST
Heidi P
MY REPLY TO THAT:
No where In the contract does it state anything remotely like what yall are doing. You guys are extending a defaulted loan??? How exactly does that work??? Ive talked to about 5 people up there and not one of them can tell me anyhting about the contract i signed xcept what yall are doing is in there... Well I hate to be the bringer of bad news but it is not!!!! I printed off the contract, its sitting right in front of me, and you guys have plainly breached it. Xpecially come monday when yall try and debit the whole amount from my bank account!! I remember something about you said I extended it? (which i did not) even if it was extended you should debit (try to debit) an amount far less than the total amount due. You say one thing and do something completely different then harp oin the contract when no one can point me to the information in the contract cause its simply not there. COME MONDAY WHEN YALL TRY TO DEBIT MY ACCOUNT THAT WILL BE THE 3RD OR 4TH TIME YALL HAVE RAN IT THRU. PLAINLY IN BREACH OF WHAT THE CONTRACT SAYS YOU CAN DO, ALSO. Are you people incompetent? I would think a company would be able to point out information. You would think a company would look at a customers history and work with them, Ive done good by yall, get in one bind and all hell breaks loose. I will be taking measures to stop yall continuing to run my bank act even more negative if another debit trys to come thru i did not authoprize (and i hate to say it. the contract dated October the 19th i did not sign...Fraud on yalls part there) It wont be me...im to lazy...lol...but yall should be careful....the way yall do business and the loopholes yall use (like extending a defaulted loan) will not stand forever. There is a reason this kind of stuff is not in the contract....it would not hold up... If I was in yalls line of work, Id do everythign by the book...yall make alot of money...dont spoil a good thing!!!!


lrhall41

Submitted by jonathanterrell on Sat, 10/31/2009 - 08:03

( Posts: 22 | Credits: )


Quote:

Originally Posted by Shazzers
If so, then what you ought to do is take a screen shot of the loan renewal, make sure you get the date on your screen shot though.



If I may jump in, here...

If you just hit File ==> Print in your browser, it should print the current page, with the URL and date. That's likely the easiest way. An application capable of 'print-to-pdf' functionality would work well, too. Plus give you an email-able document.


lrhall41

Submitted by unclewulf on Sat, 10/31/2009 - 08:19

( Posts: 3172 | Credits: )


Guys,

CashnetUSA is the largest online legal lender in the United States. Based on my knowledge of thier operations, you will not win. Thier platoon of lawyers have made sure that thier operations of falling within the laws/regulations of each state in which they operate. As for you latest renewal, I would surmise and be pretty confident that when you "signed" your first agreement/contract you agreed to the loan automatically renewing and your initial signature carrying thru to each subsequent loan/rollover.

Now, you need to find a way to resolve this issue. Based on the comments that I have read on here about your communications, I would suggest a different direction. Instead of trying to take the "I know my rights and the laws" route, I would back off and take the calm "I need your help" route. Remember that this company has more high paid atty's ensuring thier compliance than thier are kids in my son's class. You are barking up the wrong tree trying to tell them that they are breaking the law and you will bring them down. They hear that threat all of the time and dismiss any attempts to find an arrangement with this type of delinquent customer. Be nice, honest and humble in order to get them to work with you.

Good luck.


lrhall41

Submitted by PDLOwner on Sat, 10/31/2009 - 09:19

( Posts: 1049 | Credits: )


Quote:

Originally Posted by unclewulf
If I may jump in, here...
If you just hit File ==> Print in your browser, it should print the current page, with the URL and date. That's likely the easiest way. An application capable of 'print-to-pdf' functionality would work well, too. Plus give you an email-able document.


Thank you, and DUH on my part. l ol


lrhall41

Submitted by Shazzers on Sat, 10/31/2009 - 10:13

( Posts: 17344 | Credits: )