Friday, June 12, 2015

Military Payday Loan Protection - Payday Lenders, Credit Agreements, Interest Rate Caps

Now if we could do this for all payday lenders! payday lending among military personnel is rampant, many offices are set up as close to military bases as possible. With military personnel feeling the crunch even more than most consumers, this industry seems to be preying on service people.

Payday loans (and certain other financing) offered to servicemembers and their dependents must include certain protections, under Federal law and a Department of Defense rule. For example, for payday loans offered after October 1, 2007, the military annual percentage rate cannot exceed 36%. Most fees and charges, with few exceptions, are included in the rate. Creditors also may not, for example, require use of a check or access to a bank account for the loan, mandatory arbitration, and unreasonable legal notices. Military consumers also must be given certain disclosures about the loan costs and your rights. Credit agreements that violate the protections are void. Creditors that offer payday loans may ask loan applicants to sign a statement about their military affiliation.
Even with these protections, payday loans can be costly, especially if you roll-over the loan. You instead may be able to obtain financial assistance from military aid societies, such as the Army Emergency Relief, Navy and Marine Corps Relief Society, Air Force Aid Society, or Coast Guard Mutual Aid. You may be able to borrow from families or friends, or get an advance on your paycheck from your employer. If you still need credit, loans from a credit union, bank, or a small loan company may offer you lower rates and costs. They may have special offers for military applicants, and may help you start a savings account. A cash advance on your credit card may be possible, but it could be costly. Find out the terms for any credit before you sign. You may request free legal advice about a credit application from a service legal assistance office, or financial counseling from a consumer debt counselor, including about deferring your payments.
Military consumers can contact the Department of Defense, toll-free 24 hours a day, 7 days a week, at 1-800-342-9647, or at www.militaryonesource.com. Information on the Department of Defense rule, alternatives to payday loans, financial planning, and other guidance is available.
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How to Get Out of Payday Loan Hell

It’s bad enough getting into a payday loan in the first place. But even more fun is involved if you are unable to pay back your payday loan. Most companies keep piling up interest and late fees, making it tough to repay the loan. A reader recently wrote of her experience paying back a horrendous payday loandebt. It was very inspirational, a true example of being an assertive, informed consumer. She avoided all add-on late fees and was able to pay it off. It pays to read (and also not to do payday loans in the first place).

I got involved in a payday loan and it looked like I would never get out of it. Until then, I was going to continue to keep paying all these extra fees. I started reading the terms and conditions of the contract that I signed. It specifically said in the terms that if I defaulted on the loan, that it would go into arbitration after 60 days. Now if you pay on the loan bi-weekly, that means you have 4 paychecks to pay it off. Not just that but if you stopped paying on the loan, it is ILLEGAL for them to continue adding the ballooned interest unless you sign another contract agreeing to it.
With this knowledge, I STOPPED paying my loan. I then sent them a letter stating that I refused to pay their interest anymore since I was no longer able to keep up with it financially. I told them that I would be making payments to them every 2 weeks until the loan was paid. I also included a Cease and Desist clause in there since I was making a payment plan which was satisfactory to my situation. Then every week I made sure to send a payment in the form of a Cashier’s Check until it was paid. I never heard a word from them and the loan was paid in full without a single phone call. At the end I did receive a letter from them thanking me for paying the account in full and that was it. never paid a penny more in interest or anything.
So if anyone is stuck in a never ending student loan and wants an out to the nightmare, You can send them a letter using the information at the bottom of this post. Just make sure you look at and clearly understand the terms of your loan.
The magic letter:
I am presently going through some financial difficulties and fear that I must amend the amount to be re-paid on my current contract. Payments will be made regularly until the debt is paid in full. As a reminder, the debt will be paid within the 60 days the contract requires before any collection attempts can be made by your agents. Any attempts to place negative information on my credit report before that time will be met with legal remedies. Enclosed you will find a cashier’s check in the amount of $100 to be applied towards the balance of the debt as an act of “good will” that I intend to satisfy this debt.
 
