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Dealing With Unlicensed Payday Lenders

Submitted by Shazzers on Tue, 02/03/2009 - 11:21
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Updated on July 14, 2010: At the bottom of this post is a newer version of a letter template which you may or may not want to use, make sure you use your own words, this is only a sample.

If everyone will just give a link to this thread to the new members who come here for guidance it may be more helpful and less work for the experienced members who are researching information. I wrote this awhile back and am most happy to share it. THANKS!

You are only obligated to pay back the principal amount you borrowed from an unlicensed/illegal Internet Payday Lender.

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. :)
[QUOTE]
Date:

Name Of PDL

Your Name
City, State
Account #

This letter is to inform you that I am aware of the FACT that the loan you issued to me, is NOT legal or binding in my state. For your convenience, I have included my state payday loan laws below.

(Insert Your State payday loan laws here)

(Insert either (a) OR (b) which ever statements below which applies to you)

(a) The state of (insert your state) prohibits payday loans, therefore, I am bound by the state laws where I reside. As I have no presence in your state or country (only insert one choice, state or country, depending on your situation.), therefore I have no legal obligation to the 'governing laws' you may have detailed.
OR
(b) The state of (insert your state) requires Internet payday lenders to be licensed in MY state. I have already researched this information, your company does NOT have a license to lend in the state of ___________, if I am mistaken I will need proof in the form of a license number so that I may verify it with my Attorney General. I am bound by the state laws where I reside. As I have no presence in your state or country (only insert one choice, state or country, depending on your situation.), therefore I have no legal obligation to the 'governing laws' you may have detailed.


Be advised that as of today (insert todays date) I am revoking ANY and ALL ACH authorizations with your company from debiting any AND all of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I also revoke ANY and ALL wage assignments I may have signed, by you, including but not limited to; any of your affiliates, dba's, and collection agencies assigned to this account. None of the above no longer have my permission to access my accounts or impose a wage assignment.


I will only communicate to resolve this matter via email. If you ignore this notice and attempt to contact me or any of my references via telephone, you will be ignored and any payments owed will be delayed. I am willing to pay the principle amount of the loan only, however, no address means NO payments, this is not negotiable.

If you do NOT reply to this notice within 48 hours I will be forced to file complaints with my Attorney General (insert name of your attorney general), the BBB and the Federal Trade Commission. If you reply to this notice with any misleading legal implications or menacing course of actions you are unable to follow through with, I will be forced to take actions against you which could cause you to lose your license in the state of (insert the state they are licensed in) < (only use this statement if the illegal lender is licensed to lend in a state other than yours) and cause damage to your reputation, which could potentially decrease your clientele!



Sincerely,

Your Name[/QUOTE]


today i sent letter to cashcure,which i live in n.y. now they are going to send my account to a collection agency, which i email them and told them they are only getting the principle,which is only 82.00.and i am done, that if these people dont understand the letter, which i had used shazzers letter. then i will get in touch with AG,BBB,FTC. these pdl think , i am going to get upset about collections, having these pdls are the nightmare.thanks for everyone help.


Submitted by postlinda1885 on Wed, 06/01/2011 - 17:03

postlinda1885

( Posts: 23 | Credits: )


In March, I fell behind on bills. So I decided to use pay day loans to get me through the month. I got 3 loans

Sure advance-400
Cash cure - 400
cash direct- Gov emp-400

I get paid twice a month. I put down that online that I get paid on the 1st and 16 th. These companies would take money out of my account before the agreed time and overdraw my account. When I called these companies, I would get no resolution and had to deal wIth rude customer service reps. After the second month, a total of $369 was taken out of my account every two weeks, a grand total of $1476 was taken out for loans totaling $1200.
This wouldn't be bad if the loan was paid off, but none of the money paid went toward the principal, it all went toward interest. i'm not even including the over draft fees in my total.

But thanks to this site, I learned that payday loans were illegal in New York. I immediately contacted the BBB and reported these companies, I contacted my state attorney. I checked my accounts with these companies a week later and saw that my accounts were closed and they have not taken money out of my bank account since. It has been over a month, I couldn't close my account, because my employer said my direct deposit would take two months to change over. Hopefully it will be safe.

I have not received any threatening phone calls. I would love to get money back for my over draft fees, but I'm willing to write this off as a bad experience and something I will not do again. Payday loans may be a quick fix but the long term troubles and fees outweigh that.


Submitted by on Sat, 06/04/2011 - 20:18

( Posts: 202330 | Credits: )


I live in Flordia and have 6 payday loans and need to know if they are legal in Florida.

Beacon
Emerald Marketing
SDS Processing
Dollar Quick aka Dollar Flash
Global Group aka Midland Companies
Check Advance USA

I have contacted my bank to issue a stop payment for all future ach transactions. They told me that they would decline all transactions that goes beyond the available funds. Please Help!


Submitted by wglenn505 on Mon, 06/13/2011 - 08:02

wglenn505

( Posts: 4 | Credits: )


Cash cure sent me a paid in full letter.
Gov. emp sent me a paid in full letter.
I have not heard anything from sure advance.
None of these companies have attempted to take any money out of my bank account and I didn't close my account. So anyone that lives in NY or any states, where payday loans are illegal, know your rights. If you don't know your rights they will continue to go into your bank account or call you to harrass you. Go to the BBB website and report them. The BBB will work with you and if these companies are doing illegal business in your state they will back off quickly.
Also go to your state attorney's website and file a complaint. With enough of us complaining, we can put an end to predatory lending.

I'm now demanding refunds for the amount paid over the principal balances and overdraft fees , so I'll let you know how that works out.


Submitted by on Sun, 06/19/2011 - 06:14

( Posts: 202330 | Credits: )


Received a paid in full letter from sure advance.

Those that live in states where PDLs are illegal follow the steps and write letters, they work. Stay out of that trap and budget wisely. I'm still in a financial bind, but I'm better off now, not having them on my back.


Submitted by on Fri, 06/24/2011 - 09:45

( Posts: 202330 | Credits: )


I have been in payday loan hell for several years, borrowing from one to pay another - until I ended up with 19 payday loans and losing all hope. I decided to take responsibility and with the help of these forums, have closed my bank account, sent out the cease and desist letters and while the road will be long and difficult, there is a light at the end of the tunnel. One of the loans that I still owed on to Magnum Cash Advance had the highest balance that I owed, and with a little push back on them before I would agree to pay, they sent me a paid in full letter. This gives me hope that I will finally be free of this once and for all. I could not have done it without the great information posted by other users. :p

I live in the State of Maryland, where PDLs are ILLEGAL.


