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Apple Payday Loans ripoff, unauthorized debiting of checking account Wilmington Delaware *EDitor's Suggestions on how to get your money back into your bank account!
In September of 2004 I received a payday loan for $225 which included a fee of $25 for them to transfer the money to me. I opted to pay the loan back in one installment of $336 to be taken back the following month. Shortly after that I moved to a new state and didn't receive my bank statements for a while until February where I noticed that there were transactions against my account from Apple Lending (4 months later). I heard there were payday loans scams going on so I promptly called my bank and issued a Stop-Payment against the transaction.
The following month I noticed they had made another claim against my account, one which brought me into overdraft, I issued another stop-payment then called the company. When I finally spoke to an agent, she told me that I owed over $300, more than I even took out for the loan! I informed them they were wrong and not to collect against my account again. The next month we did the same dance.
Finally this morning my husband informed me that a lawyer had called stating that a lawsuit in excess of over $1000 was being filed against me. When I returned the call the Lawyer claimed that I was in the wrong, that he has no record of me paying my balance and basically I was lying. He gave the impression that I must be crazy to think that it was crazy to pay over $1000 for a $200 loan. After he rudely yelled and hung up on me, I called and ordered copies of my bank statement.
I'm on my way to finding legal advice, and I plan so seek advice on countersuing for the overdraft amount and inconveniences caused by the unauthorized debiting of my bank account and abuse of my trust and contract.
M. Michele
sierra vista, Arizona
U.S.A.
EDitor's Suggestions on how to get your money back!
HERE IS WHAT RIP-OFF REPORT SUGGESTS YOU DO:
Go to your bank within 60 days of the charge, or as soon as you know about the charge, don't delay, and tell them that there has been fraudulent activity within your account. Explain that you wish to file a dispute, and demand that they assist you in accordance with Federal Regulation E.
According to the majority of victims interviewed by Rip-off Report, those who immediately called their banks to dispute the charges did not get very far. Many victims got the following responses from their banks: we could not do anything for you or you waited too long; it has been more than 60 days.
If the bank is says that you have waited too long, explain to them how you called their 800 number as soon as the charges were found, and were told by the bank that nothing could be done. Remind the bank that they failed to assist you properly at the 800 #, and instead, provided you with an inadequate explanation of your right to dispute. Tell the bank that it's their fault time has expired, and since they gave you the wrong info to begin with, they will just have to deal with it, take the loss and reverse the charges.
Tell them the truth; this was unauthorized and your account was NOT to be charged! Keep emphasizing how you never authorized anything! Direct them to the hundreds of victims reports that were filed on Rip-off Report.com. And if you're at the bank, walk them over to their computer and make them go to this site! If you are on the phone with them, tell them you will wait while they access this site! Either way, be persistent!
DO NOT TAKE NO FOR AN ANSWER!
Let them know nicely, that you were advised to Report them (the Bank) and this situation to the Banking Commission in your state. Since each state has a different name for the agency/controller over banks, find that name before you call or get to the bank so you can throw it in their face. The more knowledgeable you appear to be, the further you will get.
And just continue to demand the Federal Regulation E form! The bank CAN, MUST and WILL reverse the charge! But, you must be persistent; ask to speak to the supervisor or the area manager for all the branches in the state.
Let the bank personnel know you are meeting with the media later in the day, that you would much rather they do the right thing (as most other banks have) by looking at the complaints and immediately reversing the charge(s) to your account; no matter how long ago it was. Be sure to call the Media if necessary so you are telling the truth.
If you have to, be loud (but nice) in front of other customers. If you are just calling by phone, the above tactics should still work. The bank can easily fax or mail to you the Federal Regulation E dispute form.
CHARGES TO YOUR CREDIT CARD
If the charge was to your credit card (not debit card, check card, or checking account), contact the credit card company as soon as possible to request a dispute form. Consumers usually have a little longer to dispute fraudulent credit card charges (up to 6 months), but it is better to act right away. In this type of situation, credit card disputes are usually successful since fraudulent companies often won't contest the disputed charge. In rare cases, credit card companies will review disputes, but refuse to reverse the charges. If this occurs, complain to a manager and let them know you will be filing a report here.
Remember Don't let them get away with it! Make sure they make the Rip-off Report .. The more Reports filed on a Company or individual, the more likely it is that the authorities, media and attorneys will want to take action.
And good luck Let us know how you do!
ED Magedson Founder, Rip-off Report.com & Author of www.ripoffrevenge.com
EDitor@RipoffReport.com
badbusinessbureau.com
www.ripoffreport.com
Don't let them get away with it.
Make sure they make the Rip-off Report!
We are not lawyers.
We are not a collection agency.
We are Consumer Advocates.
...the victims' advocate
WE are Civil and Human Rights Activists
We are a Worldwide Consumer Reporting News Agency
...by consumers, for consumers
CLICK HERE to read about Credit Card Scams... find out how to get your money back. *Rip-off Report Investigation provides valuable information.
1 Updates & Rebuttals
Melodie
Temecula,California,
U.S.A.
I am in the same boat (sort of)
#2Consumer Comment
Wed, May 10, 2006
I feel for you. I took out a loan with this company in Oct 2005. Oddly enough, I did not contact them directly, what I did ,was fill out an online application , with what was basically a BROKER for payday loans. Apple PayDay sent me an email within minutes, stating that I had been approved, and funds would be in my accout the next business day. I never received disclosures, of any kind, simply an email, then the funds.
The amount borrowed was $500. I recieved a call from them 2 weeks later,Nov.9th 2005 reminding me that my payment was due, and did I want to extend it and just pay the interest? I advised them, yes, and to please debit my account for the remaining balance on Nov. 30th , 2005.
What they did, instead, is debit my checking account continually every two weeks for amounts ranging from $120 to $225 for the next 4 months. I eventually was forced to close my checking account. My account was continually overdrawn,as a result of these unauthorized debits, and I paid thousands of dollars in overdraft fees to my bank , $150 for each item, domino effect!Not to mention the $1500 Apple payday stole from me. I estimate that this $500 cash advance ended up costing me over $3000 over the course of four months. I was able to get my bank to return a little over $500 of that money to me, and am still trying to get some of the overdraft fees back. No luck yet. I have contacted Apple Payday, and after being transferred 6 times, spoke to a Rep. who told me I still owed them $370. I refused. I got a call from them a few days after closing my checking account, asking for payment, and again refused. I have not recieved any calls from their "Attorney" But, Im sure its just a matter of time. My next move is to run my credit, to see if they have reported negative information on me. I have been getting denied for credit, lately, and suspect it may have something to do with this. I suggest you do the same. I am currently seeking an Attorney, who would be willing to start a Class Action Lawsuit against this company. I have also filed complaints with the Attorney Generals Office, but was told to seek help at the local level.