Another one falls for Geneva Roth Internet in IL!! Help!

Pardon my asking, Luke, but... With no computer or access to one, how did she manage to take out an ipdl?

Inquiring minds want to know.........

she said she used her daughters, not sure who really took it out, but it is in her name, not her daughters who got the money. It is a mess, but she wants to pay it off.

luke, your friend closed her bank account and then took out the loan with Geneva Roth? I'm just trying to get this straight. So, did she have a new bank account and took out a pdl with Geneva Roth? I'm sure she's probably paid a pretty penny to them with them taking out $90 every two friggin weeks. Is her bank account still open/active? Are they still debiting her? The only way to get them to stop is to get rid of that bank account. Close it/block it. Geneva Roth has the knack of finding new bank accounts somehow (as we've been finding out lately). Can she close/block that account? That's her first step. Then she can (if she has indeed overpaid) send them the famous "pdl letter" and demand a refund while revoking their right to debit, etc. Also, she needs to file complaints against them. I understand she doesn't have a computer. However, maybe you or her daughter can let her use a computer (or even the library) to file complaints. What is the status of her bank account, luke?

If she uses a public/shared comuter [like at the library, ferinstance], she needs to have it explained to her how to clear the browser cache when she's done. Otherwise, she could be leaving sensitive information for later users of that machine to look at. That could lead to more problems.

There's a detailed how-to here. I would also recommend rebooting the machine when she's done, to clear the page file completely.

Good point, wulf. Maybe, with luck, the poor woman could use her daughter's computer again.

Luke, I can try to help you with this if you want. :D

Thanks you two, your are great. Yes, of course cannr. I will not see her agian untill Monday at work, I told her that I am asking for help here on her behalf and she was very glad. I await your reply. I just got home and it is 4:11pm CST.

Luke

luke, here are all the addresses I have found for Geneva Roth. I do believe they are licensed SOMEWHERE. But I believe that in Illinois, they have to be licensed in Illinois. I'm thinking they might be licensed in Utah (?). I'm going to check all the states though just to be sure. Hang on.

Geneva Roth Ventures
PO Box 148
Mission, KS 66201

Geneva Roth Cap AKA Express Loans
PO Box 148
Shawnee Mission, KS 66201

Geneva Roth Ventures II
PO Box 2643
Kansas City, MO

Geneva Roth Cap Loans
6950 W 56th St
Mission, KS 66202

Geneva Roth Capital
1338 S Foothill Dr # 325
Salt Lake City, UT 84108

Geneva Roth Holding
31441 Santa Margarita Pkwy Ste A182
Rancho Santa Margarita, CA 92688

Okay, they are licensed in Utah. However, if I'm remembering correctly, Illinois needs to be licensed in Illinois. Here's how their license appears in Utah.

GENEVA-ROTH CAPITAL, INC
1338 S FOOTHILL DR STE 325
SALT LAKE CITY, UT 84108

I'm posting Illinois state law for you just in case you might want to print anything out for your friend. I like for people to have as much information as possible.

Illinois State Information

Legal Status: Legal

Citation:
Ill. Comp. Stat. Ann. ???? 122/1-1

Loan Terms:
Maximum Loan Amount: lesser of $1000 or 25% gross monthly income
Loan Term: 13-45 days
Maximum Finance Rate and Fees: $15.50 per $100
Finance Charge for 14-day $100 loan: $15.50
apr for 14-day $100 loan: 403%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: Two
Rollovers Permitted: None (cannot rollover)
Cooling-off Period: 7 days after 45 consecutive loan days
Repayment Plan: Yes

Collection Limits:
Collection Fees: One $25 NSF fee (Presentment limit = 2)
Criminal Action: Prohibited

Where to Complain, Get Information:
Regulator: Illinois Division of Financial Institutions
Address: Consumer Credit Section, 320 W. Washington Springfield IL 62701
Phone: (888) 298-8089
Fax:
Regulatory Contact: Phil Sanson,, Acting Consumer Credit Assistant Supervisor

luke, the only way for her to prevent Geneva Roth from debiting her any further is to close/block her bank account. I know it's a pain in the butt, but it has to be done. Also, just a note, Geneva Roth is pretty ruthless. They've been known to find new bank accounts. Just a little warning there. They really are nasty. So I'm also going to post something about closing her bank account you might want to give her.

Before you close your bank account due to payday loans eating away at your paycheck, please read this.

Some banks have a policy regarding ach transactions that allows them to force open closed accounts if any ach transactions go through within a certain time frame after the account is closed. This can leave you owing a legal bank $1,000's and reported to chexsystems, instead of owing barely legal (or not at all legal) payday loan companies. Not a good thing. Ask your bank what their policy is on ach transactions on closed accounts before you close the account. It's best to go in person and talk to a branch manager.