Submitted by on Tue, 06/28/2011 - 18:32

( Posts: 202330 | Credits: )


I found the list from the state of MA of the illegal lenders, there are almost 600! Unfortunately I did fall into the trap of them after my son was born and today I recieved 3 calls from someone stating to be a process server and they were giving me a chance to "stop" the process and to call a phone number. I googled the number and it was posted as a number belonging to one of the lenders. Is it normal that they call and warn you that they are going to come serve you and to also say that to the receptionist? ( i thought that was a privacy thing to talk to a 3rd party?) Also, on the list for MA it has years of when the cease activity order was done, what about loans obtained before those dates? One was obtained in 2007, paid off in 2009 after threats from the collection agency and I couldnt risk something like that being the only parent my child has so I paid them off not knowing they were sent a cease activity order in 2005! Im freaking out right now but after reading some of this stuff i dont know if i should be? Any insight you could give me would be greatly appreciated. Thank you in advance:smile:


Submitted by EMB78 on Wed, 06/29/2011 - 12:54

EMB78

( Posts: 9 | Credits: )


Today I took the leap and sent out 4 emails to my 4 illegal internet lenders: Plain Green, Cash Jar, Magnum Cash Advance, and 247 Greenstreet. Thank goodness all internet PDL are illegal in the Commonwealth of Virginia! I'm biting my nails at the potential fall out tomorrow but will remain firm in my rights! Wish me luck.:)


Submitted by EKUfan on Wed, 06/29/2011 - 19:02

EKUfan

( Posts: 61 | Credits: )


Well I had good luck with one of my PDL. Magnum Cash wrote back with this: [FONT=Arial][COLOR=black]We are in receipt of your email dated June 29, 2011 and it was forwarded to the lender. This response is offered on behalf of the lender, ICA. International Cash Advance, Inc. (ICA), doing business as Magnum Cash Advance, is a British Virgin Islands (BVI) corporation. No solicitation or advertisement was offered in Virginia by ICA. Customers must seek out ICA on the internet and apply on "their" web site. The choice of law governing your loan, The BVI, was clearly displayed on the web site and in the loan agreement you executed. [/COLOR]

[COLOR=black]The contract that you signed electronically states, "All applications, transactions, and credit decisions will be deemed to have taken place in BVI, regardless of where you may be viewing or accessing this site. Borrower is responsible for complying with any local statutory obligations that may exist in their state or area with respect to any transactions with ICA dba Magnum Cash Advance. If we approve your application, the disbursement of funds will be in compliance with ICA policy and headquarters in the BVI. Our transactions are governed by laws of the BVI. The laws of the British Virgin Islands governing consumer loan agreements may differ from the laws of Virginia. If you do not want to enter into a consumer loan agreement subject to the laws of the BVI, you should apply for a loan at a provider located in Virginia. All aspects and transactions on this site will be deemed to have taken place at our location in the BVI. This transaction shall be governed in accordance with the laws of the BVI without regard to its conflicts of law principles, regardless of the order in which the parties agree. The Agreement shall be deemed executed at our location in the BVI as designated herein. Your acceptance of our service confirms your prior acceptance of this Agreement and to jurisdiction located within the BVI." [/COLOR]

[COLOR=black]Regardless, the lender has no desire expending effort servicing a customer who does not appreciate the value of their installment loan and revolving line of credit products that are designed to meet a cash flow crisis on a moment's notice. The Director of Operations for ICA has agreed to consider your loan of February 7, 2011 as paid in full. All requests for refunds must be mailed to the following address:[/COLOR]
[COLOR=black] [/COLOR]
ICA Management Inc. Attn: Melanie Lewis
dms House

20 Genesis Close
PO Box 31910
Grand Cayman KY1-1208
Cayman Islands


Call Center Services, Inc.
Call Center Services, Inc. is an independent outsource call center provider. CCS assumes no role in establishing client policies, policy statements, or internal affairs.


[FONT=Verdana][/FONT]
:D Yeah! I asked for a refund but doubt I'll ever see it. I still haven't heard from PG , CashJar, and 247 Greenstreet. 247 Greenstreet did email to let me know that the schedule debit occurred today. Waiting for the fallout when they don't get their money! They haven't responded to the email yet.

[/FONT]


Submitted by EKUfan on Thu, 06/30/2011 - 18:58

EKUfan

( Posts: 61 | Credits: )


I got the letters from a template that you will find on the first page of this sticky topic. You need to follow the steps on page one in order. Whatever you do, please do not send out the letters until you secure your checking account first (I closed mine and opened new ones). I hope this helps!


Submitted by EKUfan on Tue, 07/05/2011 - 21:18

EKUfan

( Posts: 61 | Credits: )


Anonymous:

I would really love to talk with you. I currently have 7 payday loans that ii am fighting with, could use soke solid advice. Omem of them actually e-mailed me within 20 minutes and said PIF. Please e mail me if you r wiling to talk''Thanks

Email removed per TOS. ~OG


Submitted by on Tue, 07/12/2011 - 18:31

( Posts: 202330 | Credits: )


Shazzers is a god sent. I have learned so much from his post. Payday loans in PA are illegal. I also have used his letter and received somem positive feedback from Arrowhead PIF. 6 more to go

any advice for

500m fastcash still threatening me after sending that letter

on click cash

great sky cash

casline

East Side lenders

yellowdale


Submitted by on Tue, 07/12/2011 - 18:43

( Posts: 202330 | Credits: )


:pI received an e-mail from mypaydayloan.com stating the following:

Please be advised that your account with MYPAYDAYLOAN.COM has been forwarded to Detex Agency & Associates. Your account had fallen into serious default and, as a result, additional finance charges were applied and may accrue.
Upon receipt of this letter, ALL communication between MYPAYDAYLOAN.COM and above named customer will cease immediately. ANY PRIOR PAYMENT ARRANGEMENTS YOU MAY HAVE MADE WITH MYPAYDAYLOAN.COM NO LONGER EXIST AND ARE CONSIDERED INVALID.
You are hereby advised to contact DETEX Agency & Associates within 30 days by calling toll free (800)936-4148, as your delinquent account is now in their control and failure to resolve will result in further collection and consequences every 72 hours.
Collections Manager
MYPAYDAYLOAN.COM

Well I looked them up online and realized they are in Iowa and they are an LLC so I contacted the SCC of Virginia and found that if this company contacts me they must also be registered with SCC of VA because a bond is required for them to collect in VA. Please look up with your State Corporation Commission and verify if they are able to perform collections in your state


