Internet Payday Loans in Florida
Date: Fri, 01/02/2009 - 09:29
I have been reading this forum for a while now and think I need to join the many people, looking for help with payday loan problems.
I live in Florida and have 3 Internet based loans I already started to fight, but need some more help with.
1. Eastside Lenders
original loan amount: $600 / already paid: $1,831.25
Send them a letter, claiming their loan was illegal in Florida and demanding to get the overpaid funds returned.
They aknowleged the receipt and keep sending me automated e-mails, stating that they operate under Delaware law, claiming their operation was legal and I still owe them; $250 plus fees....
2. EZPayDayCash
original loan amount: $400 / already paid: $1,070.00
same here, but from Utah
3. PayDayMax.com
original loan amount: $500 / already paid: $504.16
was able to get a physical mailing address in Canada and mailed my letter on 12/31 per registered mail, offering even to pay another $50.84 to fulfill my obligations.
Haven't heard anything yet, but assume I will in a few days.
My bank account has been closed as of 12-26 already and for all 3 lenders I used parts of your sample letters from this site, demanding to stop contacting me, revoking ACH debit, etc.
I am keeping track of all written statements and refuse to take any phone calls.
Guess I am looking for some more advice on how to proceed from here. Any help would be greatly appreciated!
:roll:
Hi Marion, I looks like you have most of your bases covered,
Hi Marion,
I looks like you have most of your bases covered, I am going to post a little additional info that might help you out. You have already taken care of the most important parts, this will just give you a little extra help.
Quote:
What should you do? Close your account asap, if you are unable to close your account, go into your bank and ask to speak with the Branch Manager, tell him/her you need a hard debit block placed on your account immediately! Explain that you are revoking ACH authorizations from unlicensed/illegal companies, and have learned these companies are notorious for ignoring revocation, therefore it is important to BLOCK any withdrawal attempts on your account to protect your interest. This is your privilege, do not accept no for an answer. The following link will provide you important information regarding closing accounts. CLICK HERE What next? AFTER your account is secure send each pdl (the unlicensed and illegal) an email similar to THIS (please scroll down to locate letter template). Tailor this letter to your needs, and try to write it with the same basic concept in your own words. You will need to research and locate email addresses/physical addresses if you don't already have them, I suggest that you type the name of the pdl (example: "oneclickcash address") in the search box in the upper right hand corner of this forum. You may also search for addresses HERE at the Better Business Bureau. File complaints: Most of the time, you can file a complaint online with the following, I encourage you to follow through with doing so, you will need to search the Internet for your state Attorney General's website, however, here are links to file complaints for the FTC, Online complaints: Federal Trade Commission., and the BETTER BUSINESS BUREAU. Keep in mind that you may not receive a response for days, or even weeks, or, you may receive harassing and threatening phone calls. I have found the best way to deal with this is not to respond or reply, simply hang up. Side note: If you have paid an illegal/unlicensed payday lender above and beyond the principal amount you borrowed, it might be a good idea to demand a refund and a paid in full letter/receipt. You may or may not get one or both. It still doesn't hurt to include that tidbit in your letter. |
Hi dawnlango7, thank you much for your quick response! If
Hi dawnlango7,
thank you much for your quick response!
If I understand you right, my next step would be to file the complaints with the AG's Office, the FTC, and the Florida Office of Financial Regulations.
Do I have to notify the lenders (Eastside Lenders and EZPayDayCash) once I filed the complaints?
I already adviced them that I would file those complaints if they don't mark my accounts as PID and refund my overpaid funds....
Thanks for your help!
No, you can just file. They will hear from the BBB soon after t
No, you can just file. They will hear from the BBB soon after that anyway...
Your very welcome, please let me know if you have any other questions :D
HELP WITH PDL'S IN FLORIDA
I took out a few loans from the internet and I got really behind. BIG is a loan company based in London. I owe them 115.00 and I dont have a bank account due to fraud and these pdl's. Can they garnish my wages from there for $115.00? And are they a real company? I have a few more and I am setting up payment plans, but they only want a bank account and I will not get another, and they are from DE. I have requested a copy of the contract they said I signed, but they will not give me one. How can I get a copy? Any and all help will be great.. thank you so much
Thanks again dawnlango7! Just got home from work and will get b
Thanks again dawnlango7!
