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Ohio online loan question

Date: Mon, 08/06/2012 - 09:25

Submitted by anonymous
on Mon, 08/06/2012 - 09:25

Posts: 202330 Credits: [Donate]

Total Replies: 8


Hello,


I know that payday loan companies must be licensed in Ohio. If they are not licensed I only have to pay the principal back. I have a question on whether or not the one I am dealing with is:


Sunnyday Financial
Loan amount: $800


I have had no luck finding out any info on them. Anyone have any idea if they are registered in Ohio? If not, should I close my account and send them the sample letters I have seen here?


I have paid them $132 three times so far. So that leaves $404. The kicker is I have done business with them for a year and a half. I know the total in interest and fees far exceeds the $404 left in principal.


Thanks for the response. I sent the letter to them and this was their response:


Our service is not illegal in the state of Ohio (OH). If it was, we would not issue loans to residents of that state. There are several states that we refuse to lend to, due to various state legislation, but OH is not one of them. In the ???Marquette Decision???, the U.S. Supreme Court ruled that creditors can export the interest rate from the state in which they are chartered to residents in other states to expand customer base. It is the consumer that is soliciting the service. We just simply provide it. If what you are saying is true, then it is you that are soliciting ???illegal services???.
I have cancelled the ACH debits from your checking account, which is your right. However, as stated in our Authorization Agreement (which I have emailed you a copy), by revoking our authorization to ACH debit your account, you simultaneously authorize us to drop a paper check against your account if there is still a balance owed. You have an outstanding balance of $932.00.
With all that being said, Sunny Day Financial will agree to settle your account for the remaining $400.00 you owe in principal and send you a ???paid in full??? email for your records, if you reply saying that you agree not to file any formal complaints to the agencies that you threatened in your letter to us.







Any thoughts on this?


lrhall41

Submitted by on Mon, 08/06/2012 - 14:33

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those kind of responses just scream out "illegal lender".suprised they didn't just bring up "governing law"geez.file AG AND FTC complaints against them.also i doubt not only do you not owe them,but they owe you as since this is not a legal lender anything,and i mean anything debited gets deducted from the 800.00.so respond this way.


what are you talking about?i don't see you in the ohio CSO database meaning you have no license in ohio therefore since i have had more than the 800.00 debited i not only don't owe you 932.00,but you owe me.unless you can prove you are licensed as a CSO i won't pay you another dime,and a filibuster isn't proof.

btw i looked and they are not in the CSO database so treat them like the illegal they are,and they owe you.


lrhall41

Submitted by paulmergel on Tue, 08/07/2012 - 06:00

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Here is the latest response from them:


Mr. Smith,

You are wanting me to award you some sort of ex post facto credit toward your balance on loans that you happily paid in full based on the terms and conditions applicable when you solicited our service. We accepted the terms of our agreement, and accepted our $800.00 into your checking account on 6/5/12. Since then, you have paid $396.00, leaving $404.00 outstanding of what you ???borrowed???. You said that legally, you are only obligated to pay the principle balance. We will accept $300.00 as payment in full on your outstanding balance of $932.00, and issue you a paid in full letter if you would like that resolution. That is less than the principle balance owed.





I am guessing I should just keep pushing back? He is sounding desperate!


lrhall41

Submitted by on Thu, 08/09/2012 - 07:53

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I received a response from the Ohio Attorney General. They asked for proof of payments and my contract. They said I had ten days to respond.


I sent the email to Sunnyday Financial and said that I have ten days to respond. If they do not mark my account paid in full I will go forward with the complaint.


lrhall41

Submitted by on Thu, 08/09/2012 - 08:32

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