Need PD/Installment loan help in CA

Dear Cash Cure,

It has come to my attention that payday lenders must be licensed by the state of California in order to offer loans to its residents. Since your company has no license in my state, the loan contract I have with you is not valid. Although I am not legally required to do so, I am willing to repay the principal balance of this loan. To date, I received a deposit of $500 on 4/2/13, and have had 7 bi-weekly withdrawals totaling $987 debited from my account. This results in an overpayment of $487. I also had received a deposit of $800 on 9/27/12, and had 5 bi-weekly withdrawals totaling $1,583.20 debited from my account. This resulted in an overpayment of $783.20.



At this time I am requesting a return email acknowledging that my loan has been paid in full. Also, I would like a refund of the $1,270.20 overpayment. A refund check of $1,270.20 should be mailed to me at the address you have on file.



I am also revoking authorization for ACH withdrawals and any wage assignment I may have signed. My bank account has been closed and any fees incurred will be at your expense. I have given a copy of these revocations to both my bank and my employer. Any future attempts to collect funds in this manner will be blocked.



Please respond to this email with acknowledgment that my account has been satisfied in full. Details of when I can expect the refund check, as discussed above, should also be included in the email. In order to keep complete and accurate records of all communication, I demand that any contact be made through US Postal mail or via Email only.

Sent all letters to the emails below now just waiting for a response.

Emails:
Illegal:
CS@CashCure.com
infocy@cashyes.com

legal:
support@cashnetusa.com
customersupport@loanbyphone.com
customerservice@checkngo.com

custserv@cashcall.com

Is your loan directly through Cash Call or was it originally through Western Sky and transferred to Cash Call? It makes a huge difference.

No, unfortunately its with cash call directly.

Thank you for contacting us regarding the lending laws in your state.



Cash Cure is a Delaware licensed lender. The company has no offices; employs no agents or employees, and conducts no business within the borders of California . Cash Cure conducts all of its business in the State of Delaware in strict compliance with the Delaware law that governs its operations.



We have attached a copy of your electronically signed Loan Agreement and Promissory Note, signed by you on 03/29/2013. Please take note of the section of your Loan Agreement entitled, "GOVERNING LAW, ASSIGNMENT AND EXECUTION." It states:



"This Loan Agreement is governed by the laws of the State of Delaware, as it is the State in which Your Application is received, the Loan Agreement is entered into, the Loan is approved and funded and where payment is received by Us in fulfillment of Your obligations under the Loan Agreement. We may assign or transfer this Loan Agreement or any of Our rights hereunder. If this Loan Agreement is approved by Us, then You agree that the electronically signed Loan Agreement We receive from You will be considered the original executed loan, which is binding and enforceable as to both parties."



Please also take note of the section entitled "RENEWALS." It states:



"You authorize Us to automatically renew the loan evidenced by this agreement on each due date, extending the loan due date for a period coinciding with your pay period, unless one off the following has occurred: (a) You have repaid all obligations under this Loan Agreement in full, (b) You have been sent notice of Our intent not to renew Your loan, or (c) You are in default as set forth above. Additional fees will accrue if Your loan is renewed, which means the interest will continue to accrue on the unpaid balance of Your loan during each renewal period. You authorize Us to debit your account, pursuant to the Electronic Funds transfer Authorization below, in the amount of the Finance Charge, identified above, on the Payment Date and each subsequent due date. As required by Delaware Law, We will not renew Your loan or extend a due date more than four times without entering a workout agreement. If You are not able to pay all amounts due and owing after your fourth renewal, You must enter a workout agreement with Us, under the terms of which You will be required to reduce the outstanding principal amount of the loan by not less than 10% of the original loan amount per pay period until the loan is repaid in full. As with renewals, interest will continue to accrue on the unpaid balance of your loan during each workout period."



However, it appears that despite full disclosure, you may have misunderstood the terms and conditions of your loan. For this reason and consistent with Cash Cure's policy to promote customer satisfaction, we have agreed to waive your remaining balance and consider your account closed for payments already made. While a refund cannot be granted, Cash Cure will make no other attempts to debit your account. Please understand, we do this as a courtesy. However, it will make you ineligible for loans with Cash Cure in the future and may affect your eligibility to retain short term loans with other lenders.



