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help! please payday loans are killing me

Date: Mon, 06/25/2007 - 09:30

Submitted by btrx_71
on Mon, 06/25/2007 - 09:30

Posts: 49 Credits: [Donate]

Total Replies: 50


I am in pa and have 5 payday loans i can't keep this up. I worry all the time can't even go to the store. next payments due in 2 days!! i've tried calling and asking the companies but was told nothing coul;d be done. i asked to stop the ach debits and tried to set a payment arrangement nd was told i could not. help
zipcash for 400 paid 635 so far in fees
500fstcash for 250 paid 300 so far
cashnetusa for 250 paid 370 so far
paydayone for 500 paid 148 so far
cashdirect express for 200 paid 240 so far


You will find the Payday loan laws for Pennsylvania here (just select your state),

http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

It appears that payday loans are prohibited in your state. I have dealt with Cashdirect Express before and received a paid in full account letter from them. The best thing to do would be to close your account, so you can regain financial control.


lrhall41

Submitted by joshua1987tree on Mon, 06/25/2007 - 09:34

( Posts: 453 | Credits: )


Go to the bank immediately...today and have them put a hard block on your account so none of the pdls can get through. They will try no matter what you say to them. They told me the same thing...they couldn't make arrangements till I was in default which means the payment was turned away at the bank.
Then sit down and figure what you have paid on each of them and what you should have paid according to your state law. For ie: on one of mine, the loan was for $300. by my state law tbe total paid back should have been $357.50. But I had already paid them in debit $830.!! So the bill is paid and they owe me $472.
Now wirte cease and desist letter to them (you can find copies on here) and cc: your states Attorney's office and you can also file complaints with BBB and the Consumer Affairs Div. for your state. You can find all of that info searching on this site!!

Good Luck and let us know if you need any other info!!!


lrhall41

Submitted by Morningstarr430 on Mon, 06/25/2007 - 09:43

( Posts: 2329 | Credits: )


Listen to the advice from introuble. That is the only way to deal with them on your terms. Remember that they can't call you at work if you tell them not to and they can't charge you with a crime or have you arrested. You must revoke any wage assignment agreements you made with them also. Fortunately it doesn't look like you have any of the real bad ones to deal with.


lrhall41

Submitted by Frogpatch on Mon, 06/25/2007 - 09:45

( Posts: 5381 | Credits: )


I probably don't have to much advice to give besides this. This site is awesome, they have helped me regain control of my checking account (A new one of coarse) but I have a paycheck on Friday instead of $20 in my pocket, these jerks can wait till I can pay them- they have taken enough money from me week after week. 3 weeks ago I had 6 and was drowning. I still have 6 but I am negotiating with them day after day- somedays I wish they would just stop but then I remember I have the control- they can't come and take me away and they can't take all my money from me and my kids. I truley am thankful I found this site it helped me regain my life. Listen to them- they can help


lrhall41

Submitted by introuble79 on Mon, 06/25/2007 - 09:50

( Posts: 42 | Credits: )


i was told it is illegal to stop the payment b/c of the contract. also another site (that did not help me at all) told me to keep up payment s and that it was illegal to close my acct to stop the payments. is this true? could i get into legal trouble for closing the acct? all of these are internet lenders.


lrhall41

Submitted by btrx_71 on Mon, 06/25/2007 - 09:56

( Posts: 49 | Credits: )


The laws of your state are posted above. Payday loans are illegal in PA. You owe them 9.50 for every hundred borrowed. Ex. If you borrowed 300.00 you should only pay 328.50 under your states usury cap. I would write to them and try to get a refund. Tell them that you are filing a complaint with the Attorney General and the FTC. If you can find a case where Pa has successfully sued a PDL refer to that case.


lrhall41

Submitted by Frogpatch on Mon, 06/25/2007 - 10:41

( Posts: 5381 | Credits: )


I don't understand who said it's illegal to close your bank account? You can close your bank account. If you feel as though you can't, then put a HARD DEBIT BLOCK on it. No debits will go through. Go to a new totally different bank and open an account. You will never see your money again if you keep with your current bank account and don't put any kind of block on it or anything. They will keep sucking the money out. You need your money. You've overpaid these people. Plus the fact that they are illegal in your state. Close your account! Get control of your money! Then get on these pdl's and send letters and demand a refund and file every complaint that you can think of! Please do something about your bank account though. They've taken enough money from you. You need to pay your bills. Get control over your money first. Then fight the hell out of the pdl's.


lrhall41

Submitted by cannr on Mon, 06/25/2007 - 10:49

( Posts: 9317 | Credits: )


Quote:



i was told it is illegal to stop the payment b/c of the contract. also another site (that did not help me at all) told me to keep up payment s and that it was illegal to close my acct to stop the payments. is this true? could i get into legal trouble for closing the acct? all of these are internet lenders.