At this time I also request that all communications Cease and Desist in regards to this debt. This is a notice that any phone calls from employees or registered agents of PLS to my place of employment, home phone, and references are to stop. My schedule makes it impossible to be available to receive phone calls during normal business hours. Be advised that any phone calls received in regards to this debt, will be recorded and by doing so after receiving this letter will be considered an acknowledgment of their agreement to being recorded.
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Instant Payday Loan

Have you found that every time your expenditure crosses your revenues? Isn’t it hard to manage all the rising expenditures of a whole month with just few bucks you get as your salary? Or may be, there are months full of holidays and occasions when you are bound to spend more than any other month. And by that, near the end of the month you are left hardly with a note or two! Well, for all those people who have faced situations as these, there are instant payday loans. A payday loan is a short-term loan with a small amount of money. It is designed to serve the purpose of monthly expenditure until the next month’s salary is issued. The instant payday loans are also referred to as cash advances. Typically, the tenure period of such loans are between ten days to twenty days. The amount of the loan ranges from $100 to $1500. The interest rates are generally high with 390% to 900% annualized value. The instant payday loan is sometimes the only option for people with bad credit or those who face refusals from financial institutions for loans or credit cards facilities.


An instant payday loan is the savior in case of emergencies. Accidental incidents form the need for urgent money. And this quick arrangement is possible with this option. There are many financial organizations, especially Christian loan institutions, which can help you out from these terrible situations with payday loans with nominal formalities, sometimes even without a detail credit check in case of no fax payday loans. This is due to the fact that the policy of instant payday loan is to fetch you the money as soon as possible, and every other official details follow later.

There are also options available where an instant payday loan does not come up with debt risks or interest payments. This high dependability comes up with the notion that a payday loan is to acquire your own money that you are going to receive in a few weeks. This type of loan generally takes one to three hours for approval. Then you can have your immediate cash in total two to four hours. There are also other options as same day payday loans and overnight payday loans.

With the advent of Internet, online financial loans and banking processes have spun up. The online instant payday loan may quicken the process with lesser complexities and fast reaching facilities. However, online loans generally come up with high interest rates and late fees payments. This results into rising risks for APR of 300 to 1200%. Various online loans systems demand a little more fees and charges than others. This destroys the economic feature of the payday loans.

For an instant payday loan, you must be 18 years of age, owning at least a three months’ old direct deposit savings or checking account, employed at least for last three months, earning at least $1000 per month with distinct pay slips details and without multiple balances from previous debts and loans. With all these requirements prepared now you can shop for your instant payday loan and fetch it really in an instant!
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Big fall in payday loan problems reported to Citizens Advice

The number of payday loan problems being reported to Citizens Advice has nearly halved compared with a year ago.

The rights organisation said it helped with 5,554 payday loan problems across England and Wales from January to March 2015, marking a fall of 45% on the same period in 2014, when 10,155 problems were reported.
The payday loans industry has undergone a huge clampdown since coming under the regulation of the Financial Conduct Authority in April 2014.
In January 2015, a cap on the overall cost of a payday loan was imposed, meaning that borrowers who cannot afford to repay their debt on time will never pay back more in charges than the sum they initially wanted to borrow.
Fears were raised by the FCA’s predecessor body, the Office of Fair Trading, that some payday firms had appeared to base their business models around people who could not afford to pay back their loans on time, meaning the cost of the debt ballooned as they were forced to roll it over and extra fees and charges were piled on.
After coming under the FCA’s supervision, payday lenders were banned from rolling over a loan more than twice and they can only now make two unsuccessful attempts to claw money back out of a borrowers’ account.
Citizens Advice welcomed the fall in payday loan problems but said it is important to keep a “watchful eye” on the industry.
It is also calling for other high-cost credit products, such as logbook and guarantor loans, to come under similar scrutiny.
Someone taking out a logbook loan puts up their car as security. These loans have been compared with using a pawnbroker, in that full ownership of the car is retained until the loan has been paid off.But issues reported to Citizens Advice about logbook loans include high interest rates, excessive fees and charges and aggressive behaviour when collecting debts.
Borrowers can take out a guarantor loan by getting a friend or family member to act as their guarantor. This means if the borrower cannot repay the loan the guarantor has to. But Citizens Advice said it has seen evidence that proper checks are not always being carried out.
It highlighted one case in which a Citizens Advice client took out a high-interest loan, with her sister as the guarantor. It said that when the client was struggling to make payments the lender began sending text messages to her sister’s young son asking for money.
The charity said it is monitoring reports about logbook and guarantor lenders and will share its findings with regulators.
Citizens Advice chief executive Gillian Guy said: “The drop in the number of problems reported to us about payday loans is good news for consumers and demonstrates the impact a strong stance against irresponsible lending can have on people’s lives.”
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New payday loan rules to cap fees, total cost and default charges

The UK’s financial watchdog is clamping down on payday loans, with new rules to ensure that borrowers are never forced to repay more than double the amount of their original loan.

