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Posted (edited)

I got a loan with these guys awhile back because my car broke down. Well, then I get laid off right when I requested my last loan. Now, I am past due almost 2 weeks and these guys are threatening to call my former employer and garnish my wages. I really, really do want to pay them. This is the first time I have ever been laid off and missed a payday loan but these guys just arent willing to make any sort of arrangements. The worst part is that I learned they aren't even licensed to do business in my state. They have a US address but the company hq is in Malta. So, they claim they do not need to follow any rules that California has. I even found a cease and desist letter for them. Anyways, I really do not want the embarrassment of them contacting people that I know or my former employer. I had an excellent relationship with my former employer. They think very highly of me. Also, since I am looking for a job I do not want anything that would give them a reason to give a bad recommendation. I really do not have the money though. I am unemployed. I applied for unemployment benefits but those have not come yet. I am just scrapping by. I am behind on my car note but I feel like I should pay this before zip19 because I need my car to get to work when I have a job. I have some other bills like rent that are looming. i just do not think I can comfortably pay them until I get my unemployment benefits check. If these people could give me at least two weeks to see what my check would be like, I could be ride of them. Sorry for the long post but I really do not know what to do.

Edited by tennischic

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Posted

illegal tactics and they ALL will say that.... they won't call anyone because they can get in trouble and they know it...

 

record the calls.. trust me

 

I had one tell me the sheriff was coming :) Report them to the California AG immediately..... if you want an attorney - pm me (and no it isn't me LOL)

Posted (edited)

Payday loans are a mess. Report them to the BBB, FTC, your states AG and your states Department of Financial Regulation.

 

They have already violated the FDCPA. Don't them them abuse you. If they contact people you know, you NEED to sue them. I cannot believe what these scumbags get away with.

 

STAY OFF THE PHONE WITH THEM.

 

http://www.dfi.ca.gov/contact.asp

Edited by wcnghj
Posted

its a former job.. don't worry about it.... trust me they will not call.. they are too afraid of being prosecuted...

 

take my advice here... AG and an attorney...

 

if you are really worried about your former job then tell your old manager there is someone harassing you and threatened to contact them.. you do not need to reveal your personal info to them.

Posted
What should I tell the payroll department at my former job? I am really worried about that part the most.

 

They cannot garnish your wages period. They aren't a licensed lender in your state.

 

Did you think they would send a lawyer from wherever they are based to your country?

Posted
its a former job.. don't worry about it.... trust me they will not call.. they are too afraid of being prosecuted...

 

take my advice here... AG and an attorney...

 

if you are really worried about your former job then tell your old manager there is someone harassing you and threatened to contact them.. you do not need to reveal your personal info to them.

 

 

They really are located in Malta. Also, the said since I got laidoff. I should have told them and they are trying to use it against me. Honestly, I thought I would have had started a new job by now since I had so many interviews lined up. I am still waiting to hear back.

 

http://northwayfinancial.com/contact.html

Posted

They can't garnish your wages without a judgment. Since they're in Malta they probably don't even have a relationship with the CRAs. Malta's laws don't apply in the US. Your best bet may be to stay off the phone with them until you're ready to pay. Review your loan documents and see if there are any default clauses that specify what might happen upon default. Good luck!

Posted

slow down and stop... listen to us l ol they can't do anything to you..

 

1. Send a formal complaint to the California AG

2. Contact an attorney - I have a consumer one that I work with if you need it

3. sit back :)

Posted

They may get wages without a judgment, because you probably agreed to a voluntary wage assignment in the loan paperwork. Send them a letter revoking any wage assignments. *Then* they can't get any wages.

 

Also inform them that you are revoking any and all authorization to initiate pre-authorized debits, ACH transactions, or any other debit instrument against any of your bank accounts.

 

They *will* still attempt to take money out of your account, but you have this letter and proof of sending it, your bank should quickly rectify the situation.

 

It's probably best to send this letter, inform your bank, and close the account and reopen another. Tell the bank you are afraid your account is compromised and want it closed and a new number issued.

 

Wether you intend to pay them or not is your business, but at least this way you can continue on reasonable terms and not have them hitting your bank account left and right causing huge overdrafts.

Posted (edited)
They may get wages without a judgment, because you probably agreed to a voluntary wage assignment in the loan paperwork. Send them a letter revoking any wage assignments. *Then* they can't get any wages.

 

Also inform them that you are revoking any and all authorization to initiate pre-authorized debits, ACH transactions, or any other debit instrument against any of your bank accounts.

 

They *will* still attempt to take money out of your account, but you have this letter and proof of sending it, your bank should quickly rectify the situation.