First, I doubt whatever contract you agreed too electronically would hold up to begin with depending on your state laws. Second, it is never illegal to close a bank account especially if you attempt to arrange payments in another form. Third, the other site is giving you horrible advice and is probably backed by a PDL which obviously does not want you to close a bank account. Finally, all matters relating to PDLs are civil matters and would be heard in civil court if they sued you. None of these cases would be consider a criminal matter. In other words you could never get a misdemeanor or felony for not paying a bill on time or at all and you would never ever go to jail or be fined. The worse thing that could happen is one of them could sue you in small claims court but this is highly unlikely if it is an IPDL especially if they do not meet the requirements of your state law.


lrhall41

Submitted by DOLLARSandSINCE on Mon, 06/25/2007 - 11:13

( Posts: 1078 | Credits: )


BRAVO! You took the first step! Closing that account is the beginning of actually having money again! That's the main thing. No more ripping you off and you're unable to pay the rent. Now start sending those letters. File those complaints. These pdl's will call the heck out of you. You can be like me, and I just don't answer the calls at all. Or you can be like others, and take their calls. It's up to you. But expect to be called to death! However, thank you for closing your account. Now you will have some money again.


lrhall41

Submitted by cannr on Tue, 06/26/2007 - 08:59

( Posts: 9317 | Credits: )


I sent letters to all my pdl companies. heard back right away from 2 of them. cashnetusa informed me that their state has a 25.00 per 100.00 fee allowed by PA. Does that sound right? Either way i still overpayed them right? I also heard from zipcash by email and phone. I was told that they are ruled by new mexico law. Does anyone know what that would mean for me in Pa? thanks again.


lrhall41

Submitted by btrx_71 on Tue, 06/26/2007 - 11:16

( Posts: 49 | Credits: )


As I'm learning, you abide by YOUR state laws. They will preach and preach THEIR state laws. You are a PA resident. Your laws apply to you. Not New Mexico laws. You are not a resident of New Mexico. Nor did you GO to New Mexico and make the loan. You use YOUR state laws. They will argue your friggin head off over this; however, you will be correct. File complaints with all agencies. They are going to try to get as much money out of you by scaring you saying the things they say. They scared the crap out of me in the beginning. Now I notice they ALL say/write the same thing. It's like a pdl "form" or "script" they go by. LOL!


lrhall41

Submitted by cannr on Tue, 06/26/2007 - 11:29

( Posts: 9317 | Credits: )


Thanks that's what I thought I've been reading. He sounded so serious and so apologetic when he told me "Sorry we are in new mexico so I don't know what law you're referring to" but that he would resend my loan papers showing i agreed to pay by New Mexico's law. Now I need to figure out filing complaintsw/ the Att Gen. office that's my next mission.


lrhall41

Submitted by btrx_71 on Tue, 06/26/2007 - 11:42

( Posts: 49 | Credits: )


I've sent several emails to the PA DFI to try to get some information from them, here are the emails:

Quote:

Emails to and from PA Banking Dept

Hello,

I have a question about payday loans in Pennsylvania. Does the small loan rate cap of $9.50 per $100 per year discount or 24% per year apply to these loans? I took out a few on the internet and am trying to figure out how much I legally need to pay. For instance on a $200 loan would I be legally responsible for paying back only $248?

Thanks!


Reply

Dear Ms.:

The 9.5 discount and the 24 % simple interest refer to calculations that can be used by companies that are operating in Pennsylvania and are licensed under Pennsylvania????????s Consumer Discount Company Act. With a number of exceptions, a lender that is located inside of Pennsylvania and who does not have any special lending authority (i.e., a special license or charter) who is making smaller loans not secured by real estate can only charge interest at a rate of 6% simple.

A lender that does not have a physical presence in Pennsylvania but who has lending authority from some other state can generally charge the interest rate and finance charges allowed by that other state.

