logo

Debtconsolidationcare.com - the USA consumer forum

jamos2

Date: Tue, 12/08/2009 - 12:47

Submitted by anonymous
on Tue, 12/08/2009 - 12:47

Posts: 202330 Credits: [Donate]

Total Replies: 17


i'm sure your tired of posting the same thing over and over but i'm still a little confused on the payday loan legal/illegal issue...

i live in ny and have 9 pdl open right now. i called the nys ag and they told me that they really didn't have any information on paydayloans- only that they can charge whatever interest their home state allows - and i should call the nys banking department, who then told me they couldn't help me and to contact the nys lawyer referral service.

the loans i have are:
GECC(cashdirect) $250
Cashjar $350
Arrowhead Investments $400
NLS Cashadv(signmyloan.net) $250
Unitedcash $400
paychecktoday $300
summit group $300
usfast cash $350
clearwater(sandpoint capitol) $200

i have paid the interest only on most of these loans but its to the point that i can't even afford that.

what would my best course of action be??


i have paid:

GECC: I originally had a loan for $250, i made 4 payments of $55 then refinanced, they deposited $449.46 in my account and i've since made 2 payments of $108 each

Cashjar - borrowed $400 have since paid $500.00

Arrowhead investment - borrowed $400, made 2 payments of $120 each

NLS Cashadv(signmyloan) - borrowed $250.00, made 2 payments $76

Unitedcash - borrowed $400, have paid 400

Paycheck today - borrowed $300, i have made 4 payments of $90 each

Summit Group - borrowed $300, i have made 4 payments of $90 each

USFast cash - borrowed $350 - no payments made yet

Clearwater(sandpoint capitol) - borrowed $200 - no payments made yet


thanks in advance for any help you can give!!!!


lrhall41

Submitted by on Tue, 12/08/2009 - 13:45

( Posts: | Credits: )


RE contacting the AG, NY Banking Dept., etc; does NY have a financial regulatory commission not JUST dealing with banking? I would think they do. I'm sure if you can find a contact for that agency they might be able to help you. However, as noted above, the loans you have aren't legal in NY.


lrhall41

Submitted by on Wed, 12/09/2009 - 04:15

( Posts: | Credits: )


i couldn't find anything on a financial regulatory commission in nys - everything i found referred me back to the ny banking dept.
when i send the pdl people the c&d letters, do i send a copy to the nys ag and nys banking dept ~ i'm just worried since they didn't seem to help on the phone. if fact the woman i spoke with in the ag's office told me that they could charge me whatever their home state allows. i asked about the 25% cap and she said she had never heard of that. if the loan was issued from florida, then their state laws apply etc...


lrhall41

Submitted by on Wed, 12/09/2009 - 04:30

( Posts: | Credits: )


Quote:

Originally Posted by Anonymous
i couldn't find anything on a financial regulatory commission in nys - everything i found referred me back to the ny banking dept.
when i send the pdl people the c&d letters, do i send a copy to the nys ag and nys banking dept ~ i'm just worried since they didn't seem to help on the phone. if fact the woman i spoke with in the ag's office told me that they could charge me whatever their home state allows. i asked about the 25% cap and she said she had never heard of that. if the loan was issued from florida, then their state laws apply etc...


does this person have a name?call again.if the same woman answers get her name,and ask to speak with someone else.then let them know they have an imebcile in their office.i'm sure they will have a different point of view.if she is gonna ignore her state laws,and not even know them completely.then she shouldn't have that job.


lrhall41

Submitted by paulmergel on Wed, 12/09/2009 - 05:14

( Posts: 15514 | Credits: )


Go to: www.paydayloaninfo.org
It's a consumer information website about payday loans. When I sent my letters to the pdls I had, I incorporated the part about payday loans being illegal in NJ into my letter. Here's the part for New York from the website:
New York State Information

Legal Status: Prohibited
Citation:
Licensed lender law applies but interest rate is that agreed to by contract. N.Y. Banking Law 340 et seq. A check casher licensee cannot make loans nor cash or advance any moneys on a post dated check unless it is a payroll check. N.Y. Banking Law 373. Criminal law sets the usury cap at 25%. N.Y. Penal Code 190.40.

Small Loan Rate Cap
25% per year

Where to Complain, Get Information:
Regulator: New York State Banking Department
Address: One State Street New York NY 10004
Phone: 1-877-BANK-NYS

[SIZE=2][/SIZE]
I would send your letters with a copy to this authority. Don't pay attention to the dweebs who answer the phones. They usually don't know anything.
[SIZE=2][/SIZE]
Good luck.


lrhall41

Submitted by aubrey on Wed, 12/09/2009 - 06:34

( Posts: 1203 | Credits: )


Quote:

Originally Posted by Anonymous
i couldn't find anything on a financial regulatory commission in nys - everything i found referred me back to the ny banking dept.
when i send the pdl people the c&d letters, do i send a copy to the nys ag and nys banking dept ~ i'm just worried since they didn't seem to help on the phone. if fact the woman i spoke with in the ag's office told me that they could charge me whatever their home state allows. i asked about the 25% cap and she said she had never heard of that. if the loan was issued from florida, then their state laws apply etc...


Insert the laws below, N.Y. laws apply to you.
http://www.paydayloaninfo.org/stateinfo/NY.asp


lrhall41

Submitted by Shazzers on Wed, 12/09/2009 - 06:34

( Posts: 17344 | Credits: )


okay after an hour on the phone to 3 different people.... NYS is so helpful....
they have told me to just file the complaints ... i will be doing that tomorrow along with sending my cease and desist emails... my bank account will be closed tomorrow morning as well. after i send the c&d emails i will print and snail mail them also. when i snail mail those i will also send a copy of them to the NYS banking department...am i forgetting a step in there??


lrhall41

Submitted by on Wed, 12/09/2009 - 15:56

( Posts: | Credits: )


update - bank account was closed and c&d letters emailed. i will be sending them a copy via snail mail tomorrow. started filling out the complaints with the AG - hopefully will get those done over the weekend.

after those are done i will send a copy of my c&d letters to the nys banking dept. - should i also include a copy of the nys ag complaints???


lrhall41

Submitted by on Thu, 12/10/2009 - 10:19

( Posts: | Credits: )