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How do you find out if Legal?

Date: Mon, 09/22/2008 - 00:44

Submitted by anonymous
on Mon, 09/22/2008 - 00:44

Posts: 202330 Credits: [Donate]

Total Replies: 28


Is the first step to find out if the companies your dealing with are legal? Can you still stop ACH? I am in PDL total h*ll


Here is some of the info. I am at work so I can't look up how much I have paid to each one. I will add that.
This is really humiliating. Thanks for the help.

Michigan

INTERNET
Cash Advance Network 300
my cash now 650
One Click Cash 300
United Cash Loans 300
Paycheck Today 300
One Step 400
Cash Transfer Centers 800

STOREFRONT
Check into cash 500
Check N Go 600


lrhall41

Submitted by on Mon, 09/22/2008 - 08:11

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woodsje I know how difficult it can be, but you are among friends and no one is here to judge you. I am going to post Mi pdl laws here shortly, we will need to find out if any of these Internet lenders are legal before we can plan a course of action. Let me ask you this, have you defaulted on your store front loans yet? If you haven't, you may want to ask them for the EPP plan, that is available to people only if they ask for it, and the store fronts would need to be members of the CFSA, I believe both of your store fronts are members. The EPP (extended payment plan) will allow you to pay off these loans in four equal payments on each of your paydays. Since store fronts are usually legal I would encourage you to take care of these first. You must request the EPP plan at least one day before your next payment is due. :)


lrhall41

Submitted by Shazzers on Mon, 09/22/2008 - 08:17

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Michigan requires Internet based pdl's to be licensed by your state to be a legal lender.


Quote:

Michigan State Information

Legal Status: Legal

Citation:
Mich. Comp. Laws 487.2121 et seq.

Loan Terms:
Maximum Loan Amount: $600
Loan Term: Max: 31 days
Maximum Finance Rate and Fees: 15% of first $100, 14% of second $100, 13% of third $100, 12% of fourth $100, 11% of fifth $100, 11% of sixth $100 + any database verification fee
Finance Charge for 14-day $100 loan: $15
apr for 14-day $100 loan: 390%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: One with licensee or more than one with any other licensee
Rollovers Permitted: None (cannot renew; lender may extend only if it does not charge a fee)
Cooling-off Period:
Repayment Plan: Yes

Collection Limits:
Collection Fees: One $25 returned check charge
Criminal Action: Prohibited

Where to Complain, Get Information:
Regulator: Michigan Office of Financial and Insurance Services
Address: P.O. Box 30220 Lansing MI 48909
Phone: (877) 999-6442
Fax: (517) 335-4978
Regulatory Contact: ,



lrhall41

Submitted by Shazzers on Mon, 09/22/2008 - 08:19

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One Click Cash, are unlicensed/illegal to lend in any state in the US.

Cash Advance Network, United Cash Loans & Paycheck Today are all part of MTE and will not be licensed. What this means is you are only obligated to pay them back the principal amount borrowed. You will need to get your bank account secured asap, but if I were you I would FIRST take care of the store front loans.


lrhall41

Submitted by Shazzers on Mon, 09/22/2008 - 08:33

( Posts: 17344 | Credits: )


By secured, I mean you will need to either place a hard debit block on your bank account (usually only Branch Managers are authorized to do so) or close out that account, if you don't, these companies will continue to steal your money. Sending them an ACH block will not stop them as they will only change their names and the amount of money they debit. I hope the information below will help you. :)
[quote]You are only obligated to pay back the principal amount you borrowed from an unlicensed/illegal Internet Payday Lender.

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. :)[/quote]


lrhall41

Submitted by Shazzers on Mon, 09/22/2008 - 08:42

( Posts: 17344 | Credits: )


Quote:

New Jersey payday lenders are not legal, either because of restrictive laws, or because the state does not license companies not located in that state, but requires a state issued license to lend.



