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Need Help with Payday loan yes and First National Services

Date: Mon, 12/15/2008 - 06:02

Submitted by ksmith
on Mon, 12/15/2008 - 06:02

Posts: 13 Credits: [Donate]

Total Replies: 25


Need help with this company. Got a loan for $350 on Sept. 4th.They took out three payments of 105 each. I paid them back a total of $315. I contacted them before my due date but after I closed my checking account and opened a new one. I'm located in South Carolina, by the way. I told them I would pay what I owe them by money order. They refused. They contacted me several times and I told them I would pay the difference when I got the chance, and I would let them know when that would be. I was told that if I didn't pay by the end of the month by pay would be garnished. I told them that was illegal in my state. She started yelling something about Don't tell me about the laws when you are commiting fraud. I hung up on her and sent her an email revoking any wage assignments and gave a copy to payroll dept. and explained to them all that had been going on. I got a call from Robert Lewis from First National Services Friday. Saying that I was forcing his hand to contact my states Attorney General and Sherrif's dept. My question is, should I ignore the call. What can they do from here? What else do I need to do?


paydayloanyes is a illegal bottomfeeder pdl.those threats are nothing but hot air.i would file AG,FTC,and BBB complaints asap.i wouldn't talk to them until the complaints are filed.just in case you might want to get a wage assignment revocation letter to your HR or payroll person.this is just to cover all bases.


lrhall41

Submitted by paulmergel on Mon, 12/15/2008 - 06:10

( Posts: 15514 | Credits: )


First National Services is the "collection" department of Global Payday Loan, LLC. They are the U.S. front for Payday-Loan-Yes which is out of the Bahamas.

Global Payday Loan, LLC
4001 South 700 East #500
Salt Lake City, UT 84107

Phone: 888-227-4638
800-550-6051
Fax: 800-887-9284

Global Payday Loan has an Unsatisfactory rating with the Better Business Bureau, and there is a long list of complaints that have been filed against them.


lrhall41

Submitted by rebsoto on Tue, 01/06/2009 - 19:48

( Posts: 69 | Credits: )


Does anyone know what the rules are if a payday loan company in Utah is NOT registered as a consumer lender with the Utah Division of Financial Institutions?


lrhall41

Submitted by rebsoto on Fri, 01/09/2009 - 19:14

( Posts: 69 | Credits: )


Hi rebsoto,

Here are he law's for CA, A lender must be licensed and they must follow CA laws:
[quote]
Quote:
California State Information

Legal Status: Legal

Citation:
Cal. Fin. Code ???????? 23000 to 23106

Loan Terms:
Maximum Loan Amount: $300
Loan Term: Max: 31 days
Maximum Finance Rate and Fees: 15% of check
Finance Charge for 14-day $100 loan: $17.65
apr for 14-day $100 loan: 459%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: None (cannot charge fee for extension)
Cooling-off Period: None
Repayment Plan: Voluntary (no fees may be charged in conjunction with payment plan)

Collection Limits:
Collection Fees: $15 NSF fee
Criminal Action: Prohibited

Where to Complain, Get Information:
Regulator: California Department of Corporations
Address: Financial Services Division, 1515 K Street, Suite 200 Sacramento CA 95814
Phone: (866) 275-2677
Fax:
Regulatory Contact: ,


No Emails, but this is posted on the DFI's website:

WHO IS REQUIRED TO OBTAIN A LICENSE TO ENGAGE IN THE BUSINESS OF DEFERRED DEPOSIT TRANSACTIONS?

Any person that offers, originates or makes a deferred deposit transaction, arranges a deferred deposit for a deferred deposit originator, acts as an agent for a deferred deposit originator, or assists a deferred deposit originator in the origination of a deferred deposit is required to obtain a license from the Department of Corporations

I AM LOCATED IN CALIFORNIA PLANNING TO ENGAGE IN THE BUSINESS OF MAKING DEFERRED DEPOSIT TRANSACTIONS OVER THE INTERNET ONLY TO RESIDENTS IN OTHER STATES. AM I REQUIRED TO OBTAIN A LICENSE FROM THE DEPARTMENT.OF CORPORATIONS UNDER THE CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW?

Yes.

