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Debtconsolidationcare.com - the USA consumer forum

Need Help for Delaware

Date: Tue, 08/17/2010 - 06:57

Submitted by boygirlbabies
on Tue, 08/17/2010 - 06:57

Posts: 13 Credits: [Donate]

Total Replies: 14


Ok folks. I am so glad that I joined his board. I currently have 10, yes, 10 loans. None of which are storefronts. I live in Delaware and am sinking trying to take care of three kids and pay all these loans. Any insight you may have would be great. All loans are paid every 2 weeks.

My cash now $500/100 Full balance still outstanding
Ace $300/90 Full balance still outstanding
VIP Loan Shop 350/105 (paying down)
Sandpoint Capital $300/90 Full balance still outstanding (have been paying just the finance fee for several months - well past the 4 allowable roll overs)
JHS Marketing $300/90 Full balance still outstanding (have been paying just the finance fee for several months - well past the 4 allowable roll overs)
Integrity Advance $250/108 (paying down)
Cash Banc $600/180 Full balance still outstanding
Fast and Reliable Cash $500/175 Full balance still outstanding
National Payday Loan $500/200 (paying down)
Vince 250/75 (paying down)

I need advice as to if I should close my account completely (all loans have just been taken out this Monday so there will be no new ACH's put through for another week or so), freeze my account so that it is a deposit only account, change my paycheck to go into my other checking account (no loans come out of this one and it is an entirely different bank)?

Sorry for all of the questions but I don't want ach's reopening the account and I do not want to get into trouble legally by closing the account, therefore causing me issues later.

My plan of attack is to freeze my account, change my pay check to be deposited into another bank account at another bank, write letters stating that I revoke all approvals to take ach's out of my account, for those lenders who have been rolling over for more that 4 times I will state that in the letter, and that the only means of communication is through email or US mail. I will NOT have them harrassing me at work! How does that sound? I will also, of course, read as much as I can on this board before doing anything.


Out of all your PDL lenders, Ace, Integrity, Fast and Reliable are licensed in your state. So, even if you close your account, you have to pay them as per the law. Notify them after closing your account and tell them that you'll pay them off. You can also ask for EPP. The other PDL companies are not licensed, so don't pay them a penny more than the amount borrowed. Click on this link and read more about PDL laws in Delaware: http://www.debtconsolidationcare.com/delaware/paydayloan-help.html


lrhall41

Submitted by paulcahill80 on Tue, 08/17/2010 - 09:52

( Posts: 2359 | Credits: )


Quote:

Originally Posted by boygirlbabies
When you say don't pay them a penny more that what you borrowed do you mean that if I have paid more than what I have borrowed in finance fees and/or payoff increments, I should not pay them. Maybe even ask them for a refund like others? Just want to be clear.

Thanks!

Payday lenders who are not licensed to lend are not entitled to interest or fees, deduct whatever payments you have already made from the original amount you borrowed, that would be all you are morally obligated to pay them. CLICK HERE to find out how to deal with illegal lenders.


lrhall41

Submitted by Shazzers on Thu, 08/19/2010 - 05:52

( Posts: 17344 | Credits: )


Ok. The posters on this site were right. PNC would not put a hard block on my account. The said all they could do is close my account. My account was positive and I wanted to close it. Of course I had a pending transaction and they would not let me close the account. Now the transaction has been pending for 5 days. I have to wait 7 business days before it "falls off." That would put me at this Friday and my loans are set to come out the following Wednesday. Also, in the interim, I had two checks come out that I did not write or authorize. I am sure they came from one of these companies.