The Department may or may not be reviewing this policy and I would not count on this e-mail as an interpretive opinion before starting any lending or business operations.

James Keiser | Administrator Non-Depository Institutions

17 North Second Street, 13th Floor | Hbg PA 17101
Phone: 717.783.8242 | Fax: 717.787.8773
jkeiser(at)state.pa.us | www.banking.state.pa.us


From what they say the company can be licensed it another state, and follow the laws of that state. This information is also on the PA DFI's website, under laws and regulations, interpretive letters.

This doesn't mean you are screwed. Cashnet USA usually follows the laws, and you'd probably be best making payment arrangments with them. Most other ipdl's aren't even licensed anywhere, so you would have them right there.


lrhall41

Submitted by goudah2424 on Tue, 06/26/2007 - 11:47

( Posts: 7935 | Credits: )


I have a question. If pay day lending is prohibited in PA, then how can this pdl use their state laws? Because they are licensed in their state? Even if they're not in PA? If pdl's are prohibited, doesn't that mean they should not be funding loans there?


lrhall41

Submitted by cannr on Tue, 06/26/2007 - 11:54

( Posts: 9317 | Credits: )


Because the way the laws are written in PA, they use the specific term "In this commonwealth" and that means within PA. So the law prohibiting pdl's doesn't apply to companies located outside of PA.

I will post the info from the DFI website to help better explain . . .

[quote]June 24, 2005
Re: Internet Consumer Lending Activity

Dear:

This is in response to your letter to the Department of Banking (the ???????Department???????) in which you request
the Department????????s confirmation that [redacted] (the ???????Company???????), a Delaware limited liability company, is not required to obtain a license under the Consumer Discount Company Act (???????CDCA???????), 7 P.S. ???? 6201 et seq., in order to make consumer loans via the internet to residents of Pennsylvania.

The Company does not and will not have any offices, equipment or personnel located within Pennsylvania.
Section 3 of the CDCA provides in pertinent part that:
[o]n and after the effective date of this act, no person shall engage or continue to engage in
this Commonwealth, either as principal, employe, agent or broker, in the business of
negotiating or making loans or advances of money on credit, in the amount or value of
twenty-five thousand dollars ($ 25,000) or less, and charge, collect, contract for or receive
interest, discount, bonus, fees, fines, commissions, charges, or other considerations which
aggregate in excess of the interest that the lender would otherwise be permitted by law to
charge if not licensed under this act on the amount actually loaned or advanced, or on the
unpaid principal balances when the contract is payable by stated installments except a
domestic business corporation organized under or existing by virtue of the Business
Corporation Law of this Commonwealth, after first obtaining a license from the Secretary of
Banking of the Commonwealth of Pennsylvania in accordance with the provisions of this act.
7 P.S. ???? 6203.A (emphasis added).

Since the Company will not have any offices of any kind in Pennsylvania or people physically present in Pennsylvania acting as principal, employee, agent or broker as those terms are contemplated in Section 3 of the CDCA, the Company is not ???????in this Commonwealth???????
as that term is used in Section 3 of the CDCA. Therefore, it is the position of the Department that the Company is not required to obtain a license under the CDCA in order to originate unsecured consumer
loans via the internet to Pennsylvania residents. This position is conditioned upon the Company being
licensed or otherwise authorized under the Company????????s home state law to engage in this type of lending
activity.

It is recommended that you refer to the Department????????s website at banking.state.pa.us under the tabs
???????Interpretation of Laws- Interpretive Letters- Consumer Discount Company Act??????? for redacted copies of
prior consistent interpretive letters that may address aspects of the Company????????s proposed internet lending activities.

This letter states the Department????????s position regarding the applicability of the CDCA to the activity you propose in this letter, and does not opine on any other relevant state or federal laws, such as the applicable laws of the Company????????s home state.

