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Can they do this?

Date: Thu, 08/06/2009 - 16:57

Submitted by chrissytex446
on Thu, 08/06/2009 - 16:57

Posts: 50 Credits: [Donate]

Total Replies: 3


I have a pdl with cashnetusa (a cso in Texas and legal-I know), however circumstances got way over our heads and in July (on the 6th) I sent them an ach revokation letter and offered to set up money order payments. They acknowledged my request via email and then on the 10th they attempted to debit my account, but I caught it and had to put a stop pay on the ach. Then again on the 27th they once again debited my account and we were out of town. I filed with my bank, as they are the ones who faxed revocation letter, and am currently fighting the debit (which drained our account and caused us to have 337 in overdraft fees). My bank suggested that I resend another revokation letter which I did yesterday. Today I recieved this email response...Quote:
Under the EFTA, a lender cannot require a consumer to repay a loan by means of preauthorized electronic funds transfers as a condition to approving the consumer’s loan. The term “preauthorized electronic funds transfer” is narrowly defined by the EFTA to mean “an electronic funds transfer authorized to recur at substantially regular intervals.” As explained by the Federal Reserve Staff in its official commentary to the EFTA, “Creditors may not require repayment of loans by electronic means on a preauthorized, recurring basis.” 12 C.F.R. 205, Supplement I – Official Staff Commentary, at 10(e) (1) (Loan Payments). As a one-time payment, the repayment of a CashNetUSA advance is not encompassed by the EFTA’s definition of “preauthorized electronic funds transfer,” and is therefore permitted under the EFTA.


If I read this correctly they are saying that they can draft because they require a onetime payment. Yet, we were on a payment arrangement for a payment every two weeks-have the arrangement in writing, therefor I have a right to revoke this eft because it is more than one payment, correct?

Also, because they attempted to debit more than one time (one successful and one not) is there legal recourse?

I emailed today and asked them to see if we could make an arrangement where I pay with money orders, as am terrified to give them access to my account again, and they said that they require Western Union or Money Gram, but I am a tightwad and don't want to pay the 11.95 to send plus their 8.95 per transaction fee.

TIA
Chrissy


What you need to do is close your checking account and open a new one. Thats the only way you are going to stop this. CashNetUSA has a history of doing this type of thing. They probably won't stop debiting your account until its closed. You can report them to the BBB, AG and DFI but I really would'nt expect to get any money back for your OD/NSF fees.


lrhall41

Submitted by resqume1 on Thu, 08/06/2009 - 18:11

( Posts: 324 | Credits: )


Trying to talk to someone at midland about a paycheck advance i got through them to resolve the matter. Another company has contacted me about the situation and I explained to the company that i need a payment arrangement and they were very nasty and doesnt have good customer service skills. I would rather go back through midland and pay my debt. personal information removed for your protection and per the TOS. Shazzers


lrhall41

Submitted by on Thu, 08/06/2009 - 19:00

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