Submitted by assilem514 on Wed, 08/03/2011 - 11:24

assilem514

( Posts: 5 | Credits: )


I am dealing Hushawk group Ltd and I live in Maryland where payday loans are illegeal. I have contacted them on several occassions tyring to resolve my debt that I owe. I only barrowed $300.00 from them. But they keep giving me an email address to write too. In the mean time I have been getting threatening phone calls from people with forgien accents stating that I owe money to these companies that I have never heard of and if I do not pay up I will be arressted and brought up on check fraud charges. I have read the email letter you have posted to write to your pay day loan company and I was wondering what this will do for me?? So becasue I barrowed $300.00 from this place and I only owe them $300.00 due to the fact that paydayloans are illegeal in the state of Maryland, correct? I also want to know if I should change my home phone number, I am really scared to answer the phone to any 1-800 number or anything like it. I have called a couple of lawyers and they have all confirmed that I can not be arrested for the so called charges but they want me to pay the consultation fees to get any more advice. I jsut wan to get rid of this laon and be done with it. But I am not getting anywhere. SHould I send the letter with my information on it stating that I know payday loans are illegeal in the state of maryland and I only intent to pay the $300.00 that I barrowed from them? I am in desperate need of help and I am very nervous and scared. I have also reported the numbers that keep calling me to the www.ftc.gov, well actually I call them and made a complaint against the numbers and what they have been doing. I just need some one to tell me what to do and how to do it to get out of this mess. I am very desperate to resolve this matter. Thank you for reading and posting your advice in advance!!!


Submitted by piglet99 on Mon, 08/08/2011 - 10:29

piglet99

( Posts: 9 | Credits: )


You are correct. Since your loan was prohibited, you should only repay the principal. You have no reason to be afraid. These people can't do anything to you but make idle threats. Don't let them get to you. Send the illegal lender letter you referenced and wait for their response. You can also contact the MD

Maryland Commissioner of Financial Regulation
500 North Calvert Street Suite 402
Baltimore MD 21202
Phone: 410-230-6100
Fax: 410-333-3866


Submitted by OhioGal1 on Mon, 08/08/2011 - 10:57

OhioGal1

( Posts: 5253 | Credits: )


When you are borrowing money from payday lenders legal or not you're putting yourself in a bad situation.

I completely understand the pressure of needing money and looking for a quick fix alternative, but at some point in your life you must buckle down and figure out a solution to get money that won't put you in a worse situation.

Dealing with payday loan lenders is probably the worst next to borrowing from gang bangers or the mob.


Submitted by sawilliams on Mon, 08/08/2011 - 19:40

sawilliams

( Posts: 10 | Credits: )


Sorry in advance for the length of this disclaimer. You have helped me so much. I am going to begin the process of closing my bank account/letters etc tommorrow (ubfortunately when I get paid and am paying these @ssholes another 470)...but at least the end is near.

One of the companies i borrowed from I hhave seen anything on here about. The are with the Cheyenne Indian nation or something like that. I live in PA, just wanted to make sure it is 100% illegal for them to loan to me still and wonder and tips on the letter I right. Below is the ridicullously long disclosure from their website. Thanks in advance.

