- Report: #496268
Complaint Review: CashNetUSA - Internet
Reported By:
Matthew -
colorado Springs, Colorado, USA
Submitted:
Updated:
-
Author Not Confirmed
Why?
CashNetUSA
CashNetUSA.com Internet, United States of America
Phone:
Web:
N/A
Categories:
Business Rating:
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CashNetUSA sent us money 3 days after we cancelled our loan, and received conformation from them that the loan was cancelled. Internet
On or about August 10th, 2009 my wife applied for a $500.00 payday loan with CashNetUSA, Chicago Il. We then decided we did not need the loan and contacted the company to cancel the loan. We received conformation that the loan was cancelled on Aug.14th, 2009. On Aig 17th, 2009 the amount of the loan was deposited into our bank account.
We tried several times (at least 6 times) to contact CashNetUSa to resolve the situation, offering to give back $450.00, but that we would not pay interest or loan fees because we had cancelled the loan BEFORE the funds were dispersed, and their unauthorized deposit costed us a $50.00 direct deposit advance fee that was not in our budget at the time.
The only responses we got back from CashNetUSA were computer generated emails, or emails that stated a manager was looking into our issue and would contact us.
Again, the only responses we received after that were computer generated. We have kept hard copies of all communications including the notice from CashNetUSA that the loan was cancelled.
Needless to say, this caused much frustration, and I started searching for information on what our rights were.
I discovered that the state of Colorado has an Unsolicited Goods Statute, section 6-6-101, that states: "Under the statute, an unsolicited good means a contractual obligations or other tangible or intangible property or services delivered to a person who has not ordered, solicited, or agreed to purchase them, but shall not include tangible or intangible goods or services which are misdirected, misdelivered, or offered in good faith in substitution for goods solicited by the recipient. If you receive an unsolicited good, you have the right to refuse to accept delivery of the goods and you are not bound to return such goods to the sender. If they are addressed to you, such an unsolicited good shall be deemed a gift to you and you may use it or dispose of it in any manner you see fit without any obligation to the sender. It is illegal for the sender of an unsolicited good to attempt to bill you or collect for that unsolicited good.
This is the same type of situation as if you took a car to a shop, and they did repairs that you did not authorize. You are not responsible for paying for those repairs.
The moment we cancelled the loan and CashNetUSA confirmed the cancellation, we had no contract or agreement with CashNetUSA, and the funds should not have been sent.
They (CashNetUSA) are now saying our loan is delinquent.
We put a stop payment order into effect at our bank, which costed us $29.00, and CashNetUSA circumvented the banks protocols and accessed our account without authorization, for an amount that was different from the original loan agreement which was cancelled in the first place that we did not agree to.
My next step is to contact an attorney and see if we can sue CashNetUSA for the unauthorized account access, the amount of money their actions costed us, and harassment, because they have already threatened to turn us over to a collection agency.
Under the Colorado Statutes there are also penalties to the company if they try to collect payment on unsolicited goods.
We would be interested in joining any class action suit against this company that is relevant to our situation.
