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Please help - PDLs in Florida

Submitted by teapartysue on Wed, 08/06/2008 - 16:09
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Hello,

I am ready to take back control of my finances and have been following this board for the steps to take. Here is what I have outstanding; can someone tell me if these are legal? I am in Florida.

Interim Cash borrowed 250/pd 235

ameriloan borrowed 400/pd 240

Cash Advance Network borrowed 300/pd 780

One Click Cash borrowed 300/no payment yet

I think Interim Cash is overseas; when I call them it sounds like they are in India.

Any help you can give me is greatly appreciated!


Hi there Sue, Welcome to the fourm. I can tell you the ameriloan, One Click Cash and Cash Advance Network will not be licensed. They are all part of a company called MTE and will not be licensed anywhere, they are so very illegal. I believe you are correct about interim cash. I will have to double check though. If you have not alread read this thread, please do so. Forgpatch posts some good information about FL laws here that you may want to know.

http://www.debtconsolidationcare.com/paydayloan/about49512.html

Have you closed your bank account so that the pdls can not have access to your $$ ?


Submitted by RoxyNY on Wed, 08/06/2008 - 16:14

RoxyNY

( Posts: 4178 | Credits: )


Hi,

Not yet, but I plan to this week. It's BOA, and I'm afraid they are going to give me a hard time about it (I remember awhile back going in and talking to the manager, and he told me I can't revoke ACH authorizations if I already gave permission, so I stayed in the PDL cycle).

This nightmare has caused me to almost be evicted, no food or my family, and on and on. I know it is my own fault, but my husband lost his job and here we are.

Thanks!


Submitted by teapartysue on Wed, 08/06/2008 - 16:20

teapartysue

( Posts: 7 | Credits: )


Sue, no judgements here...you did what you had to at the time. We have all come here becuase for one reason or another we got caught in the cycle and trap. BOA sucks! If you read the thread I posted, Forgpatch mentions them. He usually around during the day so if you have any questions about dealing with them, you should go ahead and post them. I believe by law you can revoke ACH authorization at any time. I will see if I can find the information for you. I have it on my computer at work but I will not be there until Friday....

Read this too...it has good information in it and may help you when dealing with them...

http://www.debtconsolidationcare.com/paydayloan/close-account.html


Submitted by RoxyNY on Wed, 08/06/2008 - 16:29

RoxyNY

( Posts: 4178 | Credits: )


Sue, Sorry it took so long to get this to you... I hope it is not too late.

Take this to your bank.You have the right to revoke ALL ach debits from your account.
Per the Electronic Funds Transfer Act:

Quote:
???? 205.10 Preauthorized transfers.

(a) Preauthorized transfers to consumer's account--(1) Notice by financial institution. When a person initiates preauthorized electronic fund transfers to a consumer's account at least once every 60 days, the account-holding financial institution shall provide notice to the consumer by:
(i) Positive notice. Providing oral or written notice of the transfer within two business days after the transfer occurs; or
(ii) Negative notice. Providing oral or written notice, within two business days after the date on which the transfer was scheduled to occur, that the transfer did not occur; or
(iii) Readily-available telephone line. Providing a readily available telephone line that the consumer may call to determine whether the transfer occurred and disclosing the telephone number on the initial disclosure of account terms and on each periodic statement.
{{10-30-98 p.7369}}
(2) Notice by payor. A financial institution need not provide notice of a transfer if the payor gives the consumer positive notice that the transfer has been initiated.
(3) Crediting. A financial institution that receives a preauthorized transfer of the type described in paragraph (a)(1) of this section shall credit the amount of the transfer as of the date the funds for the transfer are received.
(b) Written authorization for preauthorized transfers from consumer's account. Preauthorized electronic fund transfers from a consumer's account may be authorized only by a writing signed or similarly authenticated by the consumer. The person that obtains the authorization shall provide a copy to the consumer.
(c) Consumer's right to stop payment--(1) Notice. A consumer may stop payment of a preauthorized electronic fund transfer from the consumer's account by notifying the financial institution orally or in writing at least three business days before the scheduled date of the transfer.
(2) Written confirmation. The financial institution may require the consumer to give written confirmation of a stop-payment order within 14 days of an oral notification. An institution that requires written confirmation shall inform the consumer of the requirement and provide the address where confirmation must be sent when the consumer gives the oral notification. An oral stop-payment order ceases to be binding after 14 days if the consumer fails to provide the required written confirmation.
(d) Notice of transfers varying in amount--(1) Notice. When a preauthorized electronic fund transfer from the consumer's accounts will vary in amount from the previous transfer under the same authorization or from the preauthorized amount, the designated payee or the financial institution shall send the consumer written notice of the amount and date of the transfer at least 10 days before the scheduled date of transfer.
(2) Range. The designated payee or the institution shall inform the consumer of the right to receive notice of all varying transfers, but may give the consumer the option of receiving notice only when a transfer falls outside a specified range of amounts or only when a transfer differs from the most recent transfer by more than an agreed-upon amount.
(e) Compulsory use--(1) Credit. No financial institution or other person may condition an extension of credit to a consumer on the consumer's repayment by preauthorized electronic fund transfers, except for credit extended under an overdraft credit plan or extended to maintain a specified minimum balance in the consumer's account.
(2) Employment or government benefit. No financial institution or other person may require a consumer to establish an account for receipt of electronic fund transfers with a particular institution as a condition of employment or receipt of a government benefit.

[Codified to 12 C.F.R. ???? 205.10]

[Section 205.10 added at 44 Fed. Reg. 59471, October 15, 1979; amended at 45 Fed. Reg. 8265, February 6, 1980, effective May 10, 1980; 61 Fed. Reg. 19672, May 2, 1996]


Submitted by RoxyNY on Fri, 08/08/2008 - 04:53

RoxyNY

( Posts: 4178 | Credits: )


Thanks so much - I have opened a new account at Suntrust and will close my BOA account on Monday. I am so nervous about asking the bank to do this but I know it has to be done.


Submitted by on Fri, 08/08/2008 - 13:37

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