NOTICE: GREEN BILLOW, LLC IS A WHOLLY NATIVE AMERICAN OWNED LIMITED LIABILITY COMPANY LOCATED WITHIN THE EXTERIOR BOUNDARIES OF THE CHEYENNE RIVER SIOUX TRIBE, A SOVEREIGN NATIVE AMERICAN NATION. THIS DEFERRED DEPOSIT LOAN AGREEMENT IS EXECUTED PURSUANT TO THE INDIAN COMMERCE CLAUSE OF THE UNITED STATES CONSTITUTION, FEDERAL INDIAN LAW, THE LAWS OF THE CHEYENNE RIVER SIOUX TRIBE AND TO EXPRESS EXCLUSION OF ANY APPLICATION OF THE INTERSTATE COMMERCE CLAUSE OF THE UNITED STATES CONSTITUTION OR THE LAWS OF ANY STATE.
TERMS AND CONDITIONS: In this deferred deposit loan agreement ("Agreement"), the words "You" or "your" mean the customer identified on the front of the Agreement. The words "Us," "We," or "our" mean Green Billow, LLC, or its assigns d/b/a FourSeasonsCash.com, registered with Cheyenne River Sioux Tribal Nation. By clicking the indicated place on the screen to submit this Agreement to Us, You affirm that you have reviewed the terms of the Agreement including (i) the amount of any interest rate or fee; (ii) the date on which the full amount of the deferred deposit loan is due; and (iii) that you are availing yourself exclusively of the laws and jurisdiction of the Cheyenne River Sioux Tribe for executing and performing this Agreement as if You were physically present within the exterior boundaries of the Cheyenne River Indian Reservation, a sovereign Native American Tribal Nation, and this Agreement is to be fully performed by You and Us within the exterior boundaries of the Cheyenne River Indian Reservation, a sovereign Native American Tribal Nation. We will then approve or deny the Loan Agreement.
NOTICE: THIS LOAN AGREEMENT IS GOVERNED BY THE INDIAN COMMERCE CLAUSE OF THE UNITED STATES CONSTITUTION AND THE LAWS OF THE CHEYENNE RIVER SIOUX TRIBE. STATE LAW DOES NOT APPLY TO THIS AGREEMENT. WHILE NOT APPLICABLE, WE ARE PROVIDING YOU WITH THE FOLLOWING DISCLOSURES, MODELED AFTER DISCLOSURES PROVIDED FOR UNDER THE UNITED STATES FEDERAL TRUTH IN LENDING ACT, IN ORDER THAT YOU MAY COMPARE THE COST OF YOUR LOAN WITH US TO OTHER FORMS OF CREDIT.
The bank account referenced below (???Account???) refers to the account you provided ending in ???8736??? with ???TD BANK, NA ???.
PROMISE TO PAY. You agree to pay the sum of $606.50 as stated above to fourseasonscash.com, its successors and or assignees via one or more Automated Clearing House (ACH) Debits or by allowing us to issue one or more bank drafts against your Account. This will include your principal amount of $500.00 and your initial finance charge of $106.50 on your agreed upon due date of SEP 15, 2011. These will be submitted as separate transactions to your Account. If you choose to pay your loan off early, you will still owe the minimum initial finance charge of ???$106.50???. You promise to pay us the Total of Payments according to the terms of our disclosures set forth above on the date stated in the Promise To Pay above unless you elect to extend your loan. If you agree to extend your loan, you will be charged a new finance charge (referred to as an Extension Fee) based on the loan amount being extended. If you qualify and you do not repay the full amount of principal and interest on the Payment Date, your loan will be automatically extended until your next pay date. This means that you will be charged a new finance charge based on the loan amount being extended. Additional payment of principal may be required in addition to the fees due for the extension of the loan. A new finance charge will be applied to every extension of the loan. You grant us a security interest in your ACH/EFT Authorization in the amount of the Total of Payments (the "ACH/EFT"). Pre-computed interest is calculated from the Disbursement Date based upon your promise, as a condition of the Loan Agreement, to pay us as scheduled. Interest is pre-computed and charged from the Disbursement Date until the Payment Date, as set forth in the disclosures above. All payments will be applied first to interest, then to outstanding fees, and then to principal. The annualized rate of interest charged, and the amount of interest charged, are set forth above as, respectively, the Annual Percentage Rate and the Finance Charge. Pursuant to the ACH/EFT Authorization, you have directed us, our successors and assigns to initiate one or more ACH/EFT debit entries to your bank Account to deduct the Total of Payments from your bank Account on the Payment Date or thereafter and for certain fees that may be assessed in the event of dishonor when presentment is made to your bank on your ACH/EFT Authorization. If you are in default, you authorize us, our servicer or our agent, including attorneys and third party collection agencies, to continue initiating one or more ACH/EFT debit entries to your bank Account, up to the amount owed, until all amounts that you owe are paid in full, including any principal, interest, fee, or the return fee.
RETURNED TRANSACTIONS. In the event that any transaction that you have authorized returns to fourseasonscash.com, its successors and or assignees for any reason: (1) you agree to pay a returned check charge of $25.00, you agree to pay this fee via Automated Clearing House (ACH) Debits or Remotely Created Check (???RCC???) or by allowing us to issue a bank draft against your Account; you also agree to pay via Automated Clearing House (ACH) Debits or Remotely Created Check (???RCC???) or by allowing us to issue a bank draft against your Account any finance fees or interest accrued on the outstanding principal amount throughout the life of the loan as described earlier; (2) in the event that fourseasonscash.com, its successors and or assignees, initiates collection activity on your Account, you agree to be responsible for collection fees, including but not limited to court costs and fees, and all reasonable attorney fees, and (3) you authorize fourseasonscash.com, its successors and or assignees to initiate debits or bank drafts via Automated Clearing House (ACH) or Remotely Created Check (???RCC???) to the bank Account provided in amounts up to and less than the amount owed until the amount owed is paid in full.
GOVERNING LAW AND CHOICE OF JURISDICTION. By executing this Agreement, you hereby expressly agree that this Agreement is executed and to be performed solely within the exterior boundaries of the Cheyenne River Indian Reservation, a sovereign Native American Tribal Nation. You also expressly agree that this Agreement shall be subject to and construed in accordance only with the provisions of the laws of the Cheyenne River Sioux Tribe, and that no United States state or federal law applies to this Agreement. You agree that by entering into this Agreement you are voluntarily availing yourself of the laws of the Cheyenne River Sioux Tribe, a sovereign Native American Tribal Nation, and that your execution of this Agreement is made as if you were physically present within the exterior boundaries of the Cheyenne River Indian Reservation, a sovereign Native American Tribal Nation. All underwriting and lending activities associated with this loan are performed within the exterior boundaries of the Cheyenne River Indian Reservation, a sovereign Native American Tribal Nation, and your loan will be funded from our bank. You affirm and agree that the law of the Cheyenne River Sioux Tribe, a sovereign Native American Tribal Nation, shall be applied in construing this agreement. Further, if any provision(s) of the Arbitration Clause is/are found invalid, you agree that all actions or proceedings arising directly or indirectly, from this Agreement shall be litigated such courts solely and exclusively in the Cheyenne River Sioux Tribal Courts and consent that valid service of process may be made by certified or registered mail, to you at your address set forth in this Agreement or as may otherwise designated by You to Us in writing (including by electronic means), and service so made shall be complete two days after delivery including, among others, the Cheyenne River Sioux Tribal Court, Eagle Butte, South Dakota.
This Note shall be construed in accordance with and governed solely by the laws and jurisdiction of the Cheyenne River Sioux Tribe, and by executing this Note, all parties consent to the sole subject matter and personal jurisdiction of the courts of the Cheyenne River Sioux Tribe exclusively.
TELETRACK. I understand that fourseasonscash.com will not perform a credit check with a credit bureau, but I agree to allow searches of the Teletrack database. The Teletrack database is a national database of consumers and contains information about transactions with lending institutions. We may report information about your account to Teletrack. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
CLARITY SERVICES, INC. I understand that fourseasonscash.com will not perform a credit check with a credit bureau, but I agree to allow searches of the databases provided by Clarity Services, Inc., a nationwide consumer reporting agency which provides consumer information. We may report information about your account to Clarity Services, Inc. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
CONSENT FOR ELECTRONIC DISCLOSURES.
Doing Business on the Internet. We can only give you the benefits of our service by conducting business electronically over the Internet. One of the first steps in doing business with you electronically over the Internet is to obtain from you your consent to our communicating with you electronically. This communication informs you of your rights when receiving communications from us electronically.
Consenting to Do Business Electronically. By giving us your consent, you agree that all communications from us relating to your use of this web site, now or in the future, may be provided or made available to you electronically by e-mail or at our website.
Scope of Consent. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your transactions with us.
Hardware and Software Requirements. To access and retain the communications electronically, you will need to use a computer with Internet Explorer 4.0 or above, Netscape Navigator 4.0 or above, or similar software, an email address, ability to check email, and hardware capable of running this software.
