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What should I expect after this behavior I am seeing?

Date: Sat, 09/01/2012 - 19:50

Submitted by sljohnson3
on Sat, 09/01/2012 - 19:50

Posts: 21 Credits: [Donate]

Total Replies: 23


This site has been amazing! I was actually able to take my daughter shopping for school clothes because I actually had money this time! However, before I saw this site and started taking care of business, I compounded my pdl problem with yet another mistake before I saw this site and wised up.. I took out a $3000 installment loan with the Cash Store in Wisconsin (at 520%) I know, stupid yet again right? Anyway, I made one payment to them before I had to shut down my checking account due to unauthorized transactions. Since I was on ACH with them, I called them ahead of time to ask for an extension because even though I had already done ACH revocations on all of my pdl's 4 still tried to post the payments anyway, leaving me with a mess. I called the store and told the lady my checking account was closed and why. I asked for an extension on my payment that was due in a couple of days. The lady said I had to pay the interest to extend me for a couple of weeks and tried to get me to come into the store. I didn't have the money, which was why I was trying to work with her re other options. The ACH they tried to put through came back unpaid. (of course it did, which was why I tried to work with her AHEAD OF TIME!) Then I started getting the daily phone calls. I sent a letter asking for an extended payment plan and told them what I could pay and when in order to pay off the principal. I got a letter saying they had gotten my letter but I needed to call them. Then the 3 times a day calls started. I finally called picked up the phone to deal with it. They said that since I was in default my file could be pulled by corporate at any time. (Why is that such a big deal? I have been through worse things than that!) I told them that their interest rate was outrageous and couldn't we knock it down? I had already filed a complaint with our state's Attorney General's Office. I told the contact person there what the interest rate was on this loan and I could hear her gasping over the phone line. Our statutory limit is 12%. The Cash Store's latest letter said that since I was in default, I either had to pay $3900 or $1049 interest. That is after 6 weeks and one repayment already of $662! What is the big deal with trying to get me into the store? I figure they don't wnat to work with me.. Anyone with any experience with them?

I also included Cashcall in my complaint to the Minnesota Attorney General's Office. I wasn't even late yet, but withdrew my ACH authorization because I had closed my account. I asked for an address to send my payments to in the meantime. I thought I was being responsible because I still owe on the principal. They then started calling me multiple times a day as soon as I withdrew my ACH authorization. After a snotty call saying, "I guess you're ignoring our phone calls," I got ticked and then questioned their high interest rate and I got my loan document copies in the mail, saying they were tribal and I knew that when I signed the loan docs with Western Sky (which then got sold to them 3 days later) yada, yada. What is up with them? I got ticked because I had paid timely since I got the loan and then they started getting in my face when I withdrew my ACH authorization! What is up with that?


They are ticked at you because you turned off the spigot of instant money (ACH access). Good for you! One word of caution: installment loans are funded by banks and in most cases (depending on the state) are legal. Be more careful with an installment loan, as the rules are different than PDL's.
As for Cash Call, it sounds like its days could poss be numbered. I posted a link that I got in my email yesterday about a pending class action suit against them in California. If I hear more, I'll pass it along.


lrhall41

Submitted by kscornell on Sat, 09/01/2012 - 20:08

( Posts: 4407 | Credits: )


With regards to the cash store, you better verify with your state regulator that the loan is illegal and you truly owe only principal. The regulator may tell you to treat the loan as if interest is at the statutory max (i.e. only pay the company at 12 percent interest) You better be careful with them since they have a presence in your state.


lrhall41

Submitted by waffles on Sat, 09/01/2012 - 20:14

( Posts: 1697 | Credits: )


Your point is very well taken and I appreciate it.. I did check our Department of Commerce website and we have separate sections, one for regulated lenders, one for payday lenders, and one for institutional thrift institutions, that you can do a search on to see if they are licensed in Minnesota or not. The Cash Store is licensed in Wisconsin, and several other states, but not in Minnesota. If the least that happens is that they lower the interest rate, I can live with that!

We were in such bad shape, we had to do something!


lrhall41

Submitted by sljohnson3 on Sat, 09/01/2012 - 20:19

( Posts: 21 | Credits: )


Thanks to this site, I knew I had to be careful about those places backed by banks. The Cash Store is a DBA of Cottonwood Financial, LLC, headquartered in Irving, TX. Does this make a difference?


lrhall41

Submitted by sljohnson3 on Sat, 09/01/2012 - 20:25

( Posts: 21 | Credits: )


This is "cashstore.com" right? If so, I'm not even seeing that they have locations in your state. Like I said I can't stress this more - call your state regulator and speak to a human. Going on the website is not enough. For example a few weeks ago someone looked up whether or not CashCall was licensed in a state - they couldn't find them on the search. It turned out they only came up when you typed in "CashCall" as one word rather than two and the person was treating it like an illegal loan when it wasn't. You really really should be asking your state regulator.. when there's a storefront presence for a lender you need to take extra steps.


lrhall41

Submitted by waffles on Sat, 09/01/2012 - 20:26

( Posts: 1697 | Credits: )


You got it exactly right, it is www.thecashstore.com. I told the Attorney General's Office contact that they were located in Hudson, Wisconsin, which is just across the river from Minnesota. They were the ones that encouraged me to file the complaint as she said that they want to be aware of this type of activity going on.