I AM NOT LOCATED IN CALIFORNIA PLANNING TO ENGAGE IN THE BUSINESS OF MAKING DEFERRED DEPOSIT TRANSACTIONS OVER THE INTERNET TO RESIDENTS IN CALIFORNIA AND TO RESIDENTS IN OTHER STATES. AM I REQUIRED TO OBTAIN A LICENSE FROM THE DEPARTMENT OF CORPORATIONS UNDER THE CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW.

Yes.

ARE THERE LIMITATIONS ON A DEFERRED DEPOSIT TRANSACTION?

Yes. The face amount of the customer's personal check or the electronic equivalent of the customer's personal check may not exceed $300 and the fee charged may not be more than 15% of the face amount of the check.

ARE THERE LIMITATIONS ON THE FEES THAT MAY BE CHARGED IN RELATION TO A DEFERRED DEPOSIT TRANSACTION?

Yes. The fee may not exceed 15% of the face amount of the check. A single fee not to exceed $15 may be charged for a returned check. No additional fees may be added for late payments or returned checks.

ARE THERE LIMITATIONS ON THE NUMBER OF DEFERRED DEPOIST TRANSACTIONS A LICENSEE MAY MAKE TO A CUSTOMER IN A 12-MONTH PERIOD?

No. There are no limits on the number of deferred deposit transactions a licensee may make to a customer in a 12-month period. A licensee cannot make a new deferred deposit transaction during the period an earlier deferred deposit transaction is in effect for the same customer and the proceeds of a new deferred deposit transaction may not be used to pay off an existing deferred deposit transaction from the same licensee.

IS A LICENSEE ALLOWED TO MAKE A NEW DEFERRED DEPOSIT TRANSACTION TO A CUSTOMER THAT HAS AN EARLIER DEFERRED DEPOSIT TRANSACTION THAT IS IN EFFECT FROM ANOTHER LOCATION OF THE SAME LICENSEE.

No. Licensees with multiple locations cannot enter into a deferred deposit transaction with a customer during the period an earlier deferred deposit transaction is in effect for the same customer at any of the licensee's locations.

CAN A LICENSEE USE A CUSTOMER'S PERSONAL CHECK OR THE CUSTOMER'S ELECTRONIC EQUIVALENT OF A PERSONAL CHECK RECEIVED FROM A PREVIOUS DEFERRED DEPOSIT TRANSACTION FOR A NEW DEFERRED DEPOSIT TRANSACTION?

No. A licensee is not permitted to accept or use a customer's personal check or a customer's electronic equivalent of a personal check received from a previous deferred deposit transaction for a new deferred deposit transaction.

CAN A LICENSEE ACCEPT COLLATERAL IN CONJUNCTION WITH A DEFERRED DEPOSIT TRANSACTION?

No.

IS A LICENSEE ALLOWED TO MAKE THE DEFERRED DEPOSIT TRANSACTION CONTINGENT ON THE PURCHASE OF OTHER SERVICES OR PRODUCTS?

No.

ARE THERE ANY SPECIAL REQUIREMENTS FOR A LICENSEE THAT MAKES A DEFERRED DEPOSIT TRANSACTION TO A NON-ENGLISH SPEAKING PERSON?

Yes. The written agreement must be written in the same language principally used in the oral discussions or negotiations leading to the execution of the deferred deposit agreement and must be in at least 10-point bold type.

IS A LICENSEE ALLOWED TO EXTEND THE DUE DATE OF AN OUTSTANDING DEFERRED DEPOSIT TRANSACTION OR ALLOW THE CUSTOMER TO MAKE PAYMENTS ON AN OUTSTANDING DEFERRED DEPOSIT TRANSACTION?

Yes, though the licensee is not required to extend the due date or enter into an agreement to allow the customer to make payments on an outstanding deferred deposit transaction.

WHAT ARE THE FEES A LICENSEE MAY CHARGE IN CONNECTION WITH EXTENSIONS AND PAYMENT PLANS GRANTED FOR REPAYMENT OF OUTSTANDING DEFERRED DEPOSIT TRANSACTIONS?

A licensee may allow an extension of time to repay an outstanding deferred deposit transaction or a payment plan, but may not charge any additional fees or charges of any kind in conjunction with the extension or payment plan.

IS A LICENSEE PERMITTED TO DEBIT A BORROWER'S BANK ACCOUNT ELECTRONICALLY USING ACH TRANSFERS ON MULTIPLE DAYS FOR VARYING AMOUNTS TO COLLECT A DELINQUENT ACCOUNT WITHOUT THE BORROWER'S AUTHORIZATION?

