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Need PD/Installment loan help in CA

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Posts: 11
Credits: 124.15

I live in California and have gotten myself in the same trap as so many others. I have pdl's with checkintocash, cashcure, cash yes, and installment loans with cashnetusa, check n go, and cash call. I'm hoping cash cure and cash yes are illegal in CA since I wasn't able to find them on the CA corp website. Here is an outline of my loans:

1. Cash Cure
-Initial Loan: $500
-Total Paid (Principal+int): $997
-Balance: $427

2. Cash Yes
-Initial Loan: $500
-Total Paid (Principal+int): $125
-Balance: $625

-Initial Loan: $2900
-Total Paid (Principal+int): $4250.32
-Balance: $1957.43

4. Check n go
-Initial Loan: $2600
-Total Paid (Principal+int): $1515.42
-Balance: $5051.42

5. Check into cash
-Initial Loan: $294.12
-Total Paid (Principal+int): $0
-Balance: $294

6. Cash Call
-Initial Loan: $2600
-Total Paid (Principal+int): $3577.77
-Balance: $2554.80

I closed my bank account with chase bank today and opened anothe account with another bank. I need to send ach revocations, is it ok to send via email? I have all email addresses except the one for cash call. Also can you please confirm which ones are legal?

Thanks in advance!

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.

Sub: #1 posted on Fri, 07/26/2013 - 08:06

rmssacrose rmssacrose

(Posts: 11 | Credits: 1.24)

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



customersupport@loanbyphon< /a>

Sub: #2 posted on Sat, 07/27/2013 - 00:40

rmssacrose rmssacrose

(Posts: 11 | Credits: 1.24)

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

Sub: #3 posted on Sat, 07/27/2013 - 01:50

momofthree27 momofthree27

(Posts: 358 | Credits: 46.68)

No, unfortunately its with cash call directly.

Sub: #4 posted on Sat, 07/27/2013 - 01:59

rmssacrose rmssacrose

(Posts: 11 | Credits: 1.24)

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 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

Sub: #5 posted on Sat, 07/27/2013 - 02:09

rmssacrose rmssacrose

(Posts: 11 | Credits: 1.24)

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.

Sub: #6 posted on Sat, 07/27/2013 - 03:16

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15511 | Credits: 1357.03)

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 Is that a good email address for them?

Sub: #7 posted on Tue, 07/30/2013 - 09:24

rmssacrose rmssacrose

(Posts: 11 | Credits: 1.24)

with illegal trash it's hit or 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.

Sub: #8 posted on Tue, 07/30/2013 - 18:50

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15511 | Credits: 1357.03)

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 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.


Cash Yes

Sub: #9 posted on Wed, 08/21/2013 - 22:21

rmssacrose rmssacrose

(Posts: 11 | Credits: 1.24)

you are not a resident of 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.

Sub: #10 posted on Wed, 08/21/2013 - 23:27

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15511 | Credits: 1357.03)

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