As I noted in my earlier post, they are a DBA of Cottonwood Financial, LLC in Irving, TX.


lrhall41

Submitted by sljohnson3 on Sat, 09/01/2012 - 20:36

( Posts: 21 | Credits: )


Hmm.. the others may disagree with me but I'd play it safe if I were you. I would call your state AG and ask how they want you to treat the loan. I only say this because it was a storefront loan. The AG may say to pay 12 percent interest to them back (you'd owe the conpany 3360) or they might say to pay what you borrowed only. I just would feel a lot better if you seek guidance from them first.


lrhall41

Submitted by waffles on Sun, 09/02/2012 - 09:04

( Posts: 1697 | Credits: )


I feel that since the lender is licensed in Wisconsin, has a storefront in Wisconsin and you actually drove there to take out the loan, you are probably subject to Wisconsin law in this. I would say whatever interest rate is legal in Wisconsin would apply here.
With that being said, it would behoove you to start getting the balance down ASAP as lenders with a license to do business in a state can very quickly take you to court. I would propose a payment plan to them and if they say they don't accept payment plans, send them what you can afford anyway. If they cash your money orders, they accept payment plans.


lrhall41

Submitted by kscornell on Sun, 09/02/2012 - 09:35

( Posts: 4407 | Credits: )


But she is a resident of Minnesota and it seems "cash store" does not even officially offer loans to Minnesotans. It looks like, to me at least, they took a risk thinking the OP would just pay it back according to their BS payment schedules and they were wrong. Like I said, if this were me I'd be seeking guidance from the MINNESOTA state regulator.


lrhall41

Submitted by waffles on Sun, 09/02/2012 - 11:05

( Posts: 1697 | Credits: )


I did propose a payment plan to them, telling them when and how much I could pay as I felt that at a minimum, I owed the principal (I wouldn't even have a problem with interest at 12%). I asked if my payment plan was acceptable to them. By their responses, they acted like I hadn't even proposed the payment plan, just said to contact them. When I asked them about an extended payment plan, again they just said what can you pay on Friday and come in for an appointment. They also said since I was in default, corporate could ask for my file at any time. Here is the statute the Attorney General's Office referred to when I spoke with them.
[FONT=TimesNewRomanPS-BoldMT-Identity]
[LEFT]48.153 INSTALLMENT LOANS; FINANCE CHARGES; MINIMUM CHARGES.[/LEFT]
[/FONT][FONT=TimesNewRomanPSMT-Identity-H][LEFT]Subdivision 1. [Repealed, 1982 c 494 s 5]
Subd. 1a. [/FONT]Authorized rate of interest charged by banks or banking associations. A bank
organized under the laws of this state, or a national banking association doing business in this
state, making a loan of money not exceeding $35,000 repayable in installments, may charge, at the
time the loan is made, a rate of interest upon the unpaid principal balance of the amount financed
of 12 percent a year, or the rate of interest authorized by section 48.195, whichever is greater. If
the rate of interest charged is permitted by section 48.195 at the time the loan is made, the rate
does not later become usurious because of a fluctuation in the federal discount rate.
Subd. 2.
Terms of bank loans. [FONT=TimesNewRomanPSMT-Identity-H]Installment payments on loans made pursuant to this section
by a bank or national banking association shall not extend beyond a period of 12 years and 32
days from the date of the loan. The loan may be secured by a mortgage, pledge, or other collateral.
Subd. 3. [Repealed, 1982 c 494 s 5]
Subd. 3a. [/FONT]Authorized rate of interest charged by savings banks or associations. A
savings bank organized under chapter 50, a savings association subject to the provisions of
sections 51A.01 to 51A.57, or a savings association chartered under the laws of the United States,
that has its principal place of business in this state, may make a loan for consumer purposes to a
natural person in an amount not exceeding $25,000 repayable in installments, and may charge a
rate of interest upon the unpaid principal balance of the amount financed of 12 percent a year,
or the rate of interest authorized by section 48.195, whichever is greater. If the rate of interest
charged is permitted by section 48.195 at the time the loan is made, the rate does not later become
usurious because of a fluctuation in the federal discount rate.
Subd. 4.
Terms of savings association loans. Installment payments on loans made pursuant
to this section by a savings bank, a savings association subject to the provisions of sections
51A.01 to 51A.57, or a savings association chartered under the laws of the United States shall
not extend beyond a period of 12 years and 32 days from the date of the loan. The loan may be
secured by a mortgage, pledge, or other collateral.
Subd. 5.
Charges. [FONT=TimesNewRomanPSMT-Identity-H]Charges in reference to installment loans under this section shall be
computed and collected only on the unpaid principal balance of the amount financed actually
outstanding. One day's finance charge means an amount equal to 1/365 of the per annum rate
provided for in an installment loan. If the total finance charge determined on an installment loan,
single payment or demand loan shall be less than $10 the amount charged may nevertheless be
$10. No loan shall be made pursuant to this section if over 50 percent of the proceeds of the loan
are used to finance the purchase of a borrower's primary residence other than a manufactured
home.[/LEFT]
[/FONT]


lrhall41

Submitted by sljohnson3 on Sun, 09/02/2012 - 12:33

( Posts: 21 | Credits: )