No. The agreement or an addendum to the agreement must specify the days and amounts the licensee is authorized to debit the borrower's bank account electronically using ACH transfers to collect delinquent accounts. Any addendums to the agreement authorizing the licensee to debit the borrower's bank account electronically to collect overdue accounts must be in writing signed by the borrower, by fax with the borrower's signature or electronically authorized by the borrower over the Internet. The written agreement should cover the manner in which a customer's check will be deposited and the specific date of deposit. For example, when the licensee elects to deposit a personal chck by electronic means, the written agreement should specify that the licensee electronically deposits the customer's check and the specific date. If the licensee wishes to deposit the check either manually or electronically when there are insufficient funds in the customer's account, the written agreement should also specify the method and date of depositing the check under those circumstances. The written agreement should cover the manner in which a customer's check will be deposited and the specific date of deposit. For example, when the licensee elects to deposit a personal check by electronic means, the written agreement should specify that the licensee electronically deposits the customer's check and the specific date. If the licensee wishes to deposit the check either manually or electronically when there are insufficient funds in the customer's account, the written agreement should also specify the method and date of depositing the check under those circumstances.

CAN A CUSTOMER BE CRIMINALLY PROSECUTED FOR FAILING TO REPAY A DEFERRED DEPOSIT TRANSACTION?

No. A customer cannot be criminally prosecuted or threatened with criminal prosecution to collect a delinquent deferred deposit transaction.

What Does this mean?

Internet based companies must be licensed by CA to lend legally.

Fees may not exceed 15% of the face value of the check.

No Rollovers are allowed.
[/quote]


lrhall41

Submitted by dawnlango7 on Sat, 01/10/2009 - 09:38

( Posts: 1147 | Credits: )


Thanks for all the information. I already knew about the California payday loan law/statute. I'm trying to find out if Payday Loans Yes, located in Utah, but not legally licensed in either Utah or California, can sue for monies they think I owe them. My original loan with them was for $350 and I have paid them a total of $420. When I found out about the California law I closed my bank account so that Payday Loan Yes could not take any additional funds from my account. As near as I can tell, the loan is illegal in California but is legal in Utah. So, what I want to know is who has jurisdiction on this? I live in California.


lrhall41

Submitted by rebsoto on Sat, 01/10/2009 - 12:10

( Posts: 69 | Credits: )


Here is some info I've received on PDL Yes/First Nat'l Services/Global Payday.
It appears that they are not located in Utah any more.
First Nat'l services is located in the Tri State Mall in Delaware. I had this confirmed by their leasing person.

The following is an email I rec'd from Utah:
Global Payday Loan LLC was registered as a payday lender in Utah two years ago. They voluntarily left the internet payday loan arena. They also operated another DBA as Cash Net 500.

Global Payday LLC was authorized by the Utah Department of Financial Institutions to offer internet payday loans only to Utah residents. Global Payday was not authorized to make internet payday loans to citizens of other states based on their Utah registration.

To the best of my knowledge they do not offer loans to Utah citizens since they surrendered their registration two years ago.

Jerry Jaramillo
Supervisor of Savings & Loans and Trusts
Utah Department of Financial Institutions

I hope this info helps.


lrhall41

Submitted by kak213 on Mon, 01/12/2009 - 10:48

( Posts: 91 | Credits: )


Thanks, Jerry. I thought I'd post the additional information regarding Payday-Loan-Yes and Global Payday Loan LLC:

Neither one of these companies are registered as a payday lender in Utah. The Utah address you detailed in your compliant is simply a virtual office/mail drop location.

You state you have contacted the Federal Trade Commission and the Utah Better Business Bureau. When a lender collects on their own loans, they are not subject to the Fair Debt Collection Practices Act. Because the companies do not have a physical location in Utah, there is little the Better Business Bureau can do.

Consumer loan laws are written by state legislatures to protect their citizens. The California Banking Dept has jurisdiction and authority over a lender and a California resident.


lrhall41

Submitted by rebsoto on Fri, 01/16/2009 - 18:59

( Posts: 69 | Credits: )


Payday-Loan-Yes called my office again today. The number they left is 800-654-7444. A search on this number on the Better Business Bureau turns up 3 locations: Elkins Park, PA (Cash Net), Wilmington, DE (Global Financial), and Global Payday Loan (Salt Lake City, UT).

