Payday Loans took Over my life, can anyone help?

bea, it's okay! I hate to see you so upset! Try to calm down and go to the bank, okay? Sit with the branch manager. Ask EXACTLY what is going on. Please don't be so upset. After you go to the bank, let us know what's going on. Your bank manager should get this straightened out for you. Please try to calm down and not be so upset. I am sooooo sorry for you.

First off just call the lenders and get there money gram info or address and mail in what you can as long as they accept your payment they cant do nothing to your account. :D

guest, that is not always true. Pdls will continue to debit if your bank account is open/active.

Hi bea2i... i am so sorry that you are having this trouble. Cannr was really helpful and one thing i had to do when i went into the bank was EXPLAIN your situation thouroughly... that way the tellers/managers know how to help you... I don;t know where you are but I bank at commerce bank and when i tried to put a hard block on the account, they advised me that the only true way to ensure they don't get the money is to close the account... The only thing is you have to have all of your nsf fees paid down and the account at 0.00 in order to close...
that was monday, the pdl's tried to take their money today... and they got rejected.

im am so thankful for stumbling onto this site

Hello, I also bank at Commerce but they were giving me an awful time.. I actually had to get customer service involved but it's hopefully all good now :)
I appreicate everyone's advice.

Hey, another thing - I got a letter from the BBB yesterday and it said they would not accpept my complaint against VIP Cash.. they said they will accept it as a comment. I don't know why - has anyone come across this? BBB accepted mine with Geneva Roth, but not VIP? It doesn't make sense because I used the same template with both..

A comment? What the hell does that mean? Did they say they weren't going to consider it a "complaint"? What the hell is a "comment"???

i have no idea! they said it was a comment that could reflect on the company. I have no idea why they would not consider it a complaint! that really had me stressed

i was about to let that go, though since i did file with the state's attorney general.. it just seemed off because they really did give me an illgeal loan.. i'm tempted to put in another report, what does anyone think?

bea, I'll just tell you what I did. I filed again. If they gave me some kind of "funky" reason they wouldn't take my complaint, I filed again and worded it a little differently yet still making my point. As long as you filed with your state AG, you're good. However, I like to file with the BBB because they will contact the company quicker. But, if they keep blowing you off, fine - since you filed with the state AG. However, I'm a "hound" and keep filing! :lol:

yea, i filed again, too actually.. i'm not the type to let stuff go..

Let us know how this one works out. Hopefully they'll "take" it.....

Guest, take the plunge. Close your bank account and see if you can make arrangements.

Good Morning or Afternoon, I know how you feel because I am there right now. I live in NC where payday loans are illegal too. I have not heard from the Attorney General office but in my opinion no news is good news. You can get from under this "trap". Just follow the advice of all of the people in the panel and you will make it. Cannr and some of the others have a letter posted somewhere on site where you can e-mail, fax and mail to the payday companies that you owe that you will pay the amount that you borrowed only. Good Luck and God Bless.

Also tell them that there will not be any payment by debit, money gram or western union. Only money order.

Thanks again everyone - for the most part things have been quiet - i guess no news is good news, but i sure hate waiting.. i am so mad at these stupid loans, they ruined everything - i have three collections agencies after me for credit cards i couldn't pay because of these horrible loans and it's so hard. it's a huge snowball - awful.

Bea, Hang in there before you know it, thise will be taken care of too. :D

:) thanks.. the only real relief about these loans are that they are not legal in my state - that gives me comfort over the credit cards, who scare me to death! However, I couldn't even start to tackle the credit cards without this board giving me the strenght to close my checking account - thanks so much!

Just hang in there. That is all I have been able to do. I have some PDL's who are wanting payments and some who will work with me and others who say they will send me to court. I am not sure where to start first. The credit card companies will either charge off the account or possible sue you, but if they do before it goes to court you can work out payments with the attorney most times. By then you should be in better shape?
I have not yet made the positive strides you all have done. I did pay off one totally. but then I backslid on others as I was in OD.
I am going to start working another job two days a week for extra money and start trying to pull myself back together.

thanks, egypt - i'm trying real hard but it's still hard.. money is still so tight. maybe because i know these loans in prohibited in my state but the credit cards scare me more than these monsters.. i still don't like them though and was offended that bbb didn't consider it a valid complaint :)

Ok, the saga continues. Yesterday I had a missed call from (866) 489-0979. At first I thought it was due to a creditor as I am dealing with three right now. But after researching the number, I am pretty sure it's a collector for Geneva Roth (The company name is Smith Haynes & Watson) I don't want to even speak with these people, i am going to file reports tonight and send DV, C & D letters right after work. Any advice on what to do? These loans are not even legal in my state!

another question - the BBB has closed my geneva roth complaint as satisfied! huh? what can I do about this awful company???

