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FL online payday question

Date: Thu, 09/22/2011 - 05:09

Submitted by floridadebt
on Thu, 09/22/2011 - 05:09

Posts: 7 Credits: [Donate]

Total Replies: 11


Ok so I've gotten myself into a hole I should have never even thought of doing but long story short one thing lead to another and I owe 3 different online payday lenders money that has been coming out bi-weekly from my paychecks and recently my funds have gone down the drain and I have not had the money to pay them and gotten so much overdraft from my bank. Bottom line is that I had to make it stop and they wouldn't co-operate in either changing the fees or setting up some sort of repayment plan and I went to my bank to get stop payments with their names on it to at least get my account back into a positive balance and be able to pay my bills, so now I had to default on these online lenders my question is what efforts could they go into to try and get me to pay money I owe that I dont have?


we need some more info like

1)names each lender
2)amount borrowed from each
3)amount debited by each before default

you see an internet lender must have a physical presence in FL to be legal.so your loans may not be legal.please provide the info requested and we can help further.


lrhall41

Submitted by paulmergel on Thu, 09/22/2011 - 05:33

( Posts: 15514 | Credits: )


if those numbers are correct then not only are these lenders illegal,but you overpaid them.go to the sticky titled(dealing with illegal lenders)at the top of this very forum.it has all the info you need.btw do not skip steps.the first being to secure/close your account.see the manager only for this.do that and keep us posted please.bottomline you owe nothing further to these places and it's time to regain control over your money.


lrhall41

Submitted by paulmergel on Thu, 09/22/2011 - 06:50

( Posts: 15514 | Credits: )


I just want to be 100% sure of that, the amounts I posted is approximately how much they have already taken out of my bank account and not what I have paid off to them for the loans I have taken out. As far as each lender is concerned I still owe CMG $390, East side lenders $718 and 247greenstreet $486. As far as CMG and East side they have taken money out bi-weekly with my paychecks and the amounts I stated is around how much money they have taken from me yet none goes towards the amount I owe them. As far as 247 green street goes they take out the entire loan and interest you owe them on your next pay day, since I recently say two charges of about $200 some odd from them attempting to go I to my account today which of course wont happen with the blocks I had my bank put on. Now with that being said is what you said still apply with them being illegal?


lrhall41

Submitted by floridadebt on Thu, 09/22/2011 - 07:35

( Posts: 7 | Credits: )


All 3 are illegal in the state of Florida so you don't owe anything more then what you have paid in fact they all owe you refunds. What you need to do is first close your bank account and then follow the advice under the sticky on how to deal with illegal lenders. Next file complaints with the FTC and the most important is the Florida Office of Financial Regulation, you can file a complaint with FL AG but they will just send it to the FOFR for resolution. Know this in FL an unlicensed loan is [COLOR=black]unenforceable [/COLOR]and uncollectable under FL law. Thanks to this site and the FOFR I have been able to get out of all my payday loan hell so trust those on this site and the FOFR and you will be done with these jack asses soon.


lrhall41

Submitted by tousi76 on Thu, 09/22/2011 - 07:45

( Posts: 141 | Credits: )


You may be able to get the refund once they have received the notice from the FOFR but that has only helped me get a refund from 2 of my lenders. I am at this time talking with a lawyer about suing LoanPointUSA for all the money they collected from illegally. I know that East Side Lenders is going to give your crap but they are already under investigation in FL for thier loans so it would not hurt to pressure then for a refund. The other 2 I would have to find out if they try to claim some type of tribal immunity or if they are located in a different country because if either is the case you will never see a refund.


lrhall41

Submitted by tousi76 on Thu, 09/22/2011 - 10:33

( Posts: 141 | Credits: )


Ok so I got this as an email back from one of them so far, can they take my to court if they are in a separate state?

[COLOR=#333399]East Side Lenders is responding to your correspondence regarding the above-captioned account. [/COLOR]
[COLOR=#333399]East Side Lenders, which is located in Delaware, is licensed by the State of Delaware to make small loans. All such loans are approved and funded in Delaware, with repayment to be made in Delaware. The East Side Lenders loan agreement and website contain all disclosures required by Delaware and federal law and make it clear that all transactions are governed by Delaware law. On the advice of counsel, East Side Lenders maintains that the choice of Delaware law as controlling in the loan documents would be upheld, as all of the significant contacts in the loan transaction occur in Delaware. The loan agreement is legal and enforceable. In responding to your correspondence, East Side Lenders notes and reserves all available legal and equitable objections to the points you have raised.[/COLOR]
[COLOR=#333399]East Side Lenders provided this service as a convenience to you. We still consider your loan to be outstanding and are prepared to go to arbitration as provided for in the Loan Agreement between us. As an alternative, if you are experiencing financial hardship, we will be happy to speak to you about payment arrangements through which you can successfully meet your payment obligations. East Side Lenders will consider doing so because of our continuing commitment to servicing our customers and not because of a legal obligation to do so. [/COLOR]


lrhall41

Submitted by floridadebt on Fri, 09/23/2011 - 21:51

( Posts: 7 | Credits: )


Yea they sent the exact response to me as well. Responded by telling the per FL statute ch 560 parts II and III no matter the location of the lender that they must be licensed in the state of FL to process loans to FL residents and that you have filled complaints againts them with the Florida Office of Finacial Regulation and that you are still demanding a refund. They will continue to state that they don't have to follow FL law until they receive the complaint from the FOFR and then they shut up about that.


lrhall41

Submitted by tousi76 on Sat, 09/24/2011 - 15:32

( Posts: 141 | Credits: )