I know I owe, but plan to get guidance regarding my complaint from the Attorney General's Office first so I know what exactly I am obligated legally to do. I had already calculated the interest at 12%, divided it by 6 (as it was a six month installment loan) meaning monthly payments at $560 or biweekly at $280. That sure beats the $661.82/biweekly per the loan documents. I have already paid one payment of $661.82 while I was dealing with the fallout from the other pdl's. I also plan to make another $200 payment this week. I can do that with no problem and I figured that I can't be accused of making no effort whatsoever to pay on this. The rep at the store said that interest was no longer accruing on this loan (which is different than one of the letters I got from them saying interest was accruing at $47/day). I think that was meant to scare me and get me to cough up cash. After surviving cancer twice, not too much scares me any more.


lrhall41

Submitted by sljohnson3 on Sun, 09/02/2012 - 12:41

( Posts: 21 | Credits: )


Hmm. I think I'm on the other side as well. You sought out the loan by leaving your state and going to another state to a storefront location. I would think you'd be subject to the laws of the state where you obtained the loan since you physically went there.

For instance, if the law in PA says you can't drive and talk on your cell phone but the law in Ohio says you can talk on your cell phone while you drive, if I'm in PA, I'm subject to PA law, not Ohio law. So, if I get caught talking on my phone while driving, I'm getting a ticket, regardless of my state of residence.

Does that make sense?


lrhall41

Submitted by OhioGal1 on Tue, 09/04/2012 - 11:30

( Posts: 5253 | Credits: )


That makes sense because you're supposed to follow the law of that state while you're in that state. However, for example - if you got a parking ticket in Maryland and you live in Ohio, they cannot go after you to pay it. They can report it and destroy your credit, but you cannot go to jail or court as you are in your own state's jurisdiction.

It's a very sticky situation with this loan which is why I've suggested the OP reach out to the state regulator.


lrhall41

Submitted by waffles on Tue, 09/04/2012 - 12:58

( Posts: 1697 | Credits: )


I almost did the unthink-able and took a payday loan from some group out of Delaware! (The interest rate 400% or some asinine rate...)

I finally wised up, decided not to do it!

I get paid next week, I am literally emptying all the change jars until then!

I did have "installment loans" with First Delaware and Elastic (Urban Trust) and I could not pay either! (That was about year ago...). Revoked the ACH's, and my credit union worked with me!

I changed my cell phone number more than once, due to bill collectors. I sent the letters "that said don't call me or bother me,etc) Cease and Desist letters, I think they are called! And surprise it worked! I recieved a few collection letters, but no calls!

I am slowly recovering from my poor choices, (or as I say honestly stupidity), and paying off what I can!


lrhall41

Submitted by barbara.perry on Tue, 09/04/2012 - 17:38

( Posts: 16 | Credits: )


From your emails, I think you want to take care of things the right way, and my hat is off to you. The only question on the table is this: should you pay back this loan (definately on YOUR TERMS) at WI or MN interest rates?
Usually when we have this discussion, community members have taken out loans from an Indian reservation or an off-shore country, so saying they fall under their laws is ridiculous when they never set foot in their country.


lrhall41

Submitted by kscornell on Tue, 09/04/2012 - 18:08

( Posts: 4407 | Credits: )


Update on the Cash Store... Thanks to this site (again!) I knew that giving in to the local store's continued requests to come to the office for an "appointment" was the worst thing to do. ( I knew they would try to talk me into refinancing... call me stupid once, not twice, but even I knew that was NOT the way to go, not at 520% interest) and I sure didn't have $1049 to throw away just to bring me current with nothing to show for it! I told the lady there that paying $1049 in interest was just ridiculous and again asked for a payment plan. The local store kept telling me that the corporate office could call for my file at any time, so it was best if I came in for an appointment.. (Best for whom?). People on this site noted that they got better results once their file did go to the corporate office. I was waiting to hear from the Attorney General's Office anyway, so I had nothing but a little time to kill as they typically take about 10 days to respond to a complaint and I left them a nice little package! The corporate office did start calling me the Tuesday after I didn't show up for my Friday appointment at the local store ( I made my house and car payments that day instead! I even celebrated my birthday at an inexpensive restaurant.) The corporate office lady let me commit to putting down a little bit on my next payday to keep it in the corporate office and them off of my back. She and said that then we will revisit what is a reasonable amount to pay each month and within my budget to get this paid off. I told her that interest and fees weren't going to keep accruing correct? She said she was freezing any further charges. The kicker is, the balance that got sent to them (even if you included interest on the original principal amount, (and I did the math)) is within the limits set by MINNESOTA law.. Yeha!!! The AG will weigh in though, if I have further problems.. They provided me with a contact person.


lrhall41

Submitted by sljohnson3 on Sat, 09/15/2012 - 14:30

( Posts: 21 | Credits: )