If your bank does have this policy, tell them your situation. Don't be embarrassed. Take letters with you showing that you have revoked authorization for each of your payday loan companies to debit your account. Tell the bank to put your account on deposit only, an ach block, or a hard hold before they close the account. Your bank can do one of those, don't take no for an answer. This will prevent any payday loan ach's from reopening the bank account.

It'a always best to close your bank account. Leaving it open gives ways for the payday loan companies to continue to take money out. These companies have many different dba's, so blocking them won't work. They will also produce paper checks and run them through your account. Closing the account is the best way to prevent these companies from taking money out of your account.

Some state laws do allow for prosecution if you close your bank account, but that is usually in cases of fraud. But it's always best to check with your state's attorney general or department of financial institution before you close your account. You want to make sure you are not causing more heacaches!

Also, regarding the bank account, she must be sure that if they CLOSE it, it will not be forced back open due to pending pld debits. If they can not assure her that this will NOT happen (get it in writing if at all possible), then she will want to put a hard debit block on her account. NOTHING will go through. You can't put a "stop payment" on pdls because they will change names, change dollar amounts, change dates, put through electronic checks, etc. They will try every trick in the book. Also, with a hard debit block, she will not be able to write checks, use her ATM card, etc. Nothing. It's like an account just sitting there. It will accept deposits; however, no debits of any kind (ACH, checks, ATM, etc.). So she will need to go and open a new account somewhere so that she has a "working" bank account. Preferably a different bank since Geneva Roth is getting pretty damn good at finding accounts. She needs to get the bank account to the point to where the pdl can no longer debit. Whether it be closed/blocked. Once the bank account is taken care of, she can send Geneva Roth a letter revoking debit authorization, wage assignment, do not contact, etc. I am going to post a letter for you to give her that she can use as a "guide". She will need to change the letter to fit her particular situation. Put the pdl name and address, put your Illinois state laws in it, put the dollar amount borrowed, put the dollar amount paid, and put the dollar amount overpaid. So she will need to figure out exactly how much she has paid them to have accurate numbers regarding how much they have debited her so far. I'll post the letter. However, do not send anything/say anything to Geneva Roth until the bank account is safe from them debiting. Never let them know ahead of time or they will come in and debit the heck out of it and she'll be cleaned out and left with a ton of NSF bank fees.

Name and Address of PDL

After doing research on internet payday loan laws in the state of YOUR STATE' S NAME, I have found that your internet payday loans are actually illegal. I have also found the following laws to be true applying to payday loans in the state of YOUR STATE'S NAME in general:

INSERT YOUR STATE LAWS HERE


I have contacted the YOUR STATE Office of Financial Institutions and the YOUR STATE State Attorney General????????s Office regarding your internet payday loans and was informed they are indeed illegal in YOUR STATE and was advised to pay what is due according to principle amount only of the loan.

I have currently paid XXXX DOLLARS on my XXXX DOLLARS loan. The legal amount that could have been charged to my loan is the principal amount of XXX DOLLARS even if your internet pay day loan was legal in YOUR STATES NAME. I have paid XXXX DOLLARS on this loan by your debits of my bank. I have overpaid this loan in the amount of XXXX DOLLARS. I demand that this account be marked as paid in full/closed and I demand a refund of my overpayment in the amount of XXXX DOLLARS. Once this is done, there is to be no more contact to me by your company regarding this matter..

I demand that any contact be made through US Postal mail or email only. I will need everything in writing to keep accurate records of all communication as per instruction from my state Attorney General's Office.

I prohibit you or your affiliates to contact me via telephone at my place of employment or my home telephone number. I also prohibit you from calling my references listed on my loan. Once I inform you of this, you must stop the telephone contact immediately or you will be once again breaking the laws of the state of YOUR STATE.

You are also hereby notified that I am revoking any voluntary wage assignment I may or may not have signed. 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 am revoking your right to debit any bank account that I may now have or have in the future. You, your company, or your affiliates are not authorized to debit my checking account at all. Please be aware that I have informed my financial institution of this situation and they will also be receiving a copy of this correspondence. Any further attempts at debiting my account will be rejected by my financial institution.

I must also inform you that I have filed complaints with the Better Business Bureau, the Federal Trade Commission, and my state Attorney General's Office.

I expect a response from your company no later than XXXXX, regarding this matter. This response may only come via US Postal mail or email. No telephone contact is permitted.