The Financial Conduct Authority (FCA) said interest and fees will be capped at 0.8% a day, lowering the cost for most borrowers, while the total cost of a loan will be limited to 100% of the original sum. Default fees will be capped at £15 in an effort to protect people struggling to repay their debts.
The changes, which will come into force on 2 January, mean that someone borrowing £100 for 30 days will not pay more than £24 in fees and charges if they repay the loan on time.
But the Labour MP Stella Creasy, who has led the campaign against doorstep lenders, slammed the FCA plans – unchanged from an original draft published in July – as an early Christmas present to the “legal loanshark” industry.
The FCA said it did not want to drive payday lenders out of business. The regulator estimates the lenders will lose 70,000 borrowers, 7% of the total market, as a result of the changes, as they restrict less profitable loans.
Martin Wheatley, the FCA chief executive, said: “I am confident that the new rules strike the right balance for firms and consumers. If the price cap was any lower, then we risk not having a viable market, any higher and there would not be adequate protection for borrowers. For people who struggle to repay, we believe the new rules will put an end to spiralling payday debts. For most of the borrowers who do pay back their loans on time, the cap on fees and charges represents substantial protections.”
In the five months since the FCA took over regulation of consumer credit, the number of loans and the amount borrowed has dropped by 35%.The chancellor, George Osborne, said: “We created a powerful new consumer regulator to regulate the payday lending industry and legislated to require the FCA to introduce a cap on the cost of payday loans. This is all part of our long-term economic plan to have a banking system that works for hard-working people and make sure some of the absolutely outrageous fees and unacceptable practices are dealt with.”
But critics accused the FCA of allowing “legal loan sharks” to slip through the net. “Today’s news will be welcomed as an early Christmas present for Britain’s legal loansharks,” said Creasy. “This cap is just £1 lower than their current charges. This is an industry where some firms are making nearly three quarters of a million pounds a week from British customers – such a high cap will do little to tackle these rip-off charges.
“We’ve warned regulators this cap needs to be much lower to really change the behaviour of these companies, but today’s announcement shows they are still not listening. Other countries are much stronger at taking on these companies.”
She said borrowers in Japan, Australia, Canada and parts of the US have better protection than UK consumers.
Debt charities gave the plans a cautious welcome, but urged the regulator to ensure that lenders did not simply change their business model to flout the rules.
Joanna Elson, chief executive of the Money Advice Trust, which runs National Debtline, said: “We hope that these measures will bring an end to the inappropriate lending that we have seen from this industry. However, the FCA will need to be vigilant to ensure that lenders do not simply change their business models to try to evade the rules.”
She added that even under the new rules, many people will still end up repaying very high amounts when they would be better off with free debt advice from charities.
The Consumer Finance Association (CFA), which represents some of the best-known payday lenders, has said the plans will drive some firms out of business. It estimates that only four players will remain in the market: three online lenders and one high street chain. “We will inevitably see fewer people getting fewer loans from fewer lenders,” said Russell Hamblin-Boone, chief executive of the CFA.
Wheatley said payday lenders could disappear from the UK high street within a year, although the FCA’s modelling suggested it was more likely that a few players would remain. Speaking on BBC Radio 4’s Today programme, he said: “We don’t want to close the industry, we want to change it so that it operates in a way that delivers good outcomes.”
He dismissed industry claims that thousands of people would lose out as a result of tighter access to credit, saying there were “a lot of myths in this space”.
According to FCA modelling, a majority of the 70,000 people who will no longer have access to payday loans will make do without getting a loan; others would borrow from family or an employer and only 2% would go to a loan shark.
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