Questions in Texas
Date: Sun, 05/02/2010 - 11:08
Web Discount 34.99
200cash 19.00
LIberty Discount 24.19
and so on . . .
The bank Vice President disputed these and then said she put a hard freeze on the account, no ACH activity anymore no deposits no withdrawals, no ACH transactions.
I logged onto my account and it was closed. This morning I went to log in and sure enough they debited and I have overdraft fees . . . WHY WHY WHY can't I seem to get out of this . . .
Any advice would be totally appreciative right now. I just need to gain some sense of control over this.
Regions Bank
Texas
Cashbanc 300 - paid 345.00
Pay1day solomon financiing - 300 - paid 425.00
Cashnet USA - 850 - 200 (called to set up a payment plan, they haven't called back and I haven't defaulted yet)
Checkngo - 600 - 587.19
USFAST CASH - 200 - paid 447
US FAST CASH - 300 - paid 287.00
Cash Central - 400 - 199.00
is Checkngo legal in Texas?
Checkngo is legal and a member of the CFSA (Community Financial
Checkngo is legal and a member of the CFSA (Community Financial Services Association of America) which is good news for you, you are eligible for the extended payment plan but they won't offer it to you, you have to ASK, see the link below which explains the EPP:http://www.cfsa.net/public_education_campaign/guidelines/guidelines_extended_payment_plans.html
I will address your other questions shortly.
About your bank, if the Vice President assured you there would b
About your bank, if the Vice President assured you there would be a freeze on your account then it is their responsibilty to remove the charges! Go into your bank, speak directly to the branch manager, and let him/her know what occurred (freeze on account, etc.) Request that a hard debit block be placed on your account indefinitely due to unlicensed lenders (which I will explain in a minute), also dispute the debits and ask to fill out a formal dispute. Meanwhile, CLICK HERE to find out how to deal with unlicensed lenders. FOLLOW it step by step, DO NOT leave out ANY steps. I will return shortly with information on the lenders.
Your payday loan laws are below: http://www.paydayloaninfo.org/s
Your payday loan laws are below:
http://www.paydayloaninfo.org/stateinfo/TX.asp
The licensee data base is below, if a lender is not listed there, they are unlicensed and should be dealt with accordingly.
http://168.39.159.59/default.asp
CashNetUSA is operating as CSO's in Texas (Credit Service Organi
CashNetUSA is operating as CSO's in Texas (Credit Service Organization), therefore the payday lender laws do not apply to them.
Basically, a CSO or Credit Services Organization is defined by the Texas Credit Services Organization Act (Section 393 of the Texas Finance Code). Please bear in mind the CSO or Credit Services Organization model (unfortunately) IS NO LICENSING required by the state! CSO's are required to "Register" with the Secretary of State, they are NOT licensed, and their fees ARE NOT REGULATED.
If you CLICK HERE you can search the Credit Services Organization data base, but keep in mind that some lenders use dba names.
Ok, got it. Until I for sure secure my account, I don't want to
Ok, got it. Until I for sure secure my account, I don't want to send the letters or they will take everything out. But how do I make a bank vice president, fix HER mistake, without pissing her off. what do I say? What do I bring? She PROMISED ME.
Just go in and talk to her. Something like "Hey, I'm confused.
Just go in and talk to her. Something like "Hey, I'm confused. Last time we talked, we put a hard freeze on my account, and I thought that you had said that meant no transactions could go through... It appears that some DID get through, and now I'm overdrawn again. How do we fix this?" Honestly, she probably doesn't even know that they went through; these things are automated.
BUT!!! Get those ACH revocations sent out ASAP!!! Go ahead and email/fax them if you want them to get them right away, but also mail them CMRRR so you have proof they received them. Then give copies to your bank. ACH authorization privilages are revocable, and once theirs is revoked, you can have your bank treat any further attempts as unauthorized/fraudulent. Also, if they do try to push them through after ACH revocation has been received, you can get your bank to give you a printout of the transactions and attempts, and append that to your Texas AG complaint.