Just got home from work and will get busy tomorrow to file all the complaints I can..
Countrybrat, I'm sorry I can't help you very much at this point.
Please create a "new Topic" and repost, so someone who knows more than I, can help you...
Most of these types of debt collectors run their companies out o
Most of these types of debt collectors run their companies out of Canada or other countries because it is very difficult for lawyers and state/govt agencies to go after them, I believe it is called a Hage act? (not sure on spelling). But continue to report them, their whereabouts and just be persistant. Sounds like you have everything in writing and records you paid. Continue to follow up with Cease and Desist letters and what comes after that to close the loop on your end. Problem usually is they will get tired or bored because you have asserted yourself and they will sell your account to the next bottom feeder. Just be ready for another possible round with new people in about 6 months (that has been my experience anyway). Best of luck to you......you have done your homework......GO GET 'EM (SMILE).
Today was my first payday without making any payments to payday
Today was my first payday without making any payments to payday lenders in a long time.... Feels pretty good and makes it seem like there is some light at the end of the tunnel..
Provided my employer with copies of the letters I sent those lenders and was assured that I don't have to worry about having money taken out of my paychecks without court orders, or any information given out to anyone about my employment.
Also filed electronic complaints with BBB, FTC and the DA's Office in regards to East Side Lenders. The complaint with the Office of Financial Regulations is also ready and will be mailed later today.
Will do the same with EZPayDayCash and Pay Day Max if I don't hear from them within the next week.
Guess I did my homework... But I was only able to do it with the help of this site - reading through many, many posts, advices and other suggestions!
Thanks again to everyone here who is helping others!
Just a little update: East Side Lenders and EZPayDayCash have b
Just a little update:
East Side Lenders and EZPayDayCash have blocked my account access to their webpage......
Pay Day Max lets me log into my account, but has the note:
"Please Contact Custumer Service" right on top....
Whishing a great weekend to everyone here!
Eastside Lenders...
Hi Marion N...just wanted to check with you, I am sending Eastside Lenders a letter tomorrow, I have paid them $1700+ for a $600 loan (makes me sick to even say that outloud!!). I am so afraid to start this battle with them...I am too ashamed to go to my HR dept. to tell them about it, and I cannot close my checking account becasue I have a second account open with my sister cause we have a home party business together. I would just die if I closed my account and then they were able to get to that account cause my name is on it.
Anyway....just wanted to check with you about Eastside, so they stopped withdrawls once they got your letter?
Hi kellyschrodi, I guess I'm sicker than you... I paid them $18
Hi kellyschrodi,
I guess I'm sicker than you... I paid them $1831 for a $600 loan and they claim that I still owe them $250....
To answer your question: I did close my account before I send them the C&D letter... They answered my letter with an e-mail, stating that they were legal in DE, bla bla bla.
I then replied to their e-mail with another C&D letter, urging them to provide me with their FL license of either Chapter 560 or Chapter 516 to negotiate, but if they cannot provide me with a valid FL license, to refund all overpaid fund immedeately.
The replied with the very same e-mail they send me the first time. So I went ahead and started filing my complaints....
We'll see what will happen next...
In regards to your concerns about your checking accounts, they can only auto debit an account which they know about!
If you can close the one they are using, you don't have to worry about the other one. (unless they know its acct #)
You also have the option to speak to a manager of your bank and find out what your bank can do to stop them from debiting your account in the future....
Whising you good luck with your case! Maybe we can keep each other updated on how things are going with Eastside?
Alright, I guess I'm kind of "stuck" with East Side Lenders and
Alright, I guess I'm kind of "stuck" with East Side Lenders and could use a little more advice on how to proceed next...
Mailed them my initial letter and received the automated e-mail about their Delaware laws as response.
Replied per e-mail requesting to be provided with their FL license # of either Chapter 560 or Chapter 516, included most of my first letter and "threatened again to file complaints.
Received the same e-mail response from them, making the point about the Delaware license, etc.
Filed complaints with the BBB, which was already forwarded to East Side Lenders, filed complaints with the FTC, the DA's Office and the FL Office of Financial Regulation.
Received a "complaint received" e-mail from FTC and havent heard back form the other 2 unstitutions yet.