Your name
Account Number

cc: Better Business Bureau
Federal Trade Commission
State Attorney General

luke, once the bank account is taken care of, she can send the letter to Geneva Roth. Make sure that bank account is taken care of first. Then send the letter. Once that is done, she will need to file complaints against these guys with the BBB (www.bbb.org), the FTC (www.ftc.gov), and your Illinois state attorney general. I know I have thrown a lot at you. So if you or she have any questions, just let me know! :D

Cannr,

You are an absolute angel, and I thank you so very much..for all that you just did and have done for me. I will print this all out for her and I will give it to her Monday and tell her what to do. Again, thanks cannr and I hope you have a great easter and I will keep you posted as well.

Love,
Luke

luke, it is my pleasure to help my friend! :D If she has any questions, just post them or pm me, okay? We can get this taken care of!!

ok, thanks cannr :hug:

cannr..you are!!!!

Thanks, socks! I like what you posted! It's cool! :D

Cannr, I hope you are having a great Easter Weekend.

I just spoke with my frined and she said that the internet Geneva Roth Cap loan, she believes, is from Kansas City. She said that it is a reaccuring loan with origianl amount borrowed $300.00 and they are taking $90.00 out a week. Her bank did put a hold on this untill May and after that, they will start debiting her account again..........but we are not going to let that happen. I am going give her a copy of the above letter, or make one like it for her with all the info in it and mail it certifed with return recipet.

Is there any way that I can get the laws for the internet loans of Kansas city Mo.? That would be great. I have to tell you Cannr and everyone here, it feels SO GOOD to help others, frineds, that need help with this just like I did when I came here and I thank everyone one of you from the bottom of my heart.

Happy Easter,
Luke

Update


She said that she has already paid way over the origanal $300.00 she borrowed.

I really appreciate all of your help and the members help with this.

Luke, can she close the bank account that she has since all they are doing is stopping them for a short time? Her best bet is to close that account. Geneva Roth is pretty darn sneaky. I can post the pdl law for Missouri. That's not a problem at all. Whatever she needs, just ask. We can find it for you! Hang on and I'll post it for you. :D

Missouri State Information

Legal Status: Legal

Citation:
Mo. Rev. Stat. ???? 408.500 et seq.; 4 Mo. Code Regs. ???? 140-11.010, 140-11.020

Loan Terms:
Maximum Loan Amount: $500
Loan Term: 14-31 days
Maximum Finance Rate and Fees: Not Specified (No borrower shall be required to pay a total amount of accumulated interest and fees in excess of 75% of the initial loan amount on any single authorized loan for the entire loan term and all authorized renewals. Otherwise, interest is set pursuant to small loan law which provides that parties may set rate by contract.)
Finance Charge for 14-day $100 loan: $75
apr for 14-day $100 loan: 1980%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: Not Specified
Rollovers Permitted: Six (borrower must reduce principal amount of loan by 5% or more upon each renewal)
Cooling-off Period:
Repayment Plan:

Collection Limits:
Collection Fees: NSF fee; Collection costs (including court costs and reasonable attorney's fees) Licensee cannot use a series of ACH transactions to collect a single check.
Criminal Action: Prohibited (Unless check returned due to closed account or stop-payment by maker)

Where to Complain, Get Information:
Regulator: Missouri Division of Finance
Address: Consumer Credit Section, P. O. Box 716 301 W. High Street Jefferson City MO 65102
Phone: (573) 751-3242
Fax: (573) 751-9192
Regulatory Contact: Joe Crider,, Supervisor, Consumer Credit

luke, I'm also posting some information goudah posted regarding Missouri.

Emails to and from the DFI:

Sent: Friday, October 19, 2007 4:15 PM
To: Crider, Joe
Subject: Payday Loan Question

Hi Joe,

I'm trying to find an answer to a question regarding internet based payday loan companies. Do internet based payday loan companies need to be licensed by MO to lend legally in MO? Or can they be licensed in their home state as long as they don't have a physical location in MO? I have several payday loans and they are all licensed in other states. They say they don't need a MO license, or to follow the laws of MO. Is that correct?

Thank you!

Reply:

From: Crider, Joe
Sent: Tuesday, October 30, 2007 9:35 AM
To:
Subject: RE: Payday Loan Question

Ms ,

Our interpretation of the law is that these lenders do need to follow the laws of our state. We are introducing legislation in the upcoming session that would be more specific about this requirement. To that end, we have dozens of internet lenders from other states licensed at this point in time.
If you would provide me with the web sites or contact information for these lenders I will advise them of our position in a letter.

Joe Crider
Supervisor of Consumer Credit
State of Missouri

What does this mean?

Internet based companies do need an MO license.

New laws may be coming soon.

Fees and interest can not be more then 75% of total loan amount.

6 rollovers are allowed.

No criminal prosecution for closing your bank account.