Quote:Originally Posted by AmyLCOk, got it. Until I for sure sec
Quote:
Originally Posted by AmyLC Ok, got it. Until I for sure secure my account, I don't want to send the letters or they will take everything out. But how do I make a bank vice president, fix HER mistake, without pissing her off. what do I say? What do I bring? She PROMISED ME. |
Bypass her altogether and speak to the branch manager, state the facts about what happened, it is your word against hers basically. Stand your ground and don't worry about pissing anyone off. Tell them you will be forced to close your checking account if they can't help you.
They put more drafts thru and she called Pay1Day and they said I
They put more drafts thru and she called Pay1Day and they said I owed it, so she let them take the money. She asked me "looks here like you owe this to them" I explained they are an illegal company and I don't want them to have access to my account. She said, then you need to come in and file a dispute against each one of these. AGAIN. Cuz we already did this . . .
She is saying she can't just hard freeze the account just cause i want to . . she is the Bank Vice President!!!
oh and she said she doesn't care what the Attorney Generals offi
oh and she said she doesn't care what the Attorney Generals office said.
I am so scared right now, my head is swimming . .she will NOT pu
I am so scared right now, my head is swimming . .she will NOT put a hard freeze on the account. She is mad at me and said I owe this money . . i keep telling her they are illegal and i have the right to revoke their authority and she said she doesnt care to see those letters.
Please please help, my head is swimming and i can't seem to think straight . .i can't even put two and two together. I am faxing USFast Cash, CAshbanc and Pay1Day right now . . but if i fax them the revokation letters they will withdraw everything . .everything, my account is so far over the limit.
Ok, it sounds like you need to change banks. ACH authorizations
Ok, it sounds like you need to change banks. ACH authorizations are revocable. Doesn't matter if you owe the money (which I understand that you don't), you have the option (by law!) to revoke the ACH debit authorization and pay by a different method. If you have revoked authorization, than any further debits are unauthorized. And if your bank manager/VP is unwilling to protect the money you have entrusted to them against unauthorized debits, then your money is not safe with this bank, and never will be. I understand that with your account in the negative you can't just close the account, but putting any more money into it would be about as secure as putting it on your front lawn, and I wouldn't do it. Next paycheck you get, go to a different bank and open a new account.
Next, ask the bank who the ACH processor is for these transactions is. There is a sticky'd thread on this forum about getting ACH processors involved, and in your case I'd definitely recommend it... if the PDL company isn't honoring the revocations, and the bank isn't honoring it, then your only choice is to stop it at the processor level.
And like I said, get your bank to give you a printout of the transaction record, showing that the ACH debits were submitted after the revocations were sent and received (bear in mind, however, that ACH transactions are submitted 3 days before processing, so the loan company would have to have received it far enough in advance to NOT submit).
Question in TExas
What if they are legal and I need to stop them from taking money out of the account.
What letter do I send them if they are legal?
Cash Central
Cashnet USA
ChecknGo
Please keep all your posts in one place, it becomes very confusi
Please keep all your posts in one place, it becomes very confusing for those who are replying, plus it will keep all your information in one place. :)
I am pretty sure that all three of them are operating within the
I am pretty sure that all three of them are operating within thew laws of your state as far as licensing is concerned! You need to send them a letter requesting an extended payment plan! We here at Debt CC will never advise people to try to get out of paying money they borrowed! We just want to protect them from paying what is over what is legal! Can you list how much you borrowed from each and how much you have paid each so far?
Quote:Originally Posted by AmyLCWhat if they are legal and I nee
Quote:
Originally Posted by AmyLC What if they are legal and I need to stop them from taking money out of the account. What letter do I send them if they are legal? Cash Central Cashnet USA ChecknGo |
Send them a letter which revokes their right to debit any money from your account per the EFTA law. If you'll read the link I gave you on how to deal with unlicensed lenders you will find a template.