The Department????????s analysis is based upon the facts as stated in this letter. Any change in the facts could
result in an amendment or reversal of the Department????????s position. This letter has been authorized by the appropriate Department personnel and constitutes a duly authorized statement of the Department????????s position regarding the issues discussed herein. This letter may not be relied upon or construed as constituting legal advice.
Please do not hesitate to contact me if you have any further questions regarding this matter.
Sincerely,
Carter D. Frantz
Deputy Chief Counsel
cc: Timothy J. Blase
Director, Bureau of Supervision and Enforcement
David H. Bleicken
Director, Bureau of Licensing, Investigations and Consumer Affairs
James R. Keiser
Administrator, Nondepository Financial Institutions
Gazala Merchant
Chief, Licensing Division[/quote]


lrhall41

Submitted by goudah2424 on Tue, 06/26/2007 - 12:07

( Posts: 7935 | Credits: )


That is great- finally you have the control again!! Enjoy it- but as cannr said they will be calling. I don't answer them either. If I want to talk to them I will call them. I've already told them what and when I can pay- they can take what I offer or wait besides that I have other bills to catch up on before they get anymore of my money!


lrhall41

Submitted by introuble79 on Tue, 06/26/2007 - 12:43

( Posts: 42 | Credits: )


Thank You so much!! I followed the suggestions here and today I got one. My first PAID IN FULL. Yahoo!! Zipcash sent me an email of mutual release that they are marking me paid in full. No word about a refund I don't even really feel bad about that as long as I can get all these guys to clear me. 1 down, 4 to go.


lrhall41

Submitted by btrx_71 on Sat, 06/30/2007 - 08:12

( Posts: 49 | Credits: )


Congratulations to you also! I feel like I can almost see past all of this mess. Reading posts from everyone here and the encouragement from posts like yours are the best support and have helped me take back my pay and self respect. I felt foolish and alone until I found this site. Good luck to you with those 12 to go.


lrhall41

Submitted by btrx_71 on Sat, 06/30/2007 - 08:38

( Posts: 49 | Credits: )


btrx, good for you! As you can tell, there are many of us on here with way too many pdl's! But if you work on them, you'll find some that cooperate and abide by your state law. If that's the case, I work with them willingly. However, the ones that don't, you can fight them. You're already making progress - good progress! Don't feel alone. Everyone here is wonderful. And if you run into any problems with any of your other pdl's, post on here and everyone will help. They'll give you the next step to take. Keep on going with it, btrx! You'll get out of this mess! And, mperez, you go girl! You're making progress too!


lrhall41

Submitted by cannr on Sat, 06/30/2007 - 16:26

( Posts: 9317 | Credits: )


Thank you. SO far the only other I've heard from is cashdirectexpress. They called me at work today after I sent them a revoke authorization letter and told them not to. The woman was nasty and insisted I had to talk to her or it was going to collections. I repeated that I was not to be called at home or work and any further contact was to be email. She got rude and told me I brought this on myself and now it goes to collection. I hung up.


lrhall41

Submitted by btrx_71 on Mon, 07/02/2007 - 07:42

( Posts: 49 | Credits: )


Yes. They are one of my pdl's. They agreed to my state law maximum allowed amount. They had me sign the agreement and I just mailed them the amount due on Saturday. I sent it certified with receipt confirmation. So, they were actually not bad with me. They complied with my request to only be contacted via email. We did it all over email. Since you got a nasty wench on the phone, try calling the supervisor. That's who I've been dealing with.

Tracy Callaway
tcallaway(at)geccloan.com

Tell Tracy Callaway about your nasty phone call and that you requested to only be contacted via email. Maybe this person can help you. It's worth a shot. They didn't turn me over. I just agreed to pay my state amount. Which I did. Maybe Tracy Callaway can pull some strings and get you taken out of collections. I don't know. Just a suggestion. I just know this is the supervisor.


lrhall41

Submitted by cannr on Mon, 07/02/2007 - 09:01

( Posts: 9317 | Credits: )


I love this website and I am glad I found it Thursday night, I have slept for days. I currently have 13 outstanding loans. My Mom past away in Jan and needed money quick. I could not get out of the loans.
My bank was so understanding that they open a new account, blocked all debits from my old account. I too have Sonic payday 800 loan, MTE 300, Sonic cash 300(they worked out a payment plan off $50 bucks per payperiod)Apollo 300, Plaza 300, cashnetusa 900, arrowhead 300. The fees where killing me and I could not pay ever my rent or car. These loans have to stop they are hurting so many people. Can anyone send me what the pd laws for Florida are. I need to write out a payment plan with only paying the fees legal to the state? That is if I am right? Take financial control and keep a smile going. Thanks for everyone comments,support and suggestions.


lrhall41

Submitted by anonymous on Sat, 07/07/2007 - 08:49

( Posts: 202330 | Credits: )