That's for Missouri. However, your friend is with you in Illinois, right? So Geneva Roth may need to be licensed to lend in Illinois in order to be considered legal.

Thanks Cannr so much. Yes she just lives in the next town from me in IL. I wlll print all of this out and share it with her tommorow.

luke, tell her that internet lenders need to be licensed in Illinois to be considered "legal". Geneva Roth is NOT licensed in Illinois, so this should be considered an illegal pdl, okay?

I will cannr, thats great infomation. I will print out all the post from this topic for her and give it to her tommorow to read and start some of the letters for her to mail certified asap. Cannr, it is always good to hear from you, how was Easter?

Luke

Thanks, luke! My Easter was fine. I don't do anything too exciting! :lol: Went to my parents for dinner. That was about it!

If your friend has ANY questions or needs ANY additional information, please just let me know. I'm more than happy to help her. Let's get her out of this mess! :wink:

Cannr, she wanted to know, and I think you answered this already, she took the loan with Geneva Roth cap in Kansas City from the internet, but she lives in IL. I understand that it is illegal in IL but what about Kansas City Mo, does Geneva Roth cap have a Liscense there. Im confused. Thanks Cannr in advance.

Luke

luke, Geneva Roth is licensed in Utah. I understand that her internet loan may have been through the Kansas City address (look at how many addresses the pdls use!); however, when it comes to Illinois, in Illinois the lender must be licensed in Illinois. Which they are not. And I didn't even find a license for them in Missouri. Only in Utah. Which means they are lending illegally to your friend.

thank you cannr, I will let her know tommorow. We both go in early at 3:00am till 3:00pm for a week, so I will be able to tell her this at work.

thanks again,
Luke

luke, anytime! Like I said, if she needs anything else, just let me know! She's got us on her side! :D

thaks cannr, your the best. I will type up some letters for her and get this started.

luke, you are an angel to your friend! Just like you are an angel to me! :D

ahhh, thats so sweet and nice, your very kind cannr, thanks.

:oops: :rose:

You know I love you, luke! You're one of the best! :D

Cannr, Update.

My friend told me that even though she is paying on the loan, she is doing it for her daughter who took the loan out in her other Daughters name. She really is in a dilima. The daughter that this loan is under does not even know what is going on, not even aware of this loan by her other daughter who used her name to do this. My friend is trying to keep the peace by stoping this loan in its tracks before the 2nd daughter finds out.

I have just gotten together a few letters to give her to copy and update with her information but she does not know how to sign the letter; should she use her own name (but then she is not the one who took out the loan), should she use her 2nd daughers name (she does not know anyting about this)? I am not sure what to tell her. Her bank who put a temp. stop on this check is due to run out in May. I am really trying to figure out what to do for her but she cannot send out any letters untill she finds out how to sign them. I hope myself, you and this community can come up with something really quick. As always, thank you for all your help cannr and God Bless.

Luke

luke, crap! :shock: We've got a tangled web weaved here! We can try a few things. One is that she can send the letters, TYPE the persons name that the loan is in. Like she's acting "on behalf" of the person. Just TYPE the daughter's name. Or she can send completely different letters stating that this loan was taken out by another person (identity theft). Although, I do not believe that Geneva Roth would give a big crap about any kind of identity theft. Hell, they're already illegal for her. So, she can go ahead and send Geneva Roth the letters, TYPE the daughters name on them. If she wants to file complaints, she'll have to use the daughter's information. But, the bank account is the main issue. She needs to keep them from debiting. I know the "stop" is going to run out soon. Can she just close that account?

Thanks cannr, typing the name is a good ideal. Ill ask her if she can close the account.

luke

CANNR GIVE TREMENDOUS INFORMATION ALWAYS.
I LIKE TO READ TO LEARN THINGS WITH ALL MY FANTASTICS MASTERS HERE.THANKS!!!
HELLO GREAT LUKE AND GREAT CANNR. :hug: :hug:

CANNR GIVE TREMENDOUS INFORMATION ALWAYS.
I LIKE TO READ TO LEARN THINGS WITH ALL MY FANTASTICS MASTERS HERE.THANKS!!!
HELLO GREAT LUKE AND GREAT CANNR. :hug: :hug:

Hey Jania, whats happening? :D

Thanks, Tania! We enjoy your posts, too! :sun:

cannr, just an update.

I gave her the infomation she needed to get started and told her she has alot of letters to write. The rest is up to her, I believe we did all we can do for now and thanks again Cannr and everyone for your endless support.

Luke

luke, it's my pleasure! You know that! You did her a great favor! If you need anything at all, just let me know and I'm on it! :wink:

thanks cannr, your the best! :D