International Payment Services payday2go.com in KS
Date: Wed, 11/05/2008 - 19:58
7/25/2008 - $75.00
8/8/2008 - $75.00
8/22/2008 - $75.00
9/5/2008 - $75.00
9/19/2008 - $75.00
10/3/2008 - $75.00
10/17/2008 - $100.00
10/31/2008 - $93.75
I sent them a cease and desist letter below which I found on this site.
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[quote]Date: 10/30/2008
International Payment Services - 1000CashOvernight.com
After doing research regarding Internet payday loan laws in the State of Kansas, I have found that your Internet payday loans are actually illegal. I have also found the following laws to be true applying to payday loans in the State of Kansas in general: Citation: Kan. Stat. Ann. § 16a-2-404 as amended by 2005 Kansas Legis. 144 (eff. April, 2005) Loan Terms: Maximum Loan Amount: $500 Loan Term: 7-30 days Maximum Finance Rate and Fees: 15% Finance Charge for 14-day $100 loan: $15 apr for 14-day $100 loan: 390% Debt Limits: Maximum Number of Outstanding Loans at One Time: Two Rollovers Permitted: Not Specified Cooling-off Period: Repayment Plan: Collection Limits: Collection Fees: One NSF fee Criminal Action: Prohibited
I borrowed $300.00 from your company on 7/7/2008 with the understanding that the total amount paid back to your company would total the principal $300.00 and $75.00 for finance charges. Since 7/7/2008 I have made the following payments: 7/25/2008 - $75.00
8/8/2008 - $75.00
8/22/2008 - $75.00
9/5/2008 - $75.0
09/19/2008 - $75.00
10/3/2008 - $75.00
10/17/2008 - $100.00
This totals $550.00 for a $300.00 loan? I did not agree to this and do not authorize any future ACH debits on my account. I hereby revoke any and all ACH authorizations with your company from debiting any of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. 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. I 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 my references listed on my loan. Due to the fact that Internet payday loans must be licensed in the state of Kansas to be a legal and binding contract, your company should NOT issue loans to Kansas residents at all. I am requesting that you send me your license number which enables you to offer loans to Kansas residents. 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 have paid the principle amount of the loan and $250.00 in interest. I must also inform you that I will be filing complaints with the Better Business Bureau, the Federal Trade Commission, and the Kansas Attorney General's Office. 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. Sincerely, --
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Well, the following Friday, they took out the $93.75. I went to the bank and placed an affidavit to stop payment on the 93.75 and got the previous $100.00 back. Then I got this email in response.
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Sent: Mon 11/03/08 11:31 AM
From: [email]nmartin199@gmail.com[/email] on behalf of Nicole Martin (nicole@payday2go.com)
I am inresponse to your email and I will be glad to help you with any questions and or concerns in regards to this matter. When you applied for this loan you agreed to the terms and agreements of the loan we have your e-signature and your IP address when you applied for the loan.
You mentioned that loans are illegal in your state yet you still tried to apply for another payday loan thru our affiliates three times on October 7th.
I will be more than happy to close out your account as it stands today with no more payments to be withdrawn from your account under the condition that none of your previous payments are returned from your bank.
If returns are posted on your account your account fill be forwarded to the collections department and then on to the legal department.
Please advise as to what you would like for me to do regarding your account.
Thanks
Nicole Martin
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My response:
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Sent: Wed 11/05/08 4:43 PM
I did NOT agree to $550.00 in payments for a $300.00 loan and who knows how much more money you would have taken. This is a scam.
I cannot even view the loan agreement through my email, I get a broken link. "Page cannot be displayed." I thought I was paying back 375.00. $300.00 for the loan and $75.00 in in interest, which has been PAID in FULL. I have the bank statements to prove it. The $75.00 in interest on a $300.00 loan is well over the limit of $390.00% APR for the State of Kansas.
If you try to "collect", attempt to take any money from my account or have anyone calling and threatening me. I will be filing a complaint to the Kansas Attorney General and Federal Trade Commission and contacting my attorney. You have yet to provide me with your license number which enables you to offer loans to Kansas residents.
Quote by you:
"I will be more than happy to close out your account as it stands today with no more payments to be withdrawn from your account under the condition that none of your previous payments are returned from your bank."
Although I do not appreciate your "Take the money and run mentality of doing business."
My answer is, absolutely NOT. I have opened disputes to get the payments for $100.00 and $93.75 back from my bank. You withdrew $93.75 from my account AFTER I sent you an email demanding you not send anymore ACH transactions through my account. I will not dispute the past payments of:
7/25/2008 - $75.00
8/8/2008 - $75.00
8/22/2008 - $75.00
9/5/2008 - $75.00
9/19/2008 - $75.00
10/3/2008 - $75.00
Please close my account immediately. You and NONE of your affiliates are authorized to withdrawal any funds from my account.
Thank You,
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Her Response:
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From: Nicole Martin (nicole@payday2go.com)
Sent: Wed 11/05/08 8:33 PM
I thank you for your response and I just have to correct you. The $93.75 was sent to your bank on 10/31/08 which you have listed as your pay date that money was not debited after I responded to your email on November 3rd.