I had sent my Do Not Call Letters to the Utah address and will try the Delaware address instead.


lrhall41

Submitted by rebsoto on Fri, 01/16/2009 - 19:11

( Posts: 69 | Credits: )


ANYONE KNOW THE LAWS IN TX? I AM FROM TX AND GOT TWO LOANS, ONE FROM PAYDAY YES AND PAYDAY LOAN YES WHICH I DEFAULTED UNEXPECTEDLY. PAYDAY LOAN YES DEDUCTED THEIR MONEY FROM MY ACCT WHICH I HAD PUT A STOPPYMT ON THEIR ELECTRONIC WITHDRAWAL. THEY CAME IN AND WITHDREW IT WITH A MANUAL CHECK, I AM SO PISSED!


lrhall41

Submitted by on Mon, 01/19/2009 - 15:40

( Posts: | Credits: )


I've sent several letters to the Payday Loan Yes Utah address, one of them Certified Return Receipt, and none of them have been returned to me. Wouldn't the post office send them back to me if the address was no longer valid? Also, the Better Business Bureau still lists it.


lrhall41

Submitted by rebsoto on Mon, 01/19/2009 - 16:31

( Posts: 69 | Credits: )


Well, my Certified Letter to Global Payday Loan aka Payday-Loan-Yes at the Utah address was finally returned to me by the post office. It's marked "Not Known". I'll send the same letter to Delaware and see what happens.


lrhall41

Submitted by rebsoto on Sun, 01/25/2009 - 12:09

( Posts: 69 | Credits: )


I treid getting a loan from easy loan services ( walter Van Jefferson.) it is a scam never deal with them. I paid my tranfer funds and he wanted more money for other things by the time I added all the extra costs up it was half my loan. And now he is not returning my transfer funds when he didn't use them to trandfer funds. He is a rip off.


lrhall41

Submitted by on Fri, 01/30/2009 - 11:02

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I treid getting a loan from easy loan services ( walter Van Jefferson.) it is a scam never deal with them. I paid my tranfer funds and he wanted more money for other things by the time I added all the extra costs up it was half my loan. And now he is not returning my transfer funds when he didn't use them to trandfer funds. He is a rip off.


lrhall41

Submitted by on Fri, 01/30/2009 - 11:02

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the only way to stop them is to close your current account and open a new one.stop payments don't work as they can and will change amounts,co names,and even put through a paper check.closing your account is the only true way to stop them from taking any more of your money.


lrhall41

Submitted by paulmergel on Thu, 02/26/2009 - 10:09

( Posts: 15514 | Credits: )


I feel behind on my payments and they tried to withdraw money causing plenty of overdrafts and ultimately got 450.00 and then i made a payment arrangement/settlement agreement with them for 135.00 to be taken from a visa on 2/.28 since they said they couldn't pull from my original acct. well...needless to say...they tried pulling on 2/27 and caused me 90.00 of overdraft fees. I called and the guy called me a liar and lots of other things...I filed with BBB, but had a little trouble because I didn't know an address or zip code. Does anyone know the laws of Nevada...thanks so much!


lrhall41

Submitted by on Tue, 03/03/2009 - 11:47

( Posts: | Credits: )


you must have received a call from the same guy that spoke to me. A guy named Robert send a text to my friends saying I was under investigation for fraud. He asked when I was going to pay back the money I "stole" and I told him I was going to report them to the Attorney General and he said "Screw the attorney general", but he said it more severe words.

They are harassing and said they were going to call my employer. I faxed over a C&D to the lady that left me that message and now I dare them to call me again. They are illegal and couldnt and wouldn't provide me with a license number or their address.


lrhall41

Submitted by JDrager79 on Tue, 03/03/2009 - 19:00

( Posts: 16 | Credits: )


They called me yesterday saying I owed $700+ on a $400 loan and said they would settle it for $520, Today I received a call saying they would take it to court and be a cost of up to $3-4,000 for the lawyer and they would garnish the check up to 40%. I live in TENNESSEE.


lrhall41

Submitted by on Wed, 07/22/2009 - 17:45

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Yep, they are crooks from the word go. They are illegal and cannot give loans to people in certain states. They took 730 dollars out of my account and made their own check up, which is fraud and not following rules. They were unauthorized to withdraw any monies of of my account.


lrhall41

Submitted by on Thu, 08/19/2010 - 19:37

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