Quote:
New Jersey State Information

Legal Status: Prohibited

Citation:
Consumer loan act applies but rates as agreed to by contract. N.J. Stat. Ann. tit. 17,???? 1 et seq. However, criminal law sets the usury cap at 30%. N.J. Stat. Ann. ???? 2C: 21-19. A check cashing licensee cannot cash or advance money on a postdated check. N.J. Stat. Ann. ???? 17:15A-47.

Small Loan Rate Cap
30% per year

Where to Complain, Get Information:
Regulator: New Jersey Department of Banking and Insurance
Address: 20 West State St. Trenton NJ 08625
Phone: (609) 292-5360
Fax: (609) 292-5461
Regulatory Contact: Ludi Hughes Assistant Commissioner


lrhall41

Submitted by Shazzers on Mon, 09/22/2008 - 08:53

( Posts: 17344 | Credits: )


Yes. One Step Cash.

I went to my bank at lunch. They are going to put a stop on all debits. I'm sure I have paid way more to all of them than the principal. I am at work so I will need to work on this more later. I appreciate the guidance and will be spending the evening on this site.


lrhall41

Submitted by on Mon, 09/22/2008 - 10:10

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FYI: Please see e-mail below

To: Joy Woods

From: InterceptEFT

Subject: Payday Loan Transactions



Thank you for contacting InterceptEFT regarding the issues you are experiencing with the following company????????s. MTE Financial, OneclickCash, United Cash Loans, ONESTEPCASH, Northway Financial.

Our research reveals that as of this date, Intercept has not received transactions returned as unauthorized for the above-referenced company. According to NACHA rules (National Automated Clearing House Association), as a consumer the appropriate steps to take in order to return transactions as unauthorized or authorized revoked are:

Contact your bank, the RDFI (Receiving Depository Financial Institution)
Complete and provide a Written Statement Under Penalty of Perjury to your bank


Your bank can then return the transaction(s) as unauthorized to the originator of the transactions.



Once Intercept has received a transaction returned unauthorized or authorized revoked, it is our policy to honor the request to not allow any future credit or debit transactions to that account.

Please be aware that Intercept processes ACH electronic transactions only. If there are any check drafts or electronic checks processed against your account, those transactions are not processed through the ACH electronic transaction network and InterceptEFT will not be able to assist you with those particular transactions.

At InterceptEFT, we are extremely sensitive to customer complaints. Please be assured we will work with you the best we can to resolve your concerns. Listed below is the contact information for the company that originated transaction(s) to your account through InterceptEFT. Please contact the company directly for further resolution:



(MTE Financial)

(800) 992-9200)



Northway Financial

(866) 958-3278



ONESTEPCASH

(480) 212-1131



UNITED CASH LOANS

800-290-7017



Oneclickcash

(800) 430-1450



Sincerely,



InterceptEFT

800-378-3328

701-499-5374 fax







P Please consider the environment before printing this email.


lrhall41

Submitted by on Mon, 09/22/2008 - 10:14

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Unless they're harassing you for more money on the previous loan I would just let sleeping dogs lie. You'll have enough to deal with on the active loans. :? Although, when you file complaints, if you also over paid the previous loan it wouldn't hurt to mention it, ya never know, you just might get a refund, I wouldn't hold my breath though. :?


lrhall41

Submitted by Shazzers on Mon, 09/22/2008 - 19:34

( Posts: 17344 | Credits: )


The reason i asked that question about previous loans is I have way overpaid on cash transfer, onestepcash and mycashnow, because I have to keep taking out loans

Here is what I have paid ( all active)
Cash Transfer 800 pd 0
Oneclickcash 300 pd180
cash advance network 300 pd 180
mycashnow 650 pd 834
paycheck today 300 pd 180
unitedcash loans 300 pd 180
onestepcash 400 pd 0


lrhall41

Submitted by on Mon, 09/22/2008 - 19:54

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Ok, so my bank is supposed to put a stop on all debits tomorrow. The PDL's will not be trying to debit until the 30th (monthly pay), do i send the e-mails tomorrow? Sorry, I'm getting confused. Then I should let my job know and file complaints to certain agencies. Is there something I am missing? Also, legal or not I have to pay the principal right?Thanks for all the advice Shazzers.