For further assistance, please email us at payments@cashcure.com or call 1 (877) 591-5175 Monday through Friday from 8:30 a.m. to 5:00 p.m. ET.



Thank you,



Customer Relations

Cash Cure, LLC

www.cashcure.com

the governing law is complete crap.california law applies,not delaware.that is the typical illegal lender copout attempt.respond like this:

i am not a delaware resident therfore delaware law doesn't apply here.try that with someone who isn't aware of that yet.

respond just like that.

Will sending Cash Cure that response improve my chances for a refund? I checked and they've marked my account as paid in full. Also, Cash Yes is the only other illegal who hasn't responded to my email. Should I forward the original to them again. I sent the original last week to infocy@cashyes.com. Is that a good email address for them?

with illegal trash it's hit or miss.as for cash yes unless it bounces back to you it is a good email.some take longer to respond,but a resend is in order here.

I finally received the response below from Cash Yes. I looks like the same response others receive. How should I respond back to them?:

I am writing on behalf of Cash Yes in response to your recent email. Cash Yes strives to assist consumers with their short term cash needs and is concerned that you were disappointed with your most recent experience. We have noted your request for no further communication by telephone.



Please be advised, however, that your loan was made pursuant to Cash Yes’s license in its home country of Belize under the International Financial Services Commission Act of Belize, Chapter 272. Cash Yes’s contracts, including the loan agreement you signed, clearly designate Belize law as governing its transactions and provide all disclosures required by Belize and U.S. federal law. Cash Yes has no physical presence in the state of California, and does not solicit California consumers via mail, telephone, or email; therefore, we are not subject to its regulatory jurisdiction. In order to obtain a loan from Cash Yes, a California consumer must log on to the internet and access Cash Yes’s website, just as you did. You received documents in conjunction with your loan fully describing how the finance fees are applied and your repayment options, and you agreed to these terms, including the applicability of Belize (not California) law to the transaction, with electronic signatures in multiple places. Should you require another copy of your documents, or if you need clarification on points referenced in the documents, please contact us. A careful review of those documents should resolve your concerns regarding the terms applicable to your loan.

Our records show that you have made payments in the amount of $125 toward your $500.00 loan. We intend to continue our efforts to collect the loan balance from you. However, we do understand that the current economic situation has adversely affected many people. We are currently willing to offer you a settlement in full if you will make a payment of $375. Mail in payments to Cash Yes P.O.Box 96503 #15050, Washington, DC 20090-6503 or you can make payments online at Cash Yes.com. If this settlement offer is acceptable to you, or if you’d like to discuss other arrangements or make a credit card payment, please contact us at 1-866-568-1422 at your earliest convenience. It is in your best interest to make arrangements with us directly, as your loan may be sold in the future to a third party collection agency. Those agencies are empowered to take legal action to collect the debt, and once they purchase your account from us, the nature of their actions is not within our control.

Thank you for the opportunity to clarify this matter and address your concerns.

Sincerely,

Cash Yes

you are not a resident of belize.so belize it or not that is the typical offshore lenders response.send this:

dear putzes:unless you extradite me to belize your email did nothing but waste time and space.take your settlement and shove it!

respond just like that.

How about if I respond like this:

I'm not a resident of Belize, nor do I intend to ever step foot on Belize soil. I'm a resident of California, U.S.A, and your company needs to be licensed in my state for the contract to be legal. Furthermore, based on my payment history, you owe me a refund as outlined in the previous email. I don't anticipate I will ever actually see any refund, but do expect you to consider my loan paid in full.

Fyi...if this response doesn't work, I'll use yours.

I just received this email from Cash Call:

Dear Borrower,

Your scheduled payment to CashCall, Inc. set up through automatic debit in the amount of $294.46 was returned unpaid by your bank. Pursuant to the CashCall Promissory Note and Disclosure Statement, ("Note"), a returned item fee of $15.00 was charged to your loan.