 

It's probably best to send this letter, inform your bank, and close the account and reopen another. Tell the bank you are afraid your account is compromised and want it closed and a new number issued.

 

Wether you intend to pay them or not is your business, but at least this way you can continue on reasonable terms and not have them hitting your bank account left and right causing huge overdrafts.

 

I think this is accurate. I will do this. I skimmed over the loan paperwork. I did not expect to have any problems paying it back so I was not worried.

Edited by tennischic
Posted

oK SERIOUSLY... they CANNOT garnish anything without a judgment.... they are NOT a legal company they can NOT do anything... the contract is NOT legal nor is it binding....

 

I and others have given you the correct solutions.... if they have your bank account number.. close it and reopen another account. If you don't want to do that, then call your bank and have them block the drafts.. its 15 bucks or so to do that.

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Posted
oK SERIOUSLY... they CANNOT garnish anything without a judgment.... they are NOT a legal company they can NOT do anything... the contract is NOT legal nor is it binding....

 

I and others have given you the correct solutions.... if they have your bank account number.. close it and reopen another account. If you don't want to do that, then call your bank and have them block the drafts.. its 15 bucks or so to do that.

 

+1

 

They make threats because that's all they can do.

Posted

So, I tell my old coworkers at payroll that I am being harassed. It is still going to make me look bad. They have their name and number which obviously someone had to give them. I can not act like I do not know this people. I clearly had some relationship with them. How do make it seem like I am not at fault? I am clearly am for not paying the loan back on time which I did not expect. I am sitting here hoping I wrote the wrong number on the application. *Sigh* I really hope I did not put my former boss's number. This is the person I care about most.

Posted

I have been threatened with that multiple times... like I said all you have to say to anyone is that there is someone harassing you and you have reason to believe they may have the number to the company. If you are proactive, there is nothing they can do nor will they do. They tell you these things (like calling your company) to scare you into paying ...

 

I have no reason to lie to you... they can not do anything legally or otherwise... you do not at this time owe them a dime.. they have now violated the law to an amount far greater than your payday loan...

 

You are going to have to snap out of the scared mode and get into pissed mode...

Posted
I have been threatened with that multiple times... like I said all you have to say to anyone is that there is someone harassing you and you have reason to believe they may have the number to the company. If you are proactive, there is nothing they can do nor will they do. They tell you these things (like calling your company) to scare you into paying ...

 

I have no reason to lie to you... they can not do anything legally or otherwise... you do not at this time owe them a dime.. they have now violated the law to an amount far greater than your payday loan...

 

You are going to have to snap out of the scared mode and get into pissed mode...

 

 

I said I would call the guy back in 2 days. I should not call then I am assuming and proceed to giving my former employer a headsup.

Posted

If you want to know what I would do...

 

1. tomorrow morning I would call the bank and stop any transfers and/or close my account

2. I would call my old boss and inform him that you have reason to believe that someone has their contact information and has been harassing you. Let him know you are handling it but wanted to let him/her know in case they got a strange phone call.

3. I would get a device to record the phone calls - ASAP

4. I would go here: http://ag.ca.gov/contact/complaint_form.php?cmplt=CL and file a complaint

5. I would then contact a competent consumer attorney (as I said I have one if you need one)

6. Any time they call, record the phone call - let me rack it up and send it immediately to attorney

 

This is me...

Posted
If you want to know what I would do...

 

1. tomorrow morning I would call the bank and stop any transfers and/or close my account

2. I would call my old boss and inform him that you have reason to believe that someone has their contact information and has been harassing you. Let him know you are handling it but wanted to let him/her know in case they got a strange phone call.

3. I would get a device to record the phone calls - ASAP

4. I would go here: http://ag.ca.gov/contact/complaint_form.php?cmplt=CL and file a complaint

5. I would then contact a competent consumer attorney (as I said I have one if you need one)

6. Any time they call, record the phone call - let me rack it up and send it immediately to attorney

 

This is me...

 

Well, I filled out the form.

I contacted some attorneys in my area before this post.

I really do not have money for one as I am unemployed. :cry2:

I will try to get a recording device.

I already emailed the bank about closing my account. I will have to wait a few days to close my account.

Posted (edited)
Garnish what wages? You don't have any.

 

They said from any future employers I may have. They can find me....yada yada yada

 

In this Loan Agreement (this "Agreement"), the words "you" and "your" mean the customer who has signed this Agreement and who is identified above. The words "us", "our", "we" and Creditor mean the lender in this transaction, Northway Financial Corporation Limited, conducting business in and incorporated under the laws of the Republic of Malta and duly licensed by the Malta Financial Services Authority. The word "Broker" means the broker in this transaction, Northway Broker Limited doing business as Zip19. Carrying on business in and incorporated under the laws of the Republic of Malta duly licensed by the Malta Financial Services Authority.

