logo

Debtconsolidationcare.com - the USA consumer forum

Help

Date: Tue, 10/27/2009 - 11:16

Submitted by ed zombirt
on Tue, 10/27/2009 - 11:16

Posts: 19 Credits: [Donate]

Total Replies: 15


I am new to the site and I hope that someone can help me-I got in way over my head like everyone else and now don't know how to get out of this mess!I live in Michigan and have loans through the following companies:
USFASTCASH-300
STARCASH-300
EASTSIDE-600
VCFUNDING-500
LOANSHOP-500
PANAM-500
BLACKCARD-400
DOLLARFLASH-400
SUMMIT-300
UNITED-300
ARROWHEAD-300
IMPACT-400
I'm not sure of all I've paid into them but I definitely want to get out of them-obviously I kept getting one to pay off the next but now I'm out of options.Hopefully someone can assist me. Thanks
Enter Your Samebox Message:
Reply With Quote


Well I went to Charter One today and closed my account but they said they can't stop ACH payments-even though I closed the account. She mentioned they could set up a writ or something to make sure I would not be charged any fees but I wasn't sure if that would serve any purpose.I already stopped my direct deposit so nothing will be going in and I waited until everything cleared before closing it.What is my next step?I talked to OVLG yesterday and he said it would charge 1400(14 lendersX100)plus other fees to handle this for me even though he said alot of the lenders are illegally lending money anyway.I just want to make sure that I don't get charged for anything because that is why I originally got into this mess to begin with-to avoid overdraft fees!


lrhall41

Submitted by ed zombirt on Tue, 10/27/2009 - 12:51

( Posts: 19 | Credits: )


Here ya go. Bring this to the bank. The law is the law !!!!!

Per the Electronic Funds Transfer Act:

Quote:
?? 205.10 Preauthorized transfers.

(a) Preauthorized transfers to consumer's account--(1) Notice by financial institution. When a person initiates preauthorized electronic fund transfers to a consumer's account at least once every 60 days, the account-holding financial institution shall provide notice to the consumer by:
(i) Positive notice. Providing oral or written notice of the transfer within two business days after the transfer occurs; or
(ii) Negative notice. Providing oral or written notice, within two business days after the date on which the transfer was scheduled to occur, that the transfer did not occur; or
(iii) Readily-available telephone line. Providing a readily available telephone line that the consumer may call to determine whether the transfer occurred and disclosing the telephone number on the initial disclosure of account terms and on each periodic statement.
{{10-30-98 p.7369}}
(2) Notice by payor. A financial institution need not provide notice of a transfer if the payor gives the consumer positive notice that the transfer has been initiated.
(3) Crediting. A financial institution that receives a preauthorized transfer of the type described in paragraph (a)(1) of this section shall credit the amount of the transfer as of the date the funds for the transfer are received.
(b) Written authorization for preauthorized transfers from consumer's account. Preauthorized electronic fund transfers from a consumer's account may be authorized only by a writing signed or similarly authenticated by the consumer. The person that obtains the authorization shall provide a copy to the consumer.
(c) Consumer's right to stop payment--(1) Notice. A consumer may stop payment of a preauthorized electronic fund transfer from the consumer's account by notifying the financial institution orally or in writing at least three business days before the scheduled date of the transfer.
(2) Written confirmation. The financial institution may require the consumer to give written confirmation of a stop-payment order within 14 days of an oral notification. An institution that requires written confirmation shall inform the consumer of the requirement and provide the address where confirmation must be sent when the consumer gives the oral notification. An oral stop-payment order ceases to be binding after 14 days if the consumer fails to provide the required written confirmation.
(d) Notice of transfers varying in amount--(1) Notice. When a preauthorized electronic fund transfer from the consumer's accounts will vary in amount from the previous transfer under the same authorization or from the preauthorized amount, the designated payee or the financial institution shall send the consumer written notice of the amount and date of the transfer at least 10 days before the scheduled date of transfer.
(2) Range. The designated payee or the institution shall inform the consumer of the right to receive notice of all varying transfers, but may give the consumer the option of receiving notice only when a transfer falls outside a specified range of amounts or only when a transfer differs from the most recent transfer by more than an agreed-upon amount.
(e) Compulsory use--(1) Credit. No financial institution or other person may condition an extension of credit to a consumer on the consumer's repayment by preauthorized electronic fund transfers, except for credit extended under an overdraft credit plan or extended to maintain a specified minimum balance in the consumer's account.
(2) Employment or government benefit. No financial institution or other person may require a consumer to establish an account for receipt of electronic fund transfers with a particular institution as a condition of employment or receipt of a government benefit.

[Codified to 12 C.F.R. ?? 205.10]

[Section 205.10 added at 44 Fed. Reg. 59471, October 15, 1979; amended at 45 Fed. Reg. 8265, February 6, 1980, effective May 10, 1980; 61 Fed. Reg. 19672, May 2, 1996]


lrhall41

Submitted by on Tue, 10/27/2009 - 13:31

( Posts: | Credits: )