Your loan is now past due and you must immediately replace this payment via a MoneyGram transaction in the amount of $309.46 (see instructions below). Failure to make good on this loan payment may negatively impact your credit standing and you may be subject to incur additional fees (please see the "Note" for clarification).

If you have any questions, you may reach CashCall, Inc. at (877) 860-2274.

Sincerely,

CashCall, Inc.


MONEYGRAM INSTRUCTIONS:

RECEIVE CODE: 3299
CITY, STATE: ANAHEIM, CA

To find a MoneyGram location near you, please visit MoneyGram.com or contact a CashCall agent at (877) 860-2274.




This communication is an attempt to collect a debt and any information obtained will be used for that purpose. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

I'm intending to send this response:

I apologize for the return of payment that was due on 8/15/13. This is due to an unforeseen financial hardship, which renders me unable to fulfill my obligations under the current contract. As this financial hardship is related to the compromise of my bank account, which I've had to close as a result.

I also need to take the following steps to protect my interests: I hereby revoke any and all ACH authorizations with your company from debiting any of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. Any further attempts to debit my account via ACH will be unauthorized, and prosecuted by my bank as fraudulent. I also revoke any and all wage assignments I may or may not have signed with your company. I no longer authorize you, your company, or your affiliates to attach any part of my wages or contact my employer for your collection purposes. I have notified my employer about this matter so any attempts to do so on your part will be rejected. In order to keep complete and accurate records of all communication, I prefer that any contact be made through US Postal mail or via Email (at the Email address provided below). I request that you do not contact me via telephone at my place of employment or my mobile phone. I prohibit you from calling my references listed on my loan; you have no reason to do so as I have provided avenues of communication with me.

This is not to be construed as disputing this debt, or a refusal to pay. I have been doing business with your company for over a year, and have no reason for complaint. Unfortunately, I am unable to make a payment of any kind on this date, as the funds simply will not available. Due to my current hardship situation, I would like to also negotiate a reduction in the payment amount as well as the associated fees on this loan. I can start making good faith monthly payments of $75 on 9/13/13.

Of course, not having a current checking account, payments by ACH debit are not possible, and will not be for the foreseeable future. I can make payments via Western Union Quick Collect, or via Money Order sent certified mail to an address provided by you.

send it,but know that CA is the one state CASH CALL origniates loans and is legal so see if they will accept that.

I said due to financial hardship I could afford $75/month through the end of the year, and at that time I would reassess and see if I could increase the amount. A supervisor was willing to put me on a hardship plan of $75 for 4 months, and the the balance would be due at the end of this period. I told them there was no way I could commit to this plan as I didn't see anyway my financial situation would improve before the end of the year. The rep actually asked me how I new that my situation wouldn't improve. Like I may win the lottery or something. I basically told her I would only pay by money order or money gram, and she said they needed a card to secure payment, and I told her I didn't have one. She said she would give me a link to get a prepaid card, I told her again I would only pay by money order or moneygram, and she said they couldn't make the arrangements without a card. I told hershe would have to refer this to outside collections then. Basically I offered to pay and they refused my form of payment.

contact their corporate office.they can help you i this regard.

I am in California. I also had an installment loan with check n go & cash call. $2500 each. In addition to payday loans. I was at the end of my rope & followed the advice on the forum. Closed my checking account. Sent ACH revocation letters to payday lenders. Even got a refund from one of them. However, for check n go I got a call & I responded about 2 months later. They offered me a settlement about $700 less than what was owed. I setup payment arrangements that I was comfortable with over 7 payments & have finished paying it off & received a letter showing the loan was paid off. Cash call is a little harder to deal with. They sent me several "modification" letters. The terms weren't any better. I finally called & they offered me 3 options. A lump sum settlement at about 80% of the loan, a monthly payment "settlement" over 8 months with no further interest charges or other fees or modification at a reduced rate (but still high) for an additional 4 years. I opted for the 8 payment settlement. And can't wait to be done with this! Good Luck!

Do you have the corporate number for Check N Go?

Corporate Headquarters
Check 'n Go
7755 Montgomery Road, Suite 400
Cincinnati, OH 45236
Phone: 888-296-CASH (2274)

Right off their website.. easy to Google.