Withdrawing Consent. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you will not be able to apply for new loans or services. The withdrawal of your consent will not affect the legal validity and enforceability of any pending loans obtained through our web site, or any electronic communications provided or business transacted between us prior to the time you withdraw your consent.
How to Contact Us. You can withdraw your consent to electronic communications with us by calling a customer service agent toll free at (877) 463-1794.
Notices. All notices pursuant to this Note shall be delivered, or mailed by registered mail, postage prepaid, addressed to the following: fourseasonscash.com, PO Box 320, 623 Main St.,Timber Lake, S.D. 57656, Attention: Butch Webb.
WAIVER OF JURY TRIAL AND ARBITRATION. Under the Federal Arbitration Act (FAA), arbitration is a process in which persons with a dispute: (a) waive their rights to file a lawsuit and proceed in court and to have a jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a (i) Tribal Elder or (ii) a neutral panel of three (3) Cheyenne River Sioux Tribal Elders (hereinafter referred to as "arbitrator") for a decision. Each party to the dispute has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute, which may be enforced as a court judgment. A court rarely overturns an arbitrator???s decision. We have a policy of arbitrating all disputes with customers which cannot be resolved in a small claims tribunal, including the scope and validity of this Arbitration Provision and any right you may have to participate in an alleged class action. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: 1. For purposes of this Waiver of Jury Trial and Arbitration Provision, the words "dispute" and "disputes" are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b) all Tribal, federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to this Loan Agreement, the information you gave us before entering into this Loan Agreement, including the customer information application, and/or any past agreement or agreements between you and us; (c) all counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any Tribal, state or federal constitution, statute or regulation; (f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafter collectively referred to as "related third parties"), including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on your behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties (hereinafter referred to as "Representative Claims"); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you. 2. You acknowledge and agree that by entering into this Arbitration Provision: (a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; (b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN THE CHEYENNE RIVER SIOUX TRIBAL SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and (c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES. 3. Except as provided in Paragraph 6 below, all disputes including any Representative Claims against us and/or related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. 4. Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to request a Cheyenne River Sioux Tribal Court Arbitrator, to arbitrate the dispute at issue. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your demand of the Cheyenne River Sioux Tribal Arbitrator. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt requested of your decision. If you fail to notify us, then we have the right to select the Cheyenne River Sioux Tribal Arbitrator. The parties to such dispute will be governed by the FAA, rules and procedures of such arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of this Arbitration Provision, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the Cheyenne River Sioux Tribal Court listed above. 5. Regardless of who demands arbitration, at your request we will advance your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees"). Throughout the arbitration, each party shall bear his or her own attorneys' fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the laws of the Cheyenne River Sioux Tribe, and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitration hearing will be conducted on the Cheyenne River Indian Reservation, however you may choose to appear telephonically or video conference and you will not be required to travel to the Cheyenne River Sioux Tribal Nation. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator may award statutory damages and/or reasonable attorneys' fees and expenses. If the arbitrator renders a decision or an award in your favor resolving the dispute, then you will not be responsible for reimbursing us for your portion of the Arbitration Fees, and we will reimburse you for any Arbitration Fees you have previously paid. If the arbitrator does not render a decision or an award in your favor resolving the dispute, then the arbitrator shall require you to reimburse us for the Arbitration Fees we have advanced, not to exceed the amount which would have been assessed as court costs if the dispute had been resolved by the Cheyenne River Sioux Tribal Court, less any Arbitration Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator's award may be filed with The Cheyenne River Sioux Tribal Court. 6. All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal in the Cheyenne River Sioux Tribal Courts for disputes within the scope of such tribunal's jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration. 7. This Arbitration Provision is made pursuant to a transaction involving Indian Commerce Clause of the United States Constitution and shall be governed by the FAA and laws of the Cheyenne River Sioux Tribe exclusively. 8. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon us, our successors and assigns, and related third parties. This Arbitration Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives any cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any of this Arbitration Provision is held invalid, the remainder shall remain in effect. 9. OPT OUT PROCESS: You may choose to opt out the Arbitration Provision, but only by following the process set-forth below. If you do not wish to be subject to this Arbitration Provision, then you must notify us in writing within thirty (30) calendar days of the date of this Agreement at the following address: Green Billow, LLC, P.O. Box 368, Timber Lake, South Dakota, 57656. Your written notice must include your name, address, Account number or social security number, the date of this Agreement, and a statement that you wish to opt out of this Arbitration Provision. If you choose to opt out, then your choice will apply only to the Application, Loan Agreement, ACH Authorization, and Arbitration Provisions submitted by you in this transaction.
NOTICE: State law does not apply to this Agreement. The law of the Cheyenne River Sioux Tribe honors the sacrifice of the servicemen and women of the United States Armed Services and as such allows a business to preclude certain types of loans to active duty military and their family. Accordingly you agree as follows:
I AGREE THAT I AM NOT A MEMBER OF THE MILITARY OR A DEPENDANT OF A MILITARY MEMBER. Specifically, I AM NOT the dependant of a regular or reserve member of the Army, Navy, Marine Corps, Air Force, or Coast Guard, serving on active duty under a call or order that does not specify a period of 30 days or fewer, or serving on Active National Guard and or Reserve Duty. (Dependents include the member???s spouse, child under the age of eighteen years old or an individual for whom the member provided more than one-half of their financial support for 180 days preceding today???s date.
You hereby agree that disputes and controversies of every kind and nature between the parties hereto arising out of or in connection with this agreement as to the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination therefore, as well as whether the controversy or dispute is subject to arbitration, and the amount of any loss or damage, shall be submitted to final and binding arbitration in accordance with the laws of the Cheyenne River Sioux Tribe. The arbitrator's award will be final, and judgment may be entered upon it by the Cheyenne River Sioux Tribal Court.
AGREEMENT NOT TO BRING OR PARTICIPATE IN CLASS ACTION LAWSUITS. You hereby agree that you will not bring, join or participate in class action as to any claim, dispute or controversy you may have against or Green Billow, LLC, or its employers, officers, directors, assignees, and servicers. You agree to the entry of injunctive relief to stop such a lawsuit or to remove yourself as a participant in the suit. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration as provided above. This agreement not to bring or participate in class action suits is an independent agreement and shall survive the closing and repayment of the loan for which you are applying
SOLVENCY. You are representing that by obtaining the loan as contemplated by this agreement, you are not intending to hinder, delay or defraud any of your present or future creditors. Before obtaining the loan as contemplated in this agreement, you have been paying your debts substantially as they become due. You are presently not in bankruptcy, are not contemplating filing for debt relief under bankruptcy laws, and have not been in bankruptcy for at least five years.
By clicking "I Agree" below, you certify that all of the information provided above is true, complete and correct and provided to us, fourseasonscash.com, for the purpose of inducing us to make the loan for which you are applying.
By clicking "I Agree" below you also agree to the Waiver of Jury Trial and Arbitration and the Agreement Not to Bring or Participate in Class Action Lawsuits. We have retained an independent company to process your application and service your loan ("Servicer").
By clicking "I Agree" below you agree to all of the terms and conditions of this agreement, you represent that you have read and understand the terms of our privacy policy, you authorize us to share your information with the Servicer as necessary to process, fund, and service your loan and otherwise as provided in our Privacy Policy. You also agree that we may assign your loan to an independent company, and you give your consent to the receipt of any and all notices, including but not limited to initial and annual privacy notices, via our web site.
BE ADVISED THAT TRANSACTIONS RELATED TO LOANS BY fourseasonscash.com, its successors and/or assignees ARE INITIATED BY ELECTRONIC TRANSFER (ACH or EFT).