lrhall41

Submitted by on Mon, 09/22/2008 - 20:17

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It can be very confusing, I know what you mean. Now that you have secured your bank account I would say it's safe to send out the letters. Once they receive them you can expect that they will immediately attempt to debit your account, and most likely for the full amounts, but you have all debits blocked so they won't get any money from you (YAY!). Next the phone calls and threats will probably begin, don't talk with them on the phone, only communicate via email. Make your demands clear when you respond to their emails, keep stressing to them that they are lending illegally and you will not tolerate their threats!

Oh and, yes, you are only obligated to pay the principal amount to the illegal lenders. I would opt to pay them certified mail-return receipt requested via money order. It is up to them to supply you with a valid mailing address, tell them-no address-no payments. Throw the ball back in their court! :wink:


lrhall41

Submitted by Shazzers on Tue, 09/23/2008 - 07:16

( Posts: 17344 | Credits: )


I like that idea shazzers, im taking that advise as well. My acct was closed last fri and i am still getting together what i need to get my letters sent out. I wasnt sure if i send the letters then do complaints to the BBB, attorney gen and Federal trade commission. So i would send them letters First then go from there if they do not want to agree to my terms or will not work with me?
I am so worried about the calls!! I just want them taken care of.
I have a couple of loans that have not been taken out yet due to when i took them out one is astro lending and the other Big, is astro legal in michigan i cant find that answer and i have found this big int is not good at all!! What do i do with them, same thing?
thank you again sooo much
wendy


lrhall41

Submitted by wendylynn93 on Tue, 09/23/2008 - 07:32

( Posts: 195 | Credits: )


I really don't think that Astro is licensed to lend in Mi., I'm not sure if they go by another dba or not, you might try doing a search on them at this forum and see if you can uncover some information on them, just type in their name in the search box in the upper right hand corner of this forum. Also, if you want to be 100% possitive they aren't licensed in MI., try calling Michigan Office of Financial and Insurance Services at (877) 999-6442, tell them you believe you are dealing with an illegal lender and need to know what their license number is. Usually the DFI is helpful, at least they were in Ohio. :D


lrhall41

Submitted by Shazzers on Tue, 09/23/2008 - 08:48

( Posts: 17344 | Credits: )


has anyone heard of UC Financial? I am trying to locate a phone number or email for them and have been unable. I have a pdl with them that was for 400 and have paind 1,035 so far and am not going to pay anymore. I need a contact though...


lrhall41

Submitted by jbmartin_14801 on Tue, 09/23/2008 - 11:26

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I have five pdls and I need to know if they are licensed in MS. They constantly debit my account so it is currently overdrawn over $1,000.

Netcashusa Borrowed $500 Paid $750
ameriloan borrowed $400 Paid $270 BAL $600
United Cash Loan borrowed $300 paid $90 BAL $600
Money and More borrowed $255 owe $325
Loan Pointusa borrowed $400 paid $240

They are all in default could anyone please give me some advice.


lrhall41

Submitted by on Thu, 09/25/2008 - 12:28

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I have the following internet PDL's -Texas

Check n go 600
First Bank of Delaware 400 left those are installment loans
Emerald Marketing 300 which they are telling me 528 or settlement offer 268
Americash 500 which they are telling me I owe them 690-They are working with me on monthly payment plan starting in Nov at 172.00 for the next 4 months.Which stupid me signed an email letter stating that they will not charge any more additional charges or report me as long as I keep with the plan
Cash Central 311

Thanks,


lrhall41

Submitted by on Thu, 09/25/2008 - 13:20

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