At any rate the bank has returned the $93.75 and the $100.00 to your account. Unfortunately I will not be able to settle your account under these circumstances.
Your acccount has been forwarded to the legal department where you will be contacted to make arrangements before this item is reported to the credit bureau and your employer served with a garnishment.
We have a signed contract by you in which you agreed to the terms of the loan and we also have proof of you trying to obtain another loan through another payday loan company a little less than a month ago.
We will also contact your bank as you signed an affidavit swearing that the charges were unauthorized yet we have documentation that they are.
Good day
Nicole Martin
AR Manager
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My response:
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Sent: Wed 11/05/08 7:39 PM
To: Nicole Martin (nicole@payday2go.com)
A garnishment requires a judgement. Any voluntary wage assignment you may have slipped in your "e-signed document" I revoke.
Please provide me with a copy of this "e-signed contract."
Have a great day,
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Her final response today:
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Sent: Wed 11/05/08 8:33 PM
To: Derik Griffith (grifstah@hotmail.com)
Our legal department obtains a judgement and then your job is served, I said garnishment not a wage assignment there is a difference.
I have forwarded your file already you will receive word by way of a phone call or papers in the mail.
Thanks
Nicole Martin
[/quote]
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Soooooooo, any advice?????!?! :-)
I don't think they can take you to court as they are illegal, no
I don't think they can take you to court as they are illegal, no one should give them the OK to garnish your wages. It is probably a scare tactic. Someone else with a little more experience should be able to tell you more.
What is an AR manager??????????????? You need to file complants
What is an AR manager??????????????? You need to file complants with the Attorney generals office, BBB and FTC asap.
Definitely file complaints with the FTC, KS attorney generals of
Definitely file complaints with the FTC, KS attorney generals office, and also the KS division of Financial institutions (or Div. of Banking). Do not let them bully you around and continue to email them daily demanding a paid in full letter, don't settle for anything less than that.
Follow-up I received. What now??? From: [email]kadie@intlpmt.
Follow-up I received. What now???
From: [email]kadie@intlpmt.com[/email]
Subject: Settlement offer
Date: Fri, 7 Nov 2008 12:34:38 -0500
Dear Customer,
The Payment arrangements that you have with us never went through, therefore your account is in Broken Promise statue
To avoid any further collection efforts on your account we are willing to offer you a settlement to close your 1000 Cash Overnight loan with us as paid in full.
Your balance is 400.00 we will settle the account in the amount of 300.00as paid in full.
So please contact this office immediately to make other arrangement to avoid any further collections action
Please review the Declaration of Wage Assignment portion of the Contract you have with us. Unfortunately if contact with you is not made, we will forward this information to your payroll department and proceed with the Wage Assignment that you signed and agreed to.
Thank you,
International Payment Services
Kadie Koivogui
Legal Department Supervisor
Email: [email]kadie@intlpmt.com[/email]
Office: 240-290-0270 ext 128
Fax: 301-942-0764
International Payment Services
I have had the same problem. My work called them and told them that they do not take wage assigment and only a court order can get my wages garnished. They turned around and said that they were going to get a court order. In PA the only thing they garnish is Child Support and Student Loans. My question is can they get a garnishment from out of town to go after my wages.
reply
no they can't.any court order has to be in the county or burrough you reside in.typical pdl lies.
I just want you guys to know do not believe what you hear about
I just want you guys to know do not believe what you hear about payday loans being illegal and that they cannot come after you. I have been sued in my own state by an attorney that was represented by International payment services and the judge granted the judgement and questioned why I borrowed money and had not made 1 payment towards repaying this debt. The judge did not grant them any interest but I was sued for the face value of the loan in addition to court cost and legal fees. Just a heads don't believe what you read if you take out a loan back back what you borrowed before firing off they are illegal in my state you have a right to complain about high interest rates but you will not have a legal leg to stand on if you willing take money and outright refuse to pay any of it back.
Rock on everybody.
Quote:Originally Posted by AnonymousI just want you guys to know
Quote:
Originally Posted by Anonymous I just want you guys to know do not believe what you hear about payday loans being illegal and that they cannot come after you. I have been sued in my own state by an attorney that was represented by International payment services and the judge granted the judgement and questioned why I borrowed money and had not made 1 payment towards repaying this debt. The judge did not grant them any interest but I was sued for the face value of the loan in addition to court cost and legal fees. Just a heads don't believe what you read if you take out a loan back back what you borrowed before firing off they are illegal in my state you have a right to complain about high interest rates but you will not have a legal leg to stand on if you willing take money and outright refuse to pay any of it back. Rock on everybody. |
We always advocate paying back what was borrowed!! It would be easy for an Attorney to obtain a default judgment if the debtor doesn't exercise their rights, follow the law and not stand up for their self. That is why we are here, to educate people on their rights and how to avoid being sued for illegal loans which are passed along to unsuspecting or bottom feeder attorneys and collection agencies.