Submitted by mroberts0903 on Tue, 08/30/2011 - 17:57

mroberts0903

( Posts: 3 | Credits: )


their terms and all that in the contract don't matter.the loan is illegal as while they are not subject to your state laws.you are not subject to theirs.they can't do spit except for a wage assignment and if you give a wage assignment revocation letter to your employer they are helpless,and once you file AG,AND FTC complaints do not engage them further.in fact a few of these"tribal lenders"are being investigated and challenged by state courts as we speak so don't be swayed by that as it is alot of wasted paper.they are illgal,and can't do squat.


Submitted by paulmergel on Wed, 08/31/2011 - 05:27

paulmergel

( Posts: 15514 | Credits: )


I used this template yesterday, got a response from VIP Cash/DMA Financial within 10 minutes, the compliance officer needed to look into my account. Fast forward today, and just 5 minutes ago they agreed to payback 4250.00!!!!! and PIF letter and a apology. I just want to thank you guys!!!! CONTINUE SQUASHING THE BOTTOM FEEDERS!!!! I do want to say, the compliance officer was professional, efficient and polite.


Submitted by kirchnersndg on Thu, 09/01/2011 - 17:18

kirchnersndg

( Posts: 3 | Credits: )


I didn't see an attachment to that last post, nor do i doubt that they would pay 4250, but hopefully. i just want to say that this site literally save my livelyhood and pretty much gave me afresh start. paumerkel...that you for your persistence and regular responses. Since I found this site on Aug 30th, I have closed my account at TD Bank (I tried to call 800 #...they couldnt't do, so went into a branch in PA. Didnt need to go to a manager, the associate at the desk who i assisted me had actaully once had a payday loan and was more than willing to help me and very understanding. She called some dept..may have been fraud, and I explained my situation. They didnt put a hard debit block on my account, but closed it, opened a new one, and put a hold on the old one...I had pending transactions. they assured me that no new ach's would go through. They guy from (fraud) also told me that they would not be able to get to my new account nless they were legally entitled to it...{in his words they would neeed to be pretty crafty}...because I live in PA, they obviously will not. i took care of this on Sept 1. These scumbags will not even attempt to take money out of account until sept 15, and I am wondering something...maybe you guys can help me out. i work for a very large investment firm. There is no way that my HR dept would ever consider a wage assignment letter from these lowlifes credible or serious.

1) since they do not follow instructions on ach revocation, wage assignment and original c+d letters...do i really need to send it to them?

2) I researched all of the laws in PA, and did put a sample letter together which I will put together in a seperate post for anyone that needs it under "PA Payday Loan Sample Letter"