Of course that made me negative so I even put the money in there to cover them so that I could close the account. I disputed the items then PNC tacked on NSF charges! Even after the dispute! I called them and they removed them. I am still waiting for this charge to fall off. I am so pissed. My loans come out next Wednesday and I dont want these companies to put forth their ACH's before I can close the account. If there is anything pending on the account they will not close it. Does anyone know typically when these companies put forth their ACH's before the actual withdrawl. I just don't want a bunch of fees and these loans to pay back another two weeks. I have my pay going to an entirely different bank so my money is safe but I do not want to have an issue with the bank. This sucks. Any advice would be great!


lrhall41

Submitted by boygirlbabies on Wed, 08/25/2010 - 04:04

( Posts: 13 | Credits: )


If you have notified these lenders in any way that you are going to close your account they will debit randomly and quickly.

My advice is this, go into the bank and speak directly to the branch manager (no one else will do), provide a list of lenders that you want an ACH block placed on, also take in a copy of the EFTA so they will know that you are aware of their responsibility for failing to comply with the law. Print out the copy below.



[QUOTE]?? 910. Liability of financial institutions
(a) Subject to subsections (b) and (c), a financial institution shall be liable to a consumer for all damages proximately caused by--
(1) the financial institution's failure to make an electronic fund transfer, in accordance with the terms and conditions of an account, in the correct amount or in a timely manner when properly instructed to do so by the consumer, except where--
(A) the consumer's account has insufficient funds;
(B) the funds are subject to legal process or other encumbrance restricting such transfer;
(C) such transfer would exceed an established credit limit;
(D) an electronic terminal has insufficient cash to complete the transaction; or
(E) as otherwise provided in regulations of the Board;
(2) the financial institution's failure to make an electronic fund transfer due to insufficient funds when the financial institution failed to credit, in accordance with the terms and conditions of an account, a deposit of funds to the consumer's account which would have provided sufficient funds to make the transfer, and
(3) the financial institution's failure to stop payment of a preauthorized transfer from a consumer's account when instructed to do so in accordance with the terms and conditions of the account.
(b) A financial institution shall not be liable under subsection (a)(1) or (2) if the financial institution shows by a preponderance of the evidence that its action or failure to act resulted from--
(1) an act of God or other circumstance beyond its control, that it exercised reasonable care to prevent such an occurrence, and that it exercised such diligence as the circumstances required; or
(2) a technical malfunction which was known to the consumer at the time he attempted to initiate an electronic fund transfer or, in the case of preauthorized transfer, at the time such transfer should have occurred.
(c) In the case of a failure described in subsection (a) which was not intentional and which resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error, the financial institution shall be liable for actual damages proved.
(d) EXCEPTION FOR DAMAGED NOTICES.--If the notice required to be posted pursuant to section 904(d)(3)(B)(i) by an automated teller machine operator has been posted by such operator in compliance with such section and the notice is subsequently removed, damaged, or altered by any person other than the operator of the automated teller machine, the operator shall have no liability under this section for failure to comply with section 904(d)(3)(B)(i).
[Codified to 15 U.S.C. 1693h]
[/QUOTE]


lrhall41

Submitted by Shazzers on Wed, 08/25/2010 - 04:58

( Posts: 17344 | Credits: )


I really appreciate that. I have not notified them in anyway due to that very reason. I so badly want this account closed. I will take that in today and get this taken care of.

I just called and became really frsutrated with my branch and the young lady stated that she put a freeze/hold on the account so nothing else could come through. I have three very small children at home and I cannot take them all into the bank with me so I had to do this over the phone. She said that it would take a day to take effect. We shall see.

Thanks a million.


lrhall41

Submitted by boygirlbabies on Wed, 08/25/2010 - 07:21

( Posts: 13 | Credits: )


Actually you need to send the letters out today by email so that they (Lenders) have three full business days. I would recommend doing this today because this way you gave them advance notice of not debiting your account. PNC has done their part so now is when you send it out. If you notice on their loan agreements it always says three days notice. You will be good to go. Also PNC can do a permanent block on all payday lenders you give, usually for 3 or 4 it is a $30 fee but it prevents them from EVER going into your account again. If they never heard of that at your branch, hve them call the FOX Run branch because they did it for me


lrhall41

Submitted by kechandl1 on Thu, 08/26/2010 - 12:54

( Posts: 14 | Credits: )