Yesterday I got an auto-e-mail from Eastside stating that my payment was returned and today I received another one of the auto-e-mails regarding the Delaware laws...
Do they only have one single auto reply e-mail they send??
This ignorance is starting to get to me....
Does anyone have suggestions for me how to handle this further?
Funny thing is: those 3 same standard e-mails were all send from "Teri H."
and read as follow:
Dear Marion,
East Side Lenders is responding to your correspondence regarding the above-captioned account.
East Side Lenders, which is located in Delaware, is licensed by the State of Delaware to make small loans. All such loans are approved and funded in Delaware, with repayment to be made in Delaware. The East Side Lenders loan agreement and website contain all disclosures required by Delaware and federal law and make it clear that all transactions are governed by Delaware law. On the advice of counsel, East Side Lenders maintains that the choice of Delaware law as controlling in the loan documents would be upheld, as all of the significant contacts in the loan transaction occur in Delaware. The loan agreement is legal and enforceable. In responding to your correspondence, East Side Lenders notes and reserves all available legal and equitable objections to the points you have raised.
East Side Lenders provided this service as a convenience to you. We still consider your loan to be outstanding and are prepared to go to arbitration as provided for in the Loan Agreement between us. As an alternative, if you are experiencing financial hardship, we will be happy to speak to you about payment arrangements through which you can successfully meet your payment obligations. East Side Lenders will consider doing so because of our continuing commitment to servicing our customers and not because of a legal obligation to do so.
Should you have any further questions regarding this matter, if you wish to speak about payment arrangements, please contact us at (800) 689-5603.
Sincerely,
I guess you all have seen this e-mail before. Is anyone out there who can tell me what will come after this one?
Or how I should reply to it without calling Teri H. a complete imbecile???
And who is Centrinex?????
Any help or advice is greatly appreciated!
Thanks,
Maion
Customer Service
East Side Lenders
The sender's e-mail was cut short in my post. it reads: "Teri H
The sender's e-mail was cut short in my post.
it reads: "Teri H." from [email]Teri@centrinex.com[/email]
Does anyone know whi Centrinex is?
It is a call center that deals with collections for certain PDLs
It is a call center that deals with collections for certain PDLs.
They get a fee for dealing with the customer service issues.
marion, East Side Lenders will hound the crap out of you. They w
marion, East Side Lenders will hound the crap out of you. They will insist you owe them the money, blah, blah, blah. And as nohiogal posted, Centrinex is East Side Lenders! LOL! As posted, it's a call center for them. Same people, same thing. I got 8 million emails from Centrinex. Lord, they wouldn't leave me alone. The only way I got East Side Lenders off of me was through my state AG. And that took awhile, but they did it.
marion, you need help with the calls from these people? Is there
marion, you need help with the calls from these people? Is there any way you can convince them you no longer work at your place of employment? The only way I could get the pdl's to stop calling my place of employment was to tell them "she no longer works here". Got rid of the calls at work. Then I changed my cellphone number. There was no other way for me. My cellphone was being hit every 10 minutes by pdl's. Insane! Also, you've done your part so far by filing your complaints. As of right now, all you can do is wait (it's hard) for them to respond to your BBB complaints. They will be the quickest ones to respond. Your state AG will probably take awhile, but they will respond. In the meantime, you'll need to take care of those phone calls. If possible, try to get them to believe you're not at your place of employment any more. If you don't want to change your phone number, you're going to just have to ignore the stupid "unknown" numbers that call you, which can drive a person insane.
cannr, that doesn't sound very encouraging... So far, East Sid
cannr,
that doesn't sound very encouraging...
So far, East Side Lenders and Centrinex have been quiet since my last letter to them, which was send on 1-09.
Here is a partial copy of it:
"By now I have filed complaints against your company with the BBB Delaware, the FTC, the Florida Attorney General's Office and the Florida Office of Financial Regulation.
The Florida State laws are very specific:
Any person or company who does NOT have a Florida License under either Title XXXIII (REGULATION OF TRADE, COMMERCE), Chapter 560 (MONEY SERVICES), or under Title XXXIII (REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS), Chapter 516 (CONSUMER FINANCE) is operating ILLEGAL in the State of Florida!
