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Multiple payday loans in Florida.. HELP!!!!

Submitted by margielummus on Tue, 10/02/2012 - 15:00
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Hi,
I am hoping someone can help me get out of this payday loan hell I have gotten myself into. I have been doing some reading and you have helped many, so hopefully you can help me.
I have read the PDL laws for Florida, but I am still a bit confused. I have multiple payday loans and it says that you can only have 1 at a time in Florida. Here is the information on all of them. If someone can help me figure out what to do, I would appreciate it greatly, as I am tired of just paying the interest and renewing these loans every 2 weeks... it is killing me financially. Once out of this BIG mess, I will NOT get another payday loan....
Between my husband and I here is what we have.... we live in Florida.
Fast payday loans, Inc.. this one is a storefront.... borrowed $500.00, pay back $535.00 on payday, wait 24 hours and then can renew if needed. I know this one is legal since it is store front.
Cashnetusa... borrowed $500.00 and payback in one payment on payday... I believe this one is legal too and they are very easy to work with.
Hydrafunds IV... Borrowed $200.00 on 7/10/12... have only paid renewal fee of $60.00 x 5 times (and one coming out this Friday, 10/5/12 $60.00), total paid thus far $300.00. *** refund due for $100.00, if I calculated correctly.
United group.. borrowed $300.00 on 7/13/12.. have only paid renewal fee of $90 x 5 times (and one coming out this Friday, 10/5/12, $90.00).. total paid in renewal fees thus far $450.00... **** refund due of $150.00
Lakota cash.. borrowed $300.00 on 6/19/12.. have paid finance fees plus some towards the principal... Total thus far $589.50... Payment scheduled to come out this Friday, 10/5/12 of $100.00....*** refund due of $289.50
Viploan shop.. borrowed $300.00 on 6/11/12.. have paid finance fees plus some towards the principal.. total thus far $$583.50... payment scheduled to come out on Friday, 10/5/12 for $91.50... *** refund due of $283.50
I have 2 other ones, but not sure if you can help in any way on these...
Plain green loans... borrowed $800.00 in June... have paid thus far interest and principal. $769.23... so would owe them $30.77... if I am correct on this one.
I also have one with cash call.. not sure as this one is so crazy...
Thank you in advance for any help that you might be able to offer me in regard to getting rid of these payday loans.


Ok first thing you will want to do is close your bank account or have the bank set it to a deposit only status before Friday. As for your lenders both Fast Payday Loans and CashNetUSA are legal in FL. Second I am assuming that the CashCall loan was originally issued by Western Sky and is being serviced by CashCall. With that said the rest of your loans are illegal under FL law as none of them are licensed. Follow the steps on how to deal with illegal lenders here [URL="http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html"]Dealing with Unlicensed Payday Lenders (step by step)[/URL]. For most of your lenders demand refunds and don't let them scare you there is nothing they can do to you. With Plain Green state in your letter that you will only pay them what is left on the principle of $30.77 and that is it.

Next file complaints against all the illegal lenders with the FTC and the Florida Office of Financial Regulation at http://www.flofr.com/.

Finally if I am correct about CashCall only servicing a Western Sky loan for you then again treat them as a illegal payday lender. These guys are relentless but just know that under FL law installment lenders such as Western Sky must be licensed in FL . If they are not then the loan document is unenforceable and the loan itself is noncollectable. Make sure that you file a complaint with the FOFR on them and then you will need to dispute the CashCall entry on your credit report by giving them all relevant FL law.


Submitted by tousi76 on Tue, 10/02/2012 - 19:05

tousi76

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Thank you for the quick reply and the information. I am going to talk to my husband tonight and see what he would like to do, as some of these are in his name, and then we will go from there.

It is such a pain in the butt to close and reopen a bank account, but I will do whatever I have to do to get this to stop!!!! One of the companies took money out of my account today instead of Friday... This just really bothers me to no end.

As for the cash call loan... it is originated by Western Sky, but serviced by cashcall, just like you said... I will attack this one at a later date since it is a big one.

I will start tomorrow with closing my bank account and sending C&D letters and the ACH revocation letters to the illegal lenders in Florida.

I will let you know how it goes once the process starts. I am sure that it will get very difficult and ugly for a while.... I just want my life back and my money back!!!!

Thanks for all the information on this forum, it is extremely helpful.
Margie


Submitted by margielummus on Wed, 10/03/2012 - 07:25

margielummus

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Hi,

Yesterday I did what you suggested I do. I sent all of my payday lenders ACH revocations. I went to my bank and they will not close my account right now, but I will be back up there today to get them to fix this.... My account is in a negative balance so they will not close it..