Quote:Originally Posted by AmyLCWhat if they are legal and I nee
Quote:
Originally Posted by AmyLC What if they are legal and I need to stop them from taking money out of the account. What letter do I send them if they are legal? Cash Central Cashnet USA ChecknGo |
Are all of these online? Shoot them an email and tell them that due to some illegal activity on your bank account you will need to stop all ACH's, and you are willing to make payment arrangements via the mail with money orders, explain that you will need a valid address of which to send payments.
Quote:Originally Posted by ShazzersAbout your bank, if the Vice
Quote:
Originally Posted by Shazzers About your bank, if the Vice President assured you there would be a freeze on your account then it is their responsibilty to remove the charges! Go into your bank, speak directly to the branch manager, and let him/her know what occurred (freeze on account, etc.) Request that a hard debit block be placed on your account indefinitely due to unlicensed lenders (which I will explain in a minute), also dispute the debits and ask to fill out a formal dispute. Meanwhile, CLICK HERE to find out how to deal with unlicensed lenders. FOLLOW it step by step, DO NOT leave out ANY steps. I will return shortly with information on the lenders. |
I did this and she said I owe the money. and that she can't put a hard freeze on the account. The only way she will work with me is if i dispute this as identity theft . . what the heck!! they are ILLEGAL!!!! I thought I had the right to revoke. Well apparently I don't. She did say come back in and fill out a formal dispute. I have stared with the step by step plan on illegal lenders.
Quote:Originally Posted by msmotrJust go in and talk to her. S
Quote:
Originally Posted by msmotr Just go in and talk to her. Something like "Hey, I'm confused. Last time we talked, we put a hard freeze on my account, and I thought that you had said that meant no transactions could go through... It appears that some DID get through, and now I'm overdrawn again. How do we fix this?" Honestly, she probably doesn't even know that they went through; these things are automated. BUT!!! Get those ACH revocations sent out ASAP!!! Go ahead and email/fax them if you want them to get them right away, but also mail them CMRRR so you have proof they received them. Then give copies to your bank. ACH authorization privilages are revocable, and once theirs is revoked, you can have your bank treat any further attempts as unauthorized/fraudulent. Also, if they do try to push them through after ACH revocation has been received, you can get your bank to give you a printout of the transactions and attempts, and append that to your Texas AG complaint. |
Oh no she ABSOLUTELY feels i am wasting her time with this nonsense. I owe, now pay it. I sent out the revocations ( was waiting to make sure the account was secure before that happened, so they didn't just go haywire, well they all went out email, fax and now cmrrr mail) Its like she is mad at me and protecting Solomon Financing!
Quote:Originally Posted by ShazzersBypass her altogether and spe
Quote:
Originally Posted by Shazzers Bypass her altogether and speak to the branch manager, state the facts about what happened, it is your word against hers basically. Stand your ground and don't worry about pissing anyone off. Tell them you will be forced to close your checking account if they can't help you. |
She is the Bank Vice President, no one there higher. I told her I wanted it closed period. Hard frozen. And I told her now there IS illegal activity on the account and I want it closed. And that i was not opening another account with them again. She doesn't care.
Quote:Originally Posted by msmotryou have the option (by law!) t
Quote:
Originally Posted by msmotr you have the option (by law!) to revoke the ACH debit authorization and pay by a different method. I understand that with your account in the negative you can't just close the account, but putting any more money into it would be about as secure as putting it on your front lawn, and I wouldn't do it. Next paycheck you get, go to a different bank and open a new account. Next, ask the bank who the ACH processor is for these transactions is. There is a sticky'd thread on this forum about getting ACH processors involved, and in your case I'd definitely recommend it... if the PDL company isn't honoring the revocations, and the bank isn't honoring it, then your only choice is to stop it at the processor level. And like I said, get your bank to give you a printout of the transaction record, showing that the ACH debits were submitted after the revocations were sent and received (bear in mind, however, that ACH transactions are submitted 3 days before processing, so the loan company would have to have received it far enough in advance to NOT submit). |
Apparentely I don't have that option by law or when I quoted the FDIC laws she would have responded. When I parroted NACHA rules, nothing. My account was completely zero'ed out Wed last week. Just like she said. Before I started securing my accounts, I already opened an account with USAA and had my deposit and my child support directed into there. Ok, I will search the thread on ACH processor, how would i find that info, she isn't going to give it to me. She just rolls her eyes at me.