Since all documents I may have electronically signed, originated from my side with an IP address from within the State of Florida and I never went to Delaware to sign any loan documents physically, I am as Florida resident protected by the law of Florida and, no matter which State the documents are stating as their State of ???legal operations???, they are NOT enforceable in this matter!
The same statement is true when it comes to your auto debits: all of them were drawn from my checking account in Florida.
Yesterday I received the very same automated e-mail from Teri H. again and I start believing that Teri H. aka [email]teri@centrinex.com[/email] is the name of a defect computer....
I am now considering consulting a lawyer and going through my bank statements from the past 24 months to collect every single transaction I had with your Company and my request for a refund of all overpaid funds will get much higher than the current request of this last loan of ???only??? $1,166.25 Dollars.
Unless I will receive a refund of $1,166.25 Dollars and a written statement that my account with your company is Paid in Full within 10 business days of this letter, further conversations regarding this issue will only be made through the Attorney General???s Office or my personal counsel!
(A copy of this e-mail will be mailed per U.S. Postal Service)" :roll:
But at this time I am very concerned about the reply I received from the Office of Financial Regulation in regards to the Florida State laws. Here a partial copy:
"Your concerns have been received by the Office of Financial Regulation regarding a loan. We appreciate the opportunity to serve you.
After reviewing your letter, we have determined the difficulties you are experiencing with an out of state finance company are not within the purview of the Office of Financial Regulation. Out of state finance companies are exempt from Florida Statutes 560.104, 560, Part IV and 516.02(4). All regulations for such companies fall under the state in which the company is located. Therefore, you may wish to contact the Delaware Office of the State Bank Commissioner at the address listed below."
In regards to the other 2, Pay Day Max and Credit Protection Depot keep calling me per auto dialer and I simply ignore the calls, but I have send both of them several similar letters and also filed complaints with the BBB, and the FTC so far.
EZPayDayCash just send me another "friendly reminder" e-mail today, asking to contact them and they would work out an "easy" payment plan. No complaints have been filed yet because I was waiting for a response.
Back to my recent concern, if the Office of Financial Regulation states that those lenders are exemt from Florida Statutes, do I have a legal leg to stand on in my dispute??? :shock:
Will the AG's Office work on my behalf? I haven't heard back from them yet and I know this may take time...
I would like to hear from other "Floridians" about their experience and results with Internet lenders.
Hi Marion, The comanies must still be licensed in FL to lend,
Hi Marion,
The comanies must still be licensed in FL to lend, from what I remember your weren't so they are illegal. I've never dealt with East Side personally, but listen to the other who have. It might take the AG's office a little while, but I have been reading post's from people that said when they finally came through they were great...
Thanks, dawnlango7, for your fast reply! It is right that those
Thanks, dawnlango7, for your fast reply!
It is right that those 3 companies have no Florida license.
But how about the exemptions to the Florida Statutes?
Should I just keep on disputing and wait for the AG's office's response?
I am so totally confused at this point....
Marion, keep disputing. And, yes, wait for the AG to come throug
Marion, keep disputing. And, yes, wait for the AG to come through for you. I'm not from Florida; however, I have dealt with East Side/Centrinex. They are total stoners. They will hound you to death. Not to scare you or anything, but honestly keep on disputing, keep copies of everything, and hold tight for the state AG. Like I said, I almost gave up on the state AG on mine, but they came through like gun fire when they got around to mine! :wink:
one week so far and NO further contact from anyone.... No more
one week so far and NO further contact from anyone....
No more calls, no more e-mails.
Hope that to be a good sign!?!
I have had my share of internet payday loans back in 2008!! Disc
I have had my share of internet payday loans back in 2008!! Discount Advance, One Click Cash, TJF/BMG Group and a few others all at one time. I have done some research for the State of Florida, and I have found the License Search website to be able to see if these people are legal. You don't need a License #. You can search by name only. None of these people came up in the search and to make sure I was searching correctly, I typed in the Business name box CASH ADVANCE. 112 names appeared being licensed in Florida.
Forgot to attach the website to search license. Here you go...
Forgot to attach the website to search license. Here you go...
https://real.flofr.com/ConsumerServices/SearchLicensingRecords/Search.aspx