3) i want to go after these @ssholes for the thousands of $'s of past interest that I paid. In Pennsylvania, there is alot of progress being made on the part of the borrower that the cases are being arbitrated. Google
[COLOR=black]Consumer Discount Company Act (???CDCA???), 7 P.S. ?? 6201 et seq.,[/COLOR]
and you wil; see it.
[FONT=TimesNewRomanPSMT][/FONT]
Again, I didnt send it yet, but will post the letter that I will send below and on a new site. I am not a lawyer, but do have an MBA and know how to do reasearch when I put my mind to something...which this deserves. this industry is a multi bullion $ a year money maker that feeds on those who need a 2 week loan. it essentially exploits the US Constitution, US citizens, and Native Americans (who may or may not be participating in the profits). People complained about using Native Americans for casinos, which I personally do not have a problem with, but this whole industry needs to be stopped. This took 53 weeks of my life away from me and from here forward, I vow to go after these people from every angle and with every tactic I can. i am so pissed off about this that I really considered dropping my career as a finanical salesperson to go back to law school just to stop this $hit :))...but be well worth it. Anyway, I have yet still yet to even send them my letter, have not received the phone calls yet, but to be honest..i am not afraid of them and do not give a sh5t. the biggest hrudle for me was to close my account and stop the cycle...which I did. I spent 40+ hours scouring through this site, google, my stae's AG's+ Dept of Banking laws, the state I work in laws, national precendents, and other statutory precendents. If anyone has any fear, questions, or just needs some help researching anything to do with this...please contact me via personal message on here. I am in the process right now and want to go through it with you. Pennsylvania (lucky for me) has consumer protection laws that no one would have known existed if you didnt look...and I am sure most of your states do too. I am here to help anyone who needs help to fight the fight. please use me. And to anyone who posts a fake response who works for a payday loan company, i will find you, i will go after you, do not f%ck with an angry person who you have robbed with resources.
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Again, for those of you who have been doing this for a while..paulmerkel, scazzers, ohiogal, etc...I would appreciate a post or pm about consequences of not sending letter, collections, and other stuff, but I am with you guys in this until this practice is shut down. Here is letter. PA residents, I think this is pretty efficient to copy verbatim besides your specific loan info:
[FONT=TimesNewRomanPSMT][/FONT]
[FONT=TimesNewRomanPSMT][COLOR=black][FONT=Times New Roman]Date [/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman]Contact Info[/FONT][/COLOR]
[FONT=Times New Roman] [/FONT]
[COLOR=black]PDL Contact Info[/COLOR][COLOR=black][/COLOR]
[COLOR=black][FONT=Times New Roman] [/FONT][/COLOR]
[FONT=Calibri][COLOR=black]Re: Account Number [/COLOR](#)[COLOR=black][/COLOR][/FONT]
[COLOR=black][FONT=Times New Roman]After researching Internet payday loan laws in the State of Pennsylvania, I have found that your Internet payday loan activity is actually illegal as you are not licensed by the Pennsylvania Department of Banking to lend to residents of Pennsylvania. I have also learned the following laws apply to payday loans in the State of Pennsylvania in general,[/FONT][/COLOR]
[FONT=Calibri][COLOR=black]Consumer Discount Company Act (???CDCA???), 7 P.S. ?? 6201 et seq.,[/COLOR] [/FONT]
[COLOR=black][FONT=Times New Roman]The position of the Department of Banking (Department) that engaging in nonmortgage consumer lending to Pennsylvania residents by any means, including by means of the internet or by mail, constitutes engaging in such business ''in this Commonwealth'' as contemplated by section 3.A of the Consumer Discount Company Act (CDCA) (7P. S. ?? 6203.A). As such, any person engaged in the business of negotiating or making nonmortgage loans or advances of money or credit of $25,000 or less as principal, employee, agent or broker to consumers in this Commonwealth in which the aggregate interest, discount, bonus, fees, fines, commissions, charges or other considerations (together, the ''Charges'') exceed 6% simple interest per annum is required to obtain a license from the Department under the CDCA.[/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman] [/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman]This was upheld in court, please see:[/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman]Cash Am. Net of Nev., LLC v. Pa. Dep???t of Banking, 978 A.2d 1028, 1038 (Pa. Commw. Ct. 2009), aff???d, 8 A.3d 282 (Pa. 2010).[/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman] [/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman]Without this license you are in violation of:[/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman]Pennsylvania???s Loan Interest Protection Law (???LIPL???), 41 P.S. ???? 101, 502 et seq.,[/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman] [/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman]I hereby revoke any and all ACH debit authorizations with your company from debiting any of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I have closed my account with (your bank) to protect my interest in this matter, per instructions from the Pennsylvania Department of Banking. I also revoke any and all wage assignments I may or may not have signed with your company, I no longer authorize you, your company, or your affiliates to attach any part of my wages or contact my employer for your collection purposes. I have notified my employer about this matter so any attempts to do so on your part will be rejected. [/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman]I demand that any contact be made through US Postal mail or email only. I will need everything in writing to keep accurate records of all communication as per instruction from my Attorney General Office. I also prohibit you or your affiliates to contact me via telephone at my place of employment or my home telephone number. I also prohibit you from calling any references on any loan agreement I may or may not have signed with you. [/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman]Due to the fact that Internet payday loan lenders must be licensed in the state of Pennsylvania to be involved in a legal and binding contract, your company should NOT issue loans to Pennsylvania residents at all. I am requesting that you send me your license number which enables you to offer loans to Pennsylvania residents. [/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman]The legal amount that could have been charged to my loan is the principal amount, even IF your Internet pay day loan were legal anywhere in the U.S.. I am willing to pay the principle amount of the loan only, which I have. As the principal amount of the loan was (principal amount), and I have paid (interest paid), I am willing to pay the remainder of the principal, (principal minus interest), however this is only if you provide me with a physical address that a money order can be sent to. (later on a prepaid debit card settlement can be negotiated by email)[/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman]I must also inform you that I will be filing complaints with the Better Business Bureau, the Federal Trade Commission, and the Pennsylvania Attorney General Office. [/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman]I expect a response from your company no later than 5 days from the above date regarding this matter. This response may only come via US Postal mail or email. No telephone contact is permitted.[/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman]Sincerely,[/FONT][/COLOR]
[COLOR=black][FONT=Times New Roman] [/FONT][/COLOR]
[FONT=Calibri][COLOR=black]CC:
Better Business Bureau
Pennsylvania Attorney General
Federal Trade Commission
[/COLOR][COLOR=black][FONT=Times New Roman][/FONT][/COLOR][/FONT]
[COLOR=black][FONT=Times New Roman][FONT=Calibri]907. Preauthorized transfers
(a) A preauthorized electronic fund transfer from a consumer's account may be authorized by the consumer only in writing, and a copy of such authorization shall be provided to the consumer when made. A consumer may stop payment of a preauthorized electronic fund transfer by notifying the financial institution orally or in writing at any time up to three business days preceding the scheduled date of such transfer. The financial institution may require written confirmation to be provided to it within fourteen days of an oral notification if, when the oral notification is made, the consumer is advised of such requirement and the address to which such confirmation should be sent.
(b) In the case of preauthorized transfers from a consumer's account to the same person which may vary in amount, the financial institution or designated payee shall, prior to each transfer, provide reasonable advance notice to the consumer, in accordance with regulations of the Board, of the amount to be transferred and the scheduled date of the transfer.
[Codified to 15 U.S.C. 1693e] [/FONT]
[/FONT][/COLOR][COLOR=black][FONT=Times New Roman][/FONT][/COLOR]
[/FONT]
[FONT=TimesNewRomanPSMT][/FONT]
[FONT=TimesNewRomanPSMT][/FONT]
[FONT=TimesNewRomanPSMT][/FONT]


Submitted by mroberts0903 on Fri, 09/02/2011 - 22:25

mroberts0903

( Posts: 3 | Credits: )


Hi, been reading these threads for two days now, finally found the courage to start the process myself. I have 3 paydays loans, one with OneClickCash (started in May, 2011) for $500, which Ive been paying since that time and not even one dime went to the principal, total paid them to date is 1,075.00, one with DJR Group/River Elk Services (started in April, 2011) for $390, total paid to date almost $1,000 and AdvanceMeToday, which was taken out the beginning of August for $500, only two finance charge payments totalling $240.00 to date. I am going to my bank tonight to close my checking account at TD Bank, and have already started writing my emails to these companies and letters to the AG, NYS Banking Department and Dept of Taxation and Finance. I will go on line to the Federal Trade Commission and also the BBB and file complaints there. My question is being that Ive been paying all this time and the money paid has been going towards the finance charges, should I consider the loans paid in full for the OneClick and the DJR loans? I know I havent paid much on the AdvanceMeToday loan and will have to make payment arrangements with them. I just worry because I went through a bad divorce and recently had to file bankrupcty (11/2010) and dont want any more strikes against me. Are these companies legal in their respective states? Also, I cant find a physical address for AdvanceMeToday.com, all I have is there email and phone number, might anyone have that? Am I doing the right thing/heading in the right direction? Im just a little nervous right now and dont know where to turn to talk to anyone about it. Kind of an embarrassing for me. Thanks everyone!


Submitted by angieedee925 on Tue, 09/13/2011 - 13:45

angieedee925

( Posts: 26 | Credits: )


Yes, you're doing the right thing.

A bit of advice:

[LIST=1]

  • Don't bother with the BBB complaints. They can't really do anything for you.
  • None of your lenders are legal in NY. That's the only state you have to worrry about.
  • You only have to repay principal. Therefore, not only can you consider your loans with OneClick and DJR paid in full but, they owe you refunds of the overpayments you've made ($575 and around $600 respectively) :)
  • You only owe AdvanceMe $260.


  • Submitted by OhioGal1 on Wed, 09/14/2011 - 10:24

    OhioGal1

    ( Posts: 5253 | Credits: )


    Ohiogal, thank you so much for responding!! I already have my letters ready to go and have already filed with the FTC. Ive made my bank aware of the situation and TD Bank are going out of their way to help me out with this... my current checking account cant close until all my pending authorizations go through, but they have put both an ACH block and check block on my account and are aware of all of these companies and are monitoring my account. In the meantime, they are in the process of opening a new checking account for me, just have to go sign off on it today after work. I will be sending my C&D letters out this afternoon. Kinda nervous right now and hoping for the best! Wow, a refund... I have a feeling I'll ever see a dime of it, but I will throw it out there in the C&D letter and see what comes of it... again, thank you and will keep you posted on the outcome.