Promise to Pay: You promise to pay the "Total of Payments" shown in the box below on the due date shown in the "Payment Schedule" in the Disclosure box below, including the:

Broker Fee of: $ 112.98 due to the Broker in consideration for the services which the Broker provides to you.

Amount Financed of: $ 600.00 repayable to us, and

Loan Charge of: $ 6.90 due to us.

Other Terms: You authorize us or our financial institution to debit your Account through an Automated Clearing House ("ACH") debit at any time on or after the Loan due date for the Total of Payments. If there are insufficient funds in your Account on the day we debit your Account, a

$ 29.00 fee for insufficient funds will be charged by us and debited from your Account by the Broker. If we must send your Loan to a collection agency, you agree to pay any collection fees and reasonable attorney fees and other costs to collect the Loan.

You acknowledge that the Total Amount payable under this loan agreement has been pledged to third parties.

Because this Agreement is not made until we have accepted it at our office in the Republic of Malta, the laws of the Republic of Malta shall apply to this Agreement.

 

I wish I read this closer. OMFG!

Edited by tennischic
Posted (edited)

Also before you close your account, fax them a letter that you are revoking their ACH authorization. Also in that letter, inform them that you are revoking any wage assignment that you may have signed. Go to your bank, and talk to your branch manager, chances are CSR won't do diddly squat (Depending on the bank)

 

Hand this to your bank manager explain that this is an illegal company and you just found out and want to close your account due to illegal activity and that you have revoked their ACh authorization as your right per the Electronic funds Transfers act.

 

They(the pdl company) will NOT listen to the ACH revoke auth(this is more for your bank's purpose at this point) as everyone said, they are highly illegal in they and don't have a leg to stand on in the US. In fact I think FTC was in the process of suing them. (I haven't kept up on all the payday loan stuff, since I've paid off all my legal loans). You will get harrased, they will say you will get "downloaded, arrested, or have the sheriff come" do not pick up the phone, let it go to VM. These are all illegal tacts used by Illegal payday lenders, as everyone before me has said.

 

Besides, Unemployment is not garnishable for civil debts other than taxes,student loans etc.

 

Once you stop all communication with them, be prepaired for them to send it to a collection agency, chances are they will be illegal to. Just send them a DV, if they report it to the CRa's dispute it.

 

I've had several illegal payday loan companies do this to me and I disputed it with the Cra and they deleted it without a second thought.

Edited by beli
Posted (edited)

My bank will not close my account unless I bring it current. This is no longer my primary bank account since I had moved away from this area. I have several hundred dollars in overdraft fees from these guys. Also, I am unemployed. There is no way I am paying overdraft fees for these guys. My bank since I did business with them prior it does not matter if they were illegally doing business in California.

 

Argh.

 

Edit:Now, they say I need to fill out an affidavit in the branch.

 

Also before you close your account, fax them a letter that you are revoking their ACH authorization. Also in that letter, inform them that you are revoking any wage assignment that you may have signed. Go to your bank, and talk to your branch manager, chances are CSR won't do diddly squat (Depending on the bank)

 

Hand this to your bank manager explain that this is an illegal company and you just found out and want to close your account due to illegal activity and that you have revoked their ACh authorization as your right per the Electronic funds Transfers act.

 

They(the pdl company) will NOT listen to the ACH revoke auth(this is more for your bank's purpose at this point) as everyone said, they are highly illegal in they and don't have a leg to stand on in the US. In fact I think FTC was in the process of suing them. (I haven't kept up on all the payday loan stuff, since I've paid off all my legal loans). You will get harrased, they will say you will get "downloaded, arrested, or have the sheriff come" do not pick up the phone, let it go to VM. These are all illegal tacts used by Illegal payday lenders, as everyone before me has said.

 

Besides, Unemployment is not garnishable for civil debts other than taxes,student loans etc.

 

Once you stop all communication with them, be prepaired for them to send it to a collection agency, chances are they will be illegal to. Just send them a DV, if they report it to the CRa's dispute it.

 

I've had several illegal payday loan companies do this to me and I disputed it with the Cra and they deleted it without a second thought.

Edited by tennischic
Posted

what?? I am not understanding... ok if the bank account is Overdrafted then they can't pull it out anyway so let it be. If it isn't your primary bank then no worries...

 

It does matter if they are illegal and it doesn't matter if you did business with them prior.. that was before you KNEW that they were illegal...

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