The number belongs to Smith Haynes and Watson. I believe it's collecting for Geneva Roth. I did searches on the company but cannot find an address! I need an address please if anyone has it, so I can send out DV/C & D letters, as well as filing reports - somone please help..
EDIT: I found the address:
Smith Haynes & Watson, LLC
6950 W 56th St.
Mission, KS 66208
Their website is smithhaynes.com

Can someone please offer any kind of advice on how to deal with them? I am filing reports and sending those letters asap. But can I file any reports unless I have spoken to them and know 100% what they want? I really don't wanna call them as I always blow it. Please, please, please someone help me ASAP.
Thanks.

Bea2ls, it's my understanding that you would send them a debt validation letter and not worry about calling them. Also from reading through posts out here: If they make contact with you they also have to send you something in writing within a few days. So if they don't then I think you can file complaints...if I am wrong I am sure someone will be by to let us know.

Good Luck sweetie, it's all going to be ok..

Thanks so much - I guess with everything going lately, I got a little report happy ;) But as I was starting to file with BBB, I realized that I can't complain about these people - yet ;)
Either this evening or tommorow morning, a debt validation and C & D letter will go out. Than I guess I will wait (I hate that part!) Does that sound ok?

Sounds like a plan to me...keep us posted...but it can be a waiting game for sure....but don't take calls, just send letter.

take care..

i have gotten this from the FTC: (is this standard?)
May 15, 2008
Thank you for your correspondence regarding debt collection practices. The Federal Trade Commission enforces the Fair Debt Collection Practices Act ("fdcpa" or "Act"), which prohibits unfair, deceptive and abusive debt collection practices by collection agencies and other third-party debt collectors. It also gives you certain rights when you are being treated improperly by a debt collector. Although the FTC staff is not in a position to intervene on your behalf in resolving your problem, we would like to outline some of the provisions of the Act for you and explain how you can use it to avoid further distress. We note at the outset, however, that the Act generally does not cover either the collection of commercial debts or the collection activities of the party to whom you allegedly owe your debt (the creditor) so long as the creditor is collecting in its own name. The Act applies only to third-party debt collectors collecting consumer debts. Congress enacted the FDCPA in 1977 in response to mounting evidence of the use of improper debt collection techniques in the marketplace. The Act prohibits several of these techniques, including, for example, disclosing consumers' debts to most third parties without the consumers' consent. It also forbids false threats to coerce payment (such as threats of suit or other actions when they probably will never occur) and any sort of oral harassment (such as threats of violence, profanity, and continuous calls) over the telephone. No calls may be made very early in the morning or late at night, calls to a consumer at work are restricted, and debt collectors may not add charges to the debt unless the consumer has agreed to them or they are permitted by state law. Finally, a debt collector may not sue a consumer outside the district (1) of the consumer's residence or (2) where the contract creating the debt was signed.
If you believe that you do not owe the debt, you may file a dispute with the debt collector. If you do so in writing within thirty days of the date the collector notifies you of this right, the Act requires the collector to stop all collection efforts until it provides you with written verification of the debt. The Act also specifies that the debt collector inform you of this requirement at the beginning of the collection process. If you were not so informed, the collector violated the law.

Instead of filing a dispute, you may choose to send them a letter demanding that the debt collector cease all further collection efforts. If you do so in writing, the Act requires that the collector comply with the demand. We suggest that you send the letter by certified mail, return receipt requested, and keep a copy for your records. Please note, however, that sending a cease communication letter does not prevent the debt collector or the creditor from filing suit against you. It does, however, prevent them from calling you and sending collection notices.

If you believe that the debt collector that is contacting you violated the law in this or any other way, you may additionally:

1) File a complaint with your state or local consumer protection office and/or the party to whom you originally owed the debt (the debt collector's client). If you file a complaint, describe the circumstances in detail and send copies of all written materials received from the collector. Any of these parties might take independent action against the collector.

2) File a private suit against the debt collector in any court for violations of the Act and, if you are successful, receive actual damages, attorney's fees, and additional damages up to $1,000.

Remember, however, that the Act does not function to erase a valid debt, even if a debt collector has violated the law in attempting to collect it from you. If you really owe the debt, you will still have to cope with the consequences of non-payment if you do not pay. Remember also that some collection techniques, while unpleasant or distasteful, are not law violations. For example, a debt collector may:

1) Contact third parties solely to determine where you are, so long as the collector does not disclose the existence of your debt.

2) Contact you at work if the debt collector has no reason to believe that your employer prohibits the contact (and you have not filed a cease-communication request).

3) Use a rude or angry tone on the telephone, if the overall communication with you cannot truly be characterized as abusive or harassing.