    Submitted by angieedee925 on Thu, 09/15/2011 - 07:07

    angieedee925

    ( Posts: 26 | Credits: )


    While looking out for a payday loan there are a variety of things you need to keep in mind. The best payday loans are easily available. This means that getting one is relatively complication free. Also make sure that the payment options are flexible. This means that you can choose the number of installments and the amount that you would like to pay for each installment.


    Submitted by eileen12silva on Thu, 09/22/2011 - 02:36

    eileen12silva

    ( Posts: 22 | Credits: )


    I have 2 pdl's one is Loan shop Online and the other is Ameriloan. Loan shop was for $200 and thus far I have paid $272.50 and they say that I still owe $70.00
    Ameriloan, I have not even begun to pay back yet. How can find out if these are legal in my state of TN? thanks! All this legal stuff is confusing to me.


    Submitted by laruud on Sat, 10/08/2011 - 18:16

    laruud

    ( Posts: 3 | Credits: )


    I have two loans One with Ameriloan, and one with Loanshop/Everest. Ameriloan was for $300 +$90 interest which I haven't paid yet and the other is a $200 loan in which I have paid $272.50 thus far. this is my first time getting these loans and my neighbor told me about them...saying they helped her when she was in abind. And granted tey have helped me pay my rent, after I had an emergency car repair. but now I see they might b illegal. So maybe I just need to pay the principal back? I am in TN. please someone help! I am a single mom and really can't afford them to take ungodly amounts out of my account. I was so stupid for doing this. they said if I cancel my account that it's considered fraud and it's a felony?


    Submitted by laruud on Sat, 10/08/2011 - 19:52

    laruud

    ( Posts: 3 | Credits: )


    I have SEVERAL payday loans & I live in California
    -Discount Advances 1050
    -American Web Loan 900
    -Advance Me Today 1000
    -Zip19 810
    -Eastsidelenders 1000
    -Loan Shop 500
    - Vandelier Group 300
    -Vista Group 300
    -Four Seasons Cash
    - Great Plains Lending

    I understand that I have to pay back the principal amount on all these loans, I am EXTREMLY overwhelmed w/ paying only the interest back and NOTHING going towards the principel.

    I am going to head over to the bank to close my account but I need guidance on how to contact the lenders and let them know. Or how can I make arrangements w/ them.

    HELP!!!


    Submitted by dorigv79 on Tue, 10/18/2011 - 15:02

    dorigv79

    ( Posts: 2 | Credits: )


    I am new to this forum and apologize if I am posting in the wrong area. I live in New York state and unfortunately have fallen into pay day hell and all of my pay checks have been going to interest. I have tried to work with the payday loans and have been told that I can't make payment arrangements and will go to jail for check fraud. I have contacted the AG in New York state and was told that this can't happen and the banking dept was not able to really answer any of my questions. I am feeling a enormous amount of support from reading the posts on this forum in terms of ending this hell and closing my acct. I am also so nervous. I have loans with the following companies:

    Ezpayday- 700.00 and have paid 630.00 already
    nationwide- 1000 and have paid 600.00 already
    signmyloan.net- 700.00- 0 paid yet
    one click cash- 700.00 -0 paid yet
    united cash loans- 700- 210 paid already
    advance me today - 500.00 -150.00 paid already
    pdl-300.00- 450.00 paid already
    impact- 500.00- 0 paid yet
    ameriloan-900.00- 250.00 paid already

    I am so embarrassed that I have fallen into this trap. I want to pay them off as I know that I owe them. I just wish they would allow payment arrangements. I don't know if I should join a debt consolidation program or try to send out the letters that have been placed on these forums with them. I can lose my job if they call and I am terrified. Any assistance will be greatly appreciated.


    Submitted by Mariag8171 on Sat, 10/29/2011 - 12:42

    Mariag8171

    ( Posts: | Credits: )


    I am not embarrassed by the fact that I was trying to get help through pdls and no one else should be either. I am more than willing to pay back the principle and only the principle amount I owe.

    I am so glad that I found this forum and all the help that I have received to this point.

    I would suggest to anyone that is just starting out to do the following:
    1. collect all the information on your pdls
    a. address
    b. email address
    c. account number
    d. amount you borrowed
    e. exact amount they have taken from this point
    2.go to http://www.debtconsolidationcare.com/paydayloan/illegal-pdl-dealings.html. The information on this forum is so helpful.
    3. come back here anytime you need some advice.

    Good luck to all.


    Submitted by bcw102497 on Wed, 12/28/2011 - 15:45

    bcw102497

    ( Posts: 23 | Credits: )


    This is a total scam. First off, even if you were defaulted on your PDL's, this is not a criminal offense in California. This is civil, so this "Adam White" is blowing smoke u-know-where. The next time they call, HANG UP, or even better, blow a whistle into your receiver. They'll get the message.


    Submitted by kscornell on Sat, 01/26/2013 - 09:11

    kscornell

    ( Posts: 4407 | Credits: )


    FL law states that any PDL default is strictly civil, meaning that you can be sued but you cannot be charged with a crime. On top of that in order for them to be able to use FL courts against you the original lender must be licensed with the Florida Office of Financial Regulation if they are not then the contract is void in the state of FL and cannot be collected on.


    Submitted by tousi76 on Tue, 01/22/2013 - 14:46

    tousi76

    ( Posts: 141 | Credits: )


    Thank you bingonut. You rock!! I have paid back way more than what i have borrowed in principle. I will ask for a refund. Thank you!!!


    Submitted by on Fri, 01/25/2013 - 07:12

    ( Posts: 202330 | Credits: )


    Payday loans are illegal in NC. This means that you are only morally obligated to pay back the original principal borrowed, nothing more, nothing less. On this site, click on forums, then click on paydayloan help, then click on sticky on how to deal with unlicensed lenders. Follow every step, do not skip.


    Submitted by bingonut on Fri, 01/25/2013 - 07:02

    bingonut

    ( Posts: 1428 | Credits: )


    Been on the PDL cycle for over 2 years now in NC. Got 4 going at the moment and have well paid backmore than what I borrowed. Help please!!

    Companies i have with PDL's
    Great Plains
    Plain Green
    Advance Me Today
    Bayside Loans


    Submitted by on Fri, 01/25/2013 - 06:49

    ( Posts: 202330 | Credits: )