Michele
Atlanta,#2Consumer Suggestion
Fri, March 31, 2006
My scenario is similar, except I was unaware that I was approved for the "loan" I applied for. Cash In Minutes was the name of the company that I foolishly applied for a loan. I applied and assumed was denied because I don't have direct deposit. Later I learned Georgia is the only state in the Union where payday loans are ILLEGAL even if over the internet. TWO MONTHS after applying, they deposited $150 in my account. I immediately disputed the deposit with my bank. Then they took out two payments of $66 each. I filed something with Suntrust and they blocked future withdrawls. I got the same call WORD FOR WORD from National Processing that you did! Terrible. My dad's an attorney and advised me to call the Attorney General which I did. They confirmed this type of practice is illegal and sent them a Cease and Desist Letter on Attorney General letterhead. By the way - look up the law in your state for "Payday" loans. read carefully. It should be required they disclose the APR they are going to charge (I owe over $600 for "borrowing" $150!!) The niave persons who think you committed check fraud are not familiar with usery laws and the INTENT of the law. Sorry, guys. IT is required that certain things be disclosed properly and that by calling interest an "extension" fee is still interest. They didn't disclose it and are in violation of the law. They can't come after you but will threaten you. They have a VERY low default rate, according to the ATtorney General's office, because the tactics work and people pay up. They are making money in a predatory way. Don't be a victim. Think about the entire situation. If you borrowed money, pay it back. But, don't be gouged. Find out from the Attorney General if there is recourse for you to start or join a Class Action law suit. I'm a manager in a Mortgage Company and would fire an employee if they violated what we have set up to stay in compliance with predatory lending laws. My husband passed away recently and I was a fool to even look for the "easy way out" of a tight situation. My bad. But, there are laws that protect those of us who might lose thier perspective because of outside circumstances. See what you can do to help others. By contacting the Attorney General I've at least learned I'm not going to be charged with a crime, for goodness sake.
Mike
Radford,#3Consumer Suggestion
Wed, March 29, 2006
Indiana is one of a very few states that don't specifically exempt post-dated checks from their "bad check" laws. Nearly everywhere else, a post-dated check is at best a promise to pay later; like a note or instrument of debt. A company accepting a post-dated check for immediate delivery of cash, goods or services may only use the civil courts to collect, as with other bad debts. The federal regulators and attorney generals everywhere take a very dim view of threating to use "bad check" laws to prosecute defaulted payday loans.
Mike
Radford,#4Consumer Suggestion
Wed, March 29, 2006
Indiana is one of a very few states that don't specifically exempt post-dated checks from their "bad check" laws. Nearly everywhere else, a post-dated check is at best a promise to pay later; like a note or instrument of debt. A company accepting a post-dated check for immediate delivery of cash, goods or services may only use the civil courts to collect, as with other bad debts. The federal regulators and attorney generals everywhere take a very dim view of threating to use "bad check" laws to prosecute defaulted payday loans.
Mike
Radford,#5Consumer Suggestion
Wed, March 29, 2006
Indiana is one of a very few states that don't specifically exempt post-dated checks from their "bad check" laws. Nearly everywhere else, a post-dated check is at best a promise to pay later; like a note or instrument of debt. A company accepting a post-dated check for immediate delivery of cash, goods or services may only use the civil courts to collect, as with other bad debts. The federal regulators and attorney generals everywhere take a very dim view of threating to use "bad check" laws to prosecute defaulted payday loans.
Mike
Radford,#6Consumer Suggestion
Wed, March 29, 2006
Indiana is one of a very few states that don't specifically exempt post-dated checks from their "bad check" laws. Nearly everywhere else, a post-dated check is at best a promise to pay later; like a note or instrument of debt. A company accepting a post-dated check for immediate delivery of cash, goods or services may only use the civil courts to collect, as with other bad debts. The federal regulators and attorney generals everywhere take a very dim view of threating to use "bad check" laws to prosecute defaulted payday loans.
Chip
Anytown,#7Consumer Comment
Wed, March 29, 2006
If you provided them with a post dated check, and it's bad, they can file charges. If it's so easy for you to pay the loan back, do so immediately. And they know you don't have an attorney. Anyone who needs a payday loan likely cannot afford an attorney. Writing bad checks is a fraud...and a crime. Pay the loan back.
T
Clarksburg,#8Consumer Comment
Wed, March 29, 2006
First of all, you can not be arrested for not paying a payday loan. There is no debtors jail. Second of all the check fraud is a scare tactic. They can't file criminal charges. It is a civil matter at best. They are violating your rights. You need to file a complaint against the company with the Consumer Protection Office, FTC, BBB and the Attorney General in your state and the state the company is out of. Need to check to see if they are licensed. If they are not licensed in the state you live in they are in strict violation. They have to provide you a letter within 5 days of the initial phone call. If they don't they are in violation of the FDCPA laws. Know your rights and enforce them. You need to send them a debt validation letter and cease and desist and a wage revocation letter.
Buddy
Eureka,#9Consumer Suggestion
Wed, March 22, 2006
Why would you spend money on an attorney? You owe the money. You wrote a bad check, which is against the law. They have every right to file against you to recover the funds. Once you tell someone you have an attorney, they have to deal with your attorney, not you. Just pay the loan back pronto and be done with it.