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USFASTCASH question

Date: Wed, 06/17/2009 - 10:22

Submitted by anonymous
on Wed, 06/17/2009 - 10:22

Posts: 202330 Credits: [Donate]

Total Replies: 10


Hi all Questionf or you

I recently retained payday loan debt assistance to help me get out of the trap of the 6 payday loans i have. So far all the collection calls have stopped. Most companies have been willing to work with paydayloan debt assistance. There is one who hasnt. That one is USFASTCASH. They are trying to tell they have never accepted or will ever accept any money from them. Can they legally do this?? They even called my references yesterday after they got the documentation that I was working with the debt settlement company.

I live in Maryland, what would be the best course of action against them? So far they are the only company who has repeatedly called me since i joined the payday loan debt settlement program and are saying they dont have to accept. every other lender i had has been willing to work with the settlement company.

your help is appreciated


Well, the thing is they are an illegal company to begin with, therefore, they aren't about to follow the law just because you hired a debt company. They simply think they are above the law. If I were you, I would tell them no address, no payments. Obviously they can't sue you if they aren't legal. Throw the ball back into their court, let them decide: address payment, no address no payment.


lrhall41

Submitted by Shazzers on Wed, 06/17/2009 - 11:01

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Not sure it's so obvious they can't sue, because some ipdls have sued people (Tremont Financial does this all the time). They do it in their home state to get a judgment and then the borrower' state may have to enforce the judgment (under the full faith and credit clause of the constitution) even though the underlying transaction is illegal in the borrower's state.

Fortunately - even Tremont stops short of this last step since it means hiring a local lawyer and paying his fees with no guarantee of ever seeing a dime. But the court document (from a rinky-dink small claims court in South Dakota) often tricks employers into treating it as a wage garnishment.

Turning to BigPapa's problem with USFastCash, I did a quick search on Lexis. USFastCash has been sued a number of times, but I found no record of them ever suing a borrower. Their game is just to harass you into paying.


lrhall41

Submitted by on Wed, 06/17/2009 - 20:45

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except for your last point.you are wrong on all counts.any creditor has to bring suit in the consumers state.the premise that the pdl you work for set you here to post this is ridiculous.nice try humanoid.BTW to answer your first point.yes an illegal pdl like TREMONT really can't sue.being unlicensed they have no legs to stand on.


lrhall41

Submitted by paulmergel on Thu, 06/18/2009 - 05:29

( Posts: 15514 | Credits: )


The world according to Paul, I guess. The lawsuit they filed against me in South Dakota - and then sent the judgment to my boss looking for him to take it out of my paycheck - must have all been a figment of my imagination.[samebox:1924c9d98d="paulmergel"]i believe so since the above scenario by an illegal lender is not possible.maybe a voluntary wage assignment,but a judgement?not in this lifetime.[/samebox:1924c9d98d]


lrhall41

Submitted by on Thu, 06/18/2009 - 08:03

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Usfastcash sued you in court. Well in that case were you served a summons of the filing? Did you attend the court date? Lastly are you sure they was awarded a garnishmnet order by the State of South Dakota and sent it to your boss?

They will send a wgae assignment faking the funk, and most employers are confused when they get these documents. Wage assignment 100% revokable by consumer at any time. It is voluntary, most are not educated about this.


lrhall41

Submitted by Cool_Abyss on Thu, 06/18/2009 - 08:44

( Posts: 2936 | Credits: )


Well then yes I would send the proposal letter out ASAP! You really do not need a consolidation aompany to deal with them. Maryland PDL laws are pretty strict and the AG office is very helpful :wink:

Here is a sample.

Quote:


Date:

Name Of PDL

Your Name
City, State
Account #


After doing research regarding Internet payday loan laws in the State of _______, I have found that your Internet payday loans are actually illegal. I have also found the following laws to be true applying to payday loans in the State of _____ in general:

Your State Information

I hereby revoke any and all ACH authorizations with your company from debiting any of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I have closed my account with the XXXXXX to protect my interest in this matter, per instructions from The _____ Department of Finance. I also revoke any and all wage assignments I may or may not have signed with your company, I no longer authorize you, your company, or your affiliates to attach any part of my wages or contact my employer for your collection purposes. I have notified my employer about this matter so any attempts to do so on your part will be rejected.

I demand that any contact be made through US Postal mail or email only. I will need everything in writing to keep accurate records of all communication as per instruction from my Attorney General's Office.
I prohibit you or your affiliates to contact me via telephone at my place of employment or my home
telephone number. I also prohibit you from calling my references listed on my loan.

Due to the fact that Internet payday loans must be licensed in the state of ____ to be a legal and binding contract, your company should NOT issue loans to ____ residents at all. I am requesting that you send me your license number which enables you to offer loans to ____ residents.

The legal amount that could have been charged to my loan is the principal amount, even IF your Internet pay day loan were legal anywhere in the U.S.. I am willing to pay the principle amount of the loan only, however, this is only if you provide me with a physical address where I can send payments.

I must also inform you that I will be filing complaints with the Better Business Bureau, the Federal Trade Commission, and the ____ Attorney General's Office.

I expect a response from your company no later than 5 days from the above date regarding this matter. This response may only come via US Postal mail or email. No telephone contact is permitted.

Sincerely,

Your Name
CC:
Better Business Bureau
YOUR Attorney General
Federal Trade Commission


lrhall41

Submitted by Cool_Abyss on Thu, 06/18/2009 - 09:06

( Posts: 2936 | Credits: )