logo

Debtconsolidationcare.com - the USA consumer forum

Any advice is greatly appreciated

Date: Tue, 11/11/2008 - 08:49

Submitted by virginia65us
on Tue, 11/11/2008 - 08:49

Posts: 3 Credits: [Donate]

Total Replies: 6


:(
Hello -

I am in a complete jam with payday loans, and would welcome any advice. I live in NJ and currently have eight loans outstanding, all of which were secured via the Internet. I have had loans on and off for three years.

I make a decent living, but am barely keeping my head above water.

I am considering signing up with Langhorne debt solutions, but am scared that closing my checking account as their program requires will cause the PDL companies to harass the people whose names I provided as references. I would prefer to handle this situation myself, but don't know where to begin and can't go on paying these fees much longer.

My loans are with the following companies (balances include current fees:)
United Cash $520.
SonicCash $540.
CAN - $585
Geneva Roth (Loan Point) - $520
500 Fast Cash - 455
Arrowhead - $300
Nationwide - $230
Avantis Financial - $650

Any advice anyone can offer would be tremendously helpful.

Thank you very much.


Hi Virginia,

Payday loans are prohibited in NJ. So all of your loans are illegal. Unfortunately the only way to get out of this & take care of your money is to close your checking account. Otherwise the pdl's will keep debiting your account and make it negative. I am going to post the NJ laws for you:
Quote:

Quote:
Legal Status: Prohibited

Citation:
Consumer loan act applies but rates as agreed to by contract. N.J. Stat. Ann. tit. 17,???? 1 et seq. However, criminal law sets the usury cap at 30%. N.J. Stat. Ann. ???? 2C: 21-19. A check cashing licensee cannot cash or advance money on a postdated check. N.J. Stat. Ann. ???? 17:15A-47.

Small Loan Rate Cap
30% per year

Where to Complain, Get Information:
Regulator: New Jersey Department of Banking and Insurance
Address: 20 West State St. Trenton, NJ 08625
Phone: (609) 292-5360
Fax: (609) 292-5461
Regulatory Contact: Ludi Hughes, Assistant Commissioner
Regulator????????s Website
http://www.njdobi.org/


lrhall41

Submitted by dawnlango7 on Tue, 11/11/2008 - 08:55

( Posts: 1147 | Credits: )


Here is some more info for you:
How much have you paid back on these loans including fee's?

Quote:

Quote:
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.


lrhall41

Submitted by dawnlango7 on Tue, 11/11/2008 - 08:56

( Posts: 1147 | Credits: )


Thank you so much! I really appreciate your thorough response. I guess the only alternative to cutting off the ACH debits and closing my account is just paying these loans off little by little and NEVER getting into this predicament again.

I couldn't find the sample letter to PDL companies you mentioned. Can you send me a link, or just the body of the letter in a post?

Thank you again, so much.


lrhall41

Submitted by virginia65us on Tue, 11/11/2008 - 09:03

( Posts: 3 | Credits: )


I will post one for you, you would just need to tailor it to your needs. Once you figure out how much you have paid or overpaid these pdl's, you can also ask for a refund. You might not get one, but it never hurt to try.

Quote:

To Whom It May Concern:

After doing research on internet payday loan laws in the state of Connecticut, 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 Connecticut in general:

Legal Status: Prohibited

Citation:
Usury act applies or small loan act applies. Conn. Gen. Stat.???? 36a-563

Small Loan Rate Cap
30.03% apr or $17 per $100 up to $600; $11 per $100 up to $1,800; add-on interest.

I have contacted the Connecticut Office of Financial Institutions and the Connecticut State Attorney General's Office regarding your internet payday loans and was informed they are indeed illegal in Connecticut and was advised to pay what is due according to principle amount only of the loan.

To date, I have paid $525.00 DOLLARS on my $250.00 DOLLAR loan. The legal amount that could have been charged to my loan is the principal amount of $250.00 DOLLARS even if your internet pay day loan was legal in Connecticut. I have paid $525.00 DOLLARS on this loan by your debits of my bank account. Please mark this account as PAID IN FULL.

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 state Attorney General's Office.

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. Once I inform you of this, you must stop the telephone contact immediately or you will be once again breaking the laws of the state of Connecticut.

You are also hereby notified that I am revoking any voluntary wage assignment I may or may not have signed. 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 am revoking your right to debit my checking account any longer. You, your company, or your affiliates are not authorized to debit my checking account at all. Please be aware that I have informed my financial institution of this situation and they will also be receiving a copy of this correspondence. Any further attempts at debiting my account will be rejected by my financial institution.

I must also inform you that I have filed complaints with the Better Business Bureau, the Federal Trade Commission, and my state Attorney General's Office.

I expect a response from your company no later than 5/2/2008, regarding this matter. This response may only come via US Postal mail or email. No telephone contact is permitted.

Thank you,


lrhall41

Submitted by dawnlango7 on Tue, 11/11/2008 - 09:13

( Posts: 1147 | Credits: )


Thanks so much for your help.

Did you find that most of them left you alone after you sent the letters? Any harassing phone calls?

I really appreciate the speedy replies. I feel better already! What a mess.


lrhall41

Submitted by virginia65us on Tue, 11/11/2008 - 09:21

( Posts: 3 | Credits: )


Is Langhorne Debt solutions a legal company that can help me and are payday loans illegal in Vermont too.


lrhall41

Submitted by on Mon, 07/13/2009 - 08:54

( Posts: | Credits: )