Quote:Originally Posted by ShazzersSend them a letter which revo
Quote:
Originally Posted by Shazzers Send them a letter which revokes their right to debit any money from your account per the EFTA law. If you'll read the link I gave you on how to deal with unlicensed lenders you will find a template. |
Done. I notified the legal ones and my intent to pay immediately. One of them were charging over the Texas limit. They reduced it.
Pay1day Solomon just emailed and said the account is considered closed!!! What does that mean!
Quote:Originally Posted by ShazzersAre all of these online? Shoo
Quote:
Originally Posted by Shazzers Are all of these online? Shoot them an email and tell them that due to some illegal activity on your bank account you will need to stop all ACH's, and you are willing to make payment arrangements via the mail with money orders, explain that you will need a valid address of which to send payments. |
Done.
Sounds like you need to file a complaint with the Texas Banking
Sounds like you need to file a complaint with the Texas Banking Commission. Their website is http://www.banking.state.tx.us/
Click on the link that says "Consumer Assistance", and it has FAQ pages, as well as resources on submitting a complaint on a state-chartered bank.
Quote:Originally Posted by msmotrSounds like you need to file a
Quote:
Originally Posted by msmotr Sounds like you need to file a complaint with the Texas Banking Commission. Their website is http://www.banking.state.tx.us/ Click on the link that says "Consumer Assistance", and it has FAQ pages, as well as resources on submitting a complaint on a state-chartered bank. |
Already did that at 3pm today . . .and with the AG's office regarding Regions bank
Tomorrow, they are all scheduled to hit again tomorrow . . .I ha
Tomorrow, they are all scheduled to hit again tomorrow . . .I have no idea what to do. My bank will NOT stop them. I had one with Bank of America and they were GREAT about it. Checkngo, will take out 725 they emailed me today and told me. After I sent them revocation notice, they said it was too late and they were taking out their full amount . . .there is nothing i can do to stop them. It will eat my child support. Any more ideas?
Have you guys ever had a bank just NOT stop the ACH debits?
Have you guys ever had a bank just NOT stop the ACH debits?
Quote:Originally Posted by AmyLCTomorrow, they are all scheduled
Quote:
Originally Posted by AmyLC Tomorrow, they are all scheduled to hit again tomorrow . . .I have no idea what to do. My bank will NOT stop them. I had one with Bank of America and they were GREAT about it. Checkngo, will take out 725 they emailed me today and told me. After I sent them revocation notice, they said it was too late and they were taking out their full amount . . .there is nothing i can do to stop them. It will eat my child support. Any more ideas? |
Did you tell your bank that you are revoking these lenders rights to debit your account? If you did, they (your bank) MUST honor it, it's a federal law, and if I were you, I would print out and take in the EFTA law, show it to the branch manager, and tell them if they do not honor it you are filing a complaint with the Texas Office of Consumer Credit Commissioner, and PLEASE follow through! If your bank is refusing to honor your ACH revocation they are breaking the law!!!
[QUOTE]
Electronic Funds Transfer Act
907. Preauthorized transfers
(a) A preauthorized electronic fund transfer from a consumer's account may be authorized by the consumer only in writing, and a copy of such authorization shall be provided to the consumer when made. A consumer may stop payment of a preauthorized electronic fund transfer by notifying the financial institution orally or in writing at any time up to three business days preceding the scheduled date of such transfer. The financial institution may require written confirmation to be provided to it within fourteen days of an oral notification if, when the oral notification is made, the consumer is advised of such requirement and the address to which such confirmation should be sent.