I received one response back from Lakota Cash... Not sure what to do on this one....

Here is the response:

Mr. Lummus,


I have highlighted the areas in the signed contract pertaining to your claim. I would like to set up payment arrangements on this matter if we cannot reach an agreement we will have to move the account into further collections.


Thank You

Attached was a copy of the contract... with the following highlighted for us to review...

This Loan Contract is subject solely to the exclusive laws and jurisdiction of the Cheyenne River Sioux Tribe, Cheyenne River Indian Reservation. By utilizing our website, you are conducting business on the Cheyenne River Indian Reservation, and subjecting yourself exclusively to the laws and jurisdiction of the Cheyenne River Sioux Tribe, a sovereign Native American Nation. By executing this Loan Contract, you, the borrower, hereby acknowledge and consent to be bound to the terms of this Loan Contract, consent to the sole subject matter and personal jurisdiction of the Cheyenne River Sioux Tribal Court, and further agree that no other state or federal law or regulation shall apply to this Loan Contract, its enforcement or interpretation.

In this Consumer Loan Agreement (hereinafter, the "Loan Agreement,") the words "you" and "your" mean the borrower who has electronically signed it. The words "we," "us," "our" and "Lender" mean Payday Financial, LLC, a lender organized under and authorized by the laws of the Cheyenne River Sioux Tribe and Indian Commerce Clause of the Constitution of the United States of America.

GOVERNING LAW: This Loan Agreement has been negotiated and executed on the Cheyenne River Indian Reservation and is governed by the Indian Commerce Clause of the Constitution of the United States of America and the laws of the Cheyenne River Sioux Tribe. This Loan Agreement is not consummated until your loan is funded by us from our bank account on the Cheyenne River Indian Reservation, and your loan is repayable to that same account on the Cheyenne River Indian Reservation in SD. We do not have a presence in the State of South Dakota or any other State. None of this loan, the Loan Agreement, nor Lender, is subject to the laws of any State of the United States of America.

We got a loan for $300.00 on 6/19/12. We have made payments totaling $589.50, so we have more than paid this loan back.

Should I send them the information on Florida law about payday loans?

I dont have a problem paying back the money that was lent to me, but I certainly dont want to pay back $800.00 for a $300.00 loan.

Thanks in advance.


Submitted by margielummus on Thu, 10/04/2012 - 07:39

margielummus

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That is just a standard reply just stick to your guns and you will be fine. These types of lenders must be licensed in FL if not per the Florida Consumer Finance Act by operation of law loans made without the proper finance license are unenforceable and void in the state of FL. This is the information that I received from the FOFR when I was dealing with my lenders and not a one of them has even tried to do anything to me.


Submitted by tousi76 on Thu, 10/04/2012 - 16:24

tousi76

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Thank you to everyone on this forum!!!! This has been a Godsend to me.

I received a response from Lakota Cash this morning....

Mr. XXXXX,

I will consider your loan paid in full.

Sincerely,

Keka from Lakota Cash.

WHOO HOOO... one down and about 5 more to do. This has been the biggest nightmare of my life, thus far.. My bank account is closed, after much fighting with the bank, but finally done......

I am SOOO happy and this will help me to have a great weekend!!!. Thanks again to everyone for being so helpful to me.

Sincerely
Margie


Submitted by margielummus on Fri, 10/05/2012 - 10:02

margielummus

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THANK YOU, THANK YOU, THANK YOU!!!

I know that I already posted a thank you to everyone on the forum, but I feel like a HUGE weight has been lifted off my shoulders.

I got another response from VIP LOAN SHOP on my loan. They have said that my loan is paid in full. Still working on getting the $$ overpaid back. I am not really worried about that, as long as I don't have to pay them anymore money, I am thrilled.

I am SOOO HAPPY that I could just SHOUT out to the world!!!!

I did have 2 companies draft from my account today, after I had sent the ACH revocation email to them. I will attack that with the bank on Tuesday.

Still waiting to hear from 4 more companies. I haven't even started with Cash Call yet.. I wanted to hit the small ones first and see where I got with them.

I am so happy that I found this forum and there are actually people here willing to help others and not judge for the bad decisions they have made. I appreciate all the information on here and appreciate the time you put in to assist everyone on here.

Thanks again!!!!! Hope you have a great weekend, I know I will knowing that 2 of these PDLs are squared away!!!!

Margie Lummus


Submitted by margielummus on Fri, 10/05/2012 - 15:04

margielummus

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