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CashNetUSA - internet PDL/small loan in OH

Date: Thu, 09/21/2006 - 15:32

Submitted by dbaker6
on Thu, 09/21/2006 - 15:32

Posts: 1600 Credits: [Donate]

Total Replies: 9


Hi.

I took an internet loan out with CashNetUSA (I live in Ohio) for $800. I have taken out at least six loans with them previously. I went to consumerlaw.org to see if they are licensed in Ohio. From what I interpreted, they are licensed for check cashing and cash lending.

It states, though, that with a PDL loan, the limit is $500 (if I interpreted it correctly), and the interest is not to be more than 5% per month. If, however, that loan is paid back within a month, they can't charge interest. The originating fees, however, are unlimited. (the originating fee they charged for $800 is $72.50 wtih the interest being $23.25).

My question is, since they have taken out interest on my previous loans (which have all been paid back within the month) as well as the originating fees, can I deduct at least the amount of the interest on those loans from the amount of the principal on this loan?

Also, since I am not going to be able to pay it in total for at least a few months, would it now be considered a small loan rather than a PDL (in which case the interest is 28% per year)? And actually, since the amount was more than $500, would it automatically be considered a small loan as opposed to a PDL, as I believe $500 is the limit for a PDL in Ohio?

I have tried talking to them and get nowhere. They just keep insisting that they are going to continue to attempt to take the money out of my checking account unless I set up payment arrangements (two payments of $459 each the next two paydays or three payments of $332 each the next three paydays). They said that have no control over them trying to debit my account unless I set up one of those two payment arrangements with them. I have talked to my bank, and they told me they can't close my account as long as transactions keep trying to come through unless I dispute it as being fraudulent? Can I do that?

Any help you can give me would be much appreciated. Thanks a lot.


dbaker6,

Please check with Ohio Division Of Financial Institutuions website to see if they are actually licensed in Ohio. You can do a Google or Yahoo search for this. It is a very informative site. If they are an internet lender, I seriously doubt they are licensed here. The ones that I had were not so this can play in your favor. The Ohio Division takes the stand that they must be licensed in Ohio in order to loan money to any Ohio Consumer. This is also stated in the Ohio Check Cashing Loan Act. I believe there is also a clause that states that if they are not then it can be considered null and void but you may want to double check this. You can have their ID code blocked with your bank but you'll probably have to pay for it. Figure out what you've paid them interest in the past and shoot them a certified letter with return receipt requested. Polly has a good sample letter in her blog :-) Please feel free to pm me if you have anymore questions.


lrhall41

Submitted by Cow & Chicken on Thu, 09/21/2006 - 15:49

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