(b) In the case of preauthorized transfers from a consumer's account to the same person which may vary in amount, the financial institution or designated payee shall, prior to each transfer, provide reasonable advance notice to the consumer, in accordance with regulations of the Board, of the amount to be transferred and the scheduled date of the transfer.
[Codified to 15 U.S.C. 1693e]
[Source: Section 907 of title IX of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by title XX of the Act of November 10, 1978 (Pub. L. No. 95-630; 92 Stat. 3733), effective May 10, 1980]
[/QUOTE]
Doing that now. The Bank Vice President said she didn't care or
Doing that now. The Bank Vice President said she didn't care or want to see the revocation letters. She is operating under the assumption that I owe this money, which I do. But she isn't their debt collector. I am calling OCCC now.
Thank you for your response. I sat down with my bank Vice Presid
Thank you for your response.
I sat down with my bank Vice President AND had the Banking Commission on the phone and they both told me that they will NOT hard freeze the account because there are transactions coming thru everyday. They said that the reason it wasn't hard frozen when I went in the first time and they said it would be, was because "it didn't work" . . .thats right "it didn't work" . .. now they can't hard freeze it because everyday there are transactions coming thru . . .its 99.95 for Platinum something, 8.42 for liberty discounts, 14.95 for webdiscounts 34.55 for web 777 . . .crap like that . . .and the ONLY option I have is paying for a stop payment on each one. I tried to show her where they will make it one penny off to get it thru, she doesn't care . . .even the banking commission over Regions told me this. I just have to pay the NSF fees every single day and go to the bank every day to dispute this . . .everyday . . .and they are very sorry.
Quote:Originally Posted by AnonymousThank you for your response.
Quote:
Originally Posted by Anonymous Thank you for your response. I sat down with my bank Vice President AND had the Banking Commission on the phone and they both told me that they will NOT hard freeze the account because there are transactions coming thru everyday. They said that the reason it wasn't hard frozen when I went in the first time and they said it would be, was because "it didn't work" . . .thats right "it didn't work" . .. now they can't hard freeze it because everyday there are transactions coming thru . . .its 99.95 for Platinum something, 8.42 for liberty discounts, 14.95 for webdiscounts 34.55 for web 777 . . .crap like that . . .and the ONLY option I have is paying for a stop payment on each one. I tried to show her where they will make it one penny off to get it thru, she doesn't care . . .even the banking commission over Regions told me this. I just have to pay the NSF fees every single day and go to the bank every day to dispute this . . .everyday . . .and they are very sorry. |
You're nuts (just a figure of speech, no offense intended) if you allow them to do this to you, they are breaking the law and it's up to you to contact the [URL="http://www.sec.gov/cgi-bin/goodbye.cgi?www.federalreserve.gov"]Board of Governors of the Federal Reserve System[/URL] to let them know, they MUST honor your revocation, it's the law! Something is very fishy here.
Federal Reserve Consumer Help
PO Box 1200
Minneapolis, MN 55480
Phone: (888) 851-1920
Compliance and Consumer Affairs
550 17th Street, N.W.
Washington. DC 20429
Phone: (202) 942-3100
Toll-Free: (877) 275-3342
Ok, i will call them first thing in the morning . . .doesn't it
Ok, i will call them first thing in the morning . . .doesn't it sound WEIRD! she makes me feel like some degenerate as she stood above me with her arms crossed . . .i was humiliated.
I kept saying it was my federal right to revoke their ACH debt rights. I used NACHA, which she informed me i was incorrectly using. . .
Even Jack from the banking commission told me i had to just go down every day and dispute it . . .and pay the NSF fees . . everyday and he didn't care that I was going to loose my job having to take off everyday, he was very sorry, he knew it was frustrating . . geez . .