I want to be able to pay off these four loans at lower payments without them using my bank account any longe i am in over my head with these payments every two weeks and i want to pay them off and get away from this type of loan can you help me


lrhall41

Submitted by anonymous on Thu, 07/12/2007 - 07:57

( Posts: 202330 | Credits: )


William, I know that drowning feeling. I can tell you this there is hope. Follow the steps that many here have posted. Close the bank account and open a new one right away. SEnd all the companies letters that revoke authorization for calls, contact to family and references, and wage garnishment and assignments. Figure out what you borrowed, owed and paid. There are many here who can help just ask. Start complaining to AG office,BBB ,everyone you can. It is scary but it works. They will try to fight you but some will definitely work with you. I was so unsure about this but I did it and it was the best thing I've done. People here are so supportive even if all you need is a pep talk when it gets to you. And the advice is true. I started with 5 pdls and just received my 2nd settlement for a PIF. I feel the stress easing- like I can breathe again. I have some money to pay bills. William you can do this too. We're all here for you. Ask questions. Take the steps. There is a lot of really great help here.


lrhall41

Submitted by btrx_71 on Thu, 07/12/2007 - 08:42

( Posts: 49 | Credits: )


I cannot find my paperwork for two of the loans one shows on my bank statement as genevarothcap and the other is geccloan gec i cannot get addresses for either of these is there any way you can help


lrhall41

Submitted by anonymous on Thu, 07/12/2007 - 17:08

( Posts: 202330 | Credits: )


Yes, Cash Direct Express is GECC Loan. William, do you still need this information???


lrhall41

Submitted by cannr on Sat, 07/14/2007 - 21:26

( Posts: 9317 | Credits: )


i have 8 payday loans one click, mte, usfastcash, unitedloans, cash4u, cash supply and a company named marpast of texas. i live in new york state how do i check to see if these company are legit in my state


lrhall41

Submitted by finechile2000 on Mon, 07/16/2007 - 18:52

( Posts: 28 | Credits: )


They aren't - Payday loans are illegal in New York. You need to file complaints with your state Attorney General. Also, you will want to consider closing your bank account.

Please read the following thread about important information you should know before you close your bank account:

http://www.debtconsolidationcare.com/paydayloan/close-account.html


lrhall41

Submitted by goudah2424 on Tue, 07/17/2007 - 08:23

( Posts: 7935 | Credits: )


hey well probably then the PDL will be sending your file to an external collections agency, and then that will be put on your credit, so i would really pay them in full before it's to late, not to mention that they will also put a charge-off item so you can't get no more payday loans or any kind of credit lol


lrhall41

Submitted by anonymous on Thu, 12/27/2007 - 23:29

( Posts: 202330 | Credits: )


LANGHORNEDEBTSOLUTIONS.COM THIS COMPANY WILL HANDLE ALL OF YOUR PAYDAY LOAN ISSUES SO U CAN SLEEP AT NIGHT


lrhall41

Submitted by anonymous on Thu, 08/07/2008 - 20:27

( Posts: 202330 | Credits: )


can Pay day loan company in washington state file felony charges aginst me for paying bcak pay day loans. Or is it a civil matter.


lrhall41

Submitted by anonymous on Mon, 01/05/2009 - 03:22

( Posts: 202330 | Credits: )


I received a call from someone who stated he was an "assistant" to an attorney representing an (internet) PDL company I unfortumately borrowed money from over a year ago. I know that PDLs are illegal here in PA, but I am assuming that doesn't apply to internet sites? The "assistant" in a very passive-aggressive way, told me if I didn't pay back the loan which by the way he kept referring to as "writing a bad check" that I will be reported to "district court". Although I have my master's degree in criminal justice, I am not an attorney. I was able to stay strong and not give into his threats, but I must admit I am ignorant of laws concerning PDLs and therefore somewhat fearful of his threat that I am breaking a law. I tried to explain to this man I am trying to hold onto my house and my mortgage payments is more of a priority than that of a PDL that I took out over a year ago. He was not hearing any of it...what can I do? Any advice would be helpful.By the way my one and only brother is active in the military, could this help me in any way. I see in some states having an immediate family member in the military can help. Thank you again for any advice....


lrhall41

Submitted by anonymous on Mon, 06/14/2010 - 18:59

( Posts: 202330 | Credits: )


They have already settled 3 of my payday loans with only 1 more left to go =)


lrhall41

Submitted by anonymous on Fri, 12/17/2010 - 08:38

( Posts: 202330 | Credits: )