4) Threaten consequences of non-payment that are truthful. For example, debt collectors may threaten to sue if suit will, in fact, be the result of non-payment. They also may threaten to report your debt to a credit bureau if, in fact, they intend and are legally able to do so. It is to your advantage to know the probable result of withholding payment, if it is accurate.

5) Accept or solicit a post-dated check, if the collector does not deposit it before the date on the check.

6) Refuse to accept a partial payment for a debt (even if you had such an arrangement with the creditor). If there is more than one debt, the collector must credit the account that you designate.

If you owe the debt, we suggest that, before you resort to some of the stronger measures outlined above, you try to work out any payment difficulties, first with the debt collector and next with your creditor. Finally, if you decide to proceed further, or if you think that the collector or creditor is about to take legal action against you, be sure to contact your local legal aid office or an attorney for advice.

Like the FDCPA provisions discussed above, you may also find certain Fair Credit Reporting Act (FCRA) provisions helpful if you believe that a debt collector is providing inaccurate information about you to a credit bureau. To fully protect your rights under the FCRA, we strongly recommend that you dispute the credit report item in writing to both the credit bureau and the debt collector. When you dispute the item to the credit bureau, the FCRA requires that the credit bureau pass your dispute to the debt collector, along with all relevant information you provided. The debt collector must investigate the dispute (which includes a review of the information you provided) and report what it found to the credit bureau within thirty days after you first disputed the item to the credit bureau.

During this same period, the credit bureau must also review the information you provided. If the debt collector reports that the credit report item is incorrect and should be deleted, or fails to report to the credit bureau at all within the thirty-day period, the credit bureau must delete the item from its files. If the debt collector reports that the item is inaccurate and should be changed to a less delinquent status (e.g., 30 days late, rather than 120 days late), but not deleted, the credit bureau must make that change in its files.

We hope that this information has been helpful to you. Please be assured that we are always interested in reports of law violations. If we cannot act immediately to remedy them, we will retain whatever you have provided for possible use in future enforcement actions. The efficacy of our FDCPA enforcement program is largely dependent upon information we receive from individuals like you. Thank you for writing.



Sincerely yours,

Does this only apply to debt collectors that are collecting for the creditor. What about collectors that buy the acct from the creditor?

Quote:

I have an update.. geneva roth once again wrote back to my BBB complaint.. Geneva Roth Ventures is not in the business of providing interest free short term loans to consumers for long periods of time, therefore, your offer of $500 is insufficient and will not be accepted.

In an effort to resolve your complaint in a timely manner, Geneva Roth Ventures is willing to accept a one time payment of $650, which would be the equivalent to your loan principal plus one loan fee. Your payment of $650 is due no later than 06/15/2008 via MoneyGram, Western Union or debit/credit card payment. Prepaid credit cards are also accepted over the phone.

You must contact a representative at 1-800-351-8820 Option 5 to arrange payment of your delinquent loan balance. If you fail to make your full payment by 06/15/08, your original balance will be reinstated and collection efforts will resume.
what should i do? they are not working, I am writing back to say i will not accept this because i will not pay fees that arent legal.. i am goign to report them to their attorney general and their ACH proessor, does anyone know who their processor is? i am sick of playing games with them. I have paid thousands in the past to these volutres.

just keep your stance,this is an illegal loan and being that you only owe the principal.i would ask them if they are in the illegal loan business? :lol:

Paul - That was so funny that you said that because I did leave a really sarcastic response! i am just sick of these payday companies playing stupid games with me!

Update: Geneva Roth still calls me, I've been ignoring them and sending them in writing that I will only arrange to pay the principal. They are not budging. Does anyone know which ACH processor they use? How can I find out? The account they once debited is closed but I hear about how they try to find new accounts, etc. and I'm not paying with these clowns.

i'm going through the same situation now with Magnum ICA. they're not getting a dime. thank you for this site it is very informative.

norene, good luck with everything! this thread is over a year old and my payday loan days are 100% in the past :)

I sent a letter via email to Cease and Desist to Rapid Cash yesterday, and I got back a note saying the receipient rejected my email. What should I do?

First of all, please list the following information so we can help you.
-Names of each pdl company.
-Whether they are store front or Internet.
-How much you borrowed.
-How much you paid so far.
-The state in which you reside.
I'm sorry to tell you this, but there is only one sure way to stop the withdrawals, and that is to close your account. If that isn't an option, then tell the bank to put a hard debit block on your account. Before you close your account, read this information at the link below. http://www.debtconsolidationcare.com/paydayloan/close-account.html

Please do not let any of these pdl's know you are going to close your account, until AFTER you have done it!

Magnum Cash Advance, Inc.
1403 Foulk Road, Suite 203
Foulkstone Plaza
Wilmington, DE 19803