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Pay Day Loans in Mississippi

Date: Tue, 11/25/2008 - 13:56

Submitted by anonymous
on Tue, 11/25/2008 - 13:56

Posts: 202330 Credits: [Donate]

Total Replies: 4


Hello, I have payed off all but one of my payday loans and it is with a company named ACHLoan.com, It is an internet lender. The total for the loan was 200. and I have payed in a wopping 518.00 and they have contenued to roll over the debt and charged me intrest for the loan. Can they do this? How can I stop it? I dont have the 274.00 to pay the total all at once and thats the only option they give me, either continue to pay the 74.00 or pay the 270.00. Is this leagle in my state of Mississippi?


Hi Serpintina,

Here are the law's for Mississippi:
[quote]
Mississippi requires Internet based pdl's to be licensed by your state to be legally lending to Mississippi residents.

Quote:
Mississippi State Information

Legal Status: Legal (Applies to check cashers only)

Citation:
Miss. Code Ann. ???? 75-67-501 et seq.

Loan Terms:
Maximum Loan Amount: $400
Loan Term: Max: 30 days
Maximum Finance Rate and Fees: 18% of check
Finance Charge for 14-day $100 loan: $22
apr for 14-day $100 loan: 572%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: Not Specified
Rollovers Permitted: None (cannot renew or otherwise extend)
Cooling-off Period:
Repayment Plan:

Collection Limits:
Collection Fees: NSF fee; Court-awarded fees (if disclosed)
Criminal Action: Prohibited (When check returned due to NSF)

Where to Complain, Get Information:
Regulator: Mississippi Department of Banking and Consumer Finance
Address: 901 Woolfolk Building, Suite A 501 N. West Street Jackson MS 39201
Phone: (601) 359-1031
Fax: (601) 359-3557
Regulatory Contact: Ronny Harrison,, Chief Examiner, Consumer Finance

[/quote]


lrhall41

Submitted by dawnlango7 on Tue, 11/25/2008 - 14:01

( Posts: 1147 | Credits: )


ACHloan.com is based out of Ireland, they are not legal or supposed to lend to residents of Mississippi. You can try to block them from your account, but they may change their name or the amount they debit. Here is some more info for you:
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, 11/25/2008 - 14:04

( Posts: 1147 | Credits: )


Does anyone have an example letter for the State of Mississippi? I am not sure how to write a letter to this company to tell them that they are not leagle in my state of in this country. I am going to be defaulting on this loan and requestiong a return of $240.00 in over payments form ACHloan.com. Can anyone help me with this process?


lrhall41

Submitted by on Tue, 11/25/2008 - 14:39

( Posts: | Credits: )


Here is a letter you can use, you need to update it for your needs:
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 $825.00 DOLLARS on my $300.00 DOLLAR loan. The legal amount that could have been charged to my loan is the principal amount of $300.00 DOLLARS even if your internet pay day loan was legal in Connecticut. I have paid $825.00 DOLLARS on this loan by your debits of my bank account and have overpaid by $525.00. Please mark this account as PAID IN FULL and send me a refund of $525.00.

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, 11/25/2008 - 14:55

( Posts: 1147 | Credits: )