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Author Topic: Payday loan scam slammed
James
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posted 05 August 2004 12:43 PM      Profile for James        Edit/Delete Post  Reply With Quote 
For those babblers who are eternal skeptics on whether the justice system ever sides with the "little-guy", take heart from this recent Small Claims Court decision.

Its about time these outfits, (MoneyMart and their ilk) were called to account. I am only left wondering whether the borrower couldn't have hit them for punitive damages, as well, had he claimed them.


From: Windsor; ON | Registered: Mar 2004  |  IP: Logged
Bacchus
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posted 05 August 2004 12:59 PM      Profile for Bacchus     Send New Private Message      Edit/Delete Post  Reply With Quote 
I dont think you can get punitive damages in small claims. And the guy still lost money and his car. He just wasnt gouged as bad as they tried to do
From: n/a | Registered: Dec 2003  |  IP: Logged
lagatta
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posted 05 August 2004 01:00 PM      Profile for lagatta     Send New Private Message      Edit/Delete Post  Reply With Quote 
James, I'm glad to see that (though I confess to merely glancing at the court decision - I'll read it through later when I've got more time). But as long as poor people are denied access to basic banking services, MoneyMart and company will thrive - or even more uncontrollable, underground loan sharks will take up the slack.
From: Se non ora, quando? | Registered: Apr 2002  |  IP: Logged
exiled armadillo
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posted 05 August 2004 01:02 PM      Profile for exiled armadillo   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
So they go after him for the loan of $1000.00 he's already paid over 728.00 in admin fees alone and they award the guy 2928.00. some people have all the luck. I wonder if he knew he'd paid over 66.8% interest, or if he was suprised by the result.

[ 05 August 2004: Message edited by: exiled_armadillo ]


From: Politicians and diapers should be changed frequently and for the same reason | Registered: Jul 2004  |  IP: Logged
Bacchus
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posted 05 August 2004 01:18 PM      Profile for Bacchus     Send New Private Message      Edit/Delete Post  Reply With Quote 
Read it again. They took his car and sold it and he had paid out a lot more. End result was he was still out money and the car. He jsut got some of the really bad gouging reversed
From: n/a | Registered: Dec 2003  |  IP: Logged
James
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posted 05 August 2004 01:19 PM      Profile for James        Edit/Delete Post  Reply With Quote 
quote:
Originally posted by exiled_armadillo:
So they go after him for the loan of $1000.00 he's already paid over 728.00 in admin fees alone and they award the guy 2928.00. some people have all the luck.

I'm not sure if I understand your post. What the court did was disallow all of the interest and "administrative charges", credited the $728. that he had paid towards the loan principal, and ordered the loan co. to pay him the $3000. market value of his car, less the remaining $272. principal, plus $200. in costs in favour of the borrower.

I do think he probably could have done better had the case been plead differently, but still, it will hopefully disuade these assholes from some of their nastier practices. Don't forget, they will also be eating the auto towing, storage and auction charges, plus their own legal fees


From: Windsor; ON | Registered: Mar 2004  |  IP: Logged
James
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posted 05 August 2004 01:29 PM      Profile for James        Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Bacchus:
I dont think you can get punitive damages in small claims.

I could be wrong, but I don't know of anything that prevents a claim for punative or exemplary damages in Sm. C.C. (at least in Ontario.)

I'm currently preparing for a trial on behalf of my son against an O.P.P. officer for assault and battery, and have claimed such damages. The Attorney Genereal has not plead any such unavailability in the Defense, which I would have expected were you right. If anyone is aware of any such authority, please provide. Thanks


From: Windsor; ON | Registered: Mar 2004  |  IP: Logged
paxamillion
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posted 05 August 2004 01:38 PM      Profile for paxamillion   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Bacchus:
I dont think you can get punitive damages in small claims.

IANAL, but aren't punitive damages up to the judge to award?


From: the process of recovery | Registered: Jul 2002  |  IP: Logged
Socrates
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posted 05 August 2004 01:43 PM      Profile for Socrates   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
Hey James, if you don't mind talking about it I'd love to hear what happened to your son. The OPP beat him up?

Start a new thread even but i'd be curious to hear the story.

Thanks.


From: Viva Sandinismo! | Registered: Jun 2004  |  IP: Logged
Michelle
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posted 05 August 2004 01:49 PM      Profile for Michelle   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Socrates:
Hey James, if you don't mind talking about it I'd love to hear what happened to your son. The OPP beat him up?

Start a new thread even but i'd be curious to hear the story.


Me too!


From: I've got a fever, and the only prescription is more cowbell. | Registered: May 2001  |  IP: Logged
Privateer
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posted 05 August 2004 01:55 PM      Profile for Privateer     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by lagatta:
But as long as poor people are denied access to basic banking services, MoneyMart and company will thrive - or even more uncontrollable, underground loan sharks will take up the slack.

Its not just poor people. Lots of people with good jobs just have no idea how to handle credit. And you also have people who suffered from a bad set of circumstances (eg. divorce or business failure) that destroyed a good history.

One thing I found in handling customer service for a bank is that many people don't understand how damaging repeatedly missing credit card payment can be. It doesn't matter that you "plan" to pay it all off soon; the moment a minimum payment is missed it goes straight to the credit bureaus. Meanwhile, you don't actually have to pay many utility bills as consistently. The first thing to do each month (after you pay rent/mortgage), if money gets tight, is pay the minimum credit card payments first, and than see what else can be paid. And never max-out your credit. In fact, if you can do it, only ever use a small portion of it. Owing 9K on a 10K card looks bad even if you're making your payments. Ironically, owing 9k on 30K in available credit looks a lot better.


From: Haligonia | Registered: Dec 2002  |  IP: Logged
lagatta
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posted 05 August 2004 02:01 PM      Profile for lagatta     Send New Private Message      Edit/Delete Post  Reply With Quote 
By poor people, I did not mean only people receiving welfare, UI or other government cheques. Usually those can be cashed. I'm thinking as much of the many people (including self) on "contingent" employment.

Well, you are right about credit cards, (not that I have any) but if your phone or electricity is about to be cut, of course you'll pay them first.
Yes, often a personal catastrophe, such as a divorce or a spouse who incurs debts, an unexpected illness etc. can wreck people's finances, even if they never were spendthrifts.


From: Se non ora, quando? | Registered: Apr 2002  |  IP: Logged
James
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posted 05 August 2004 02:01 PM      Profile for James        Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Socrates:
Hey James, if you don't mind talking about it I'd love to hear what happened to your son. The OPP beat him up?

No, I don't mind providing the basics because it is a pet peeve of mine the way some police treat young people. For obvious reasons I won't be using names or identifying information. And it's definitely a "new thread" thing. Won't be this afternoon though, as I do have some paying work to do. In the meanwhile, if Mods or others have concerns about such a topic; please let me know by P.M.


From: Windsor; ON | Registered: Mar 2004  |  IP: Logged
Privateer
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posted 05 August 2004 02:14 PM      Profile for Privateer     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by lagatta:
By poor people, I did not mean only people receiving welfare, UI or other government cheques. Usually those can be cashed. I'm thinking as much of the many people (including self) on "contingent" employment.

I think its shocking that some employers in these modern times refuse to electronically deposit paycheques. They must know using paper cheques puts some of their employees through heck, waiting several days to access their pay.


From: Haligonia | Registered: Dec 2002  |  IP: Logged
Mr. Magoo
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posted 05 August 2004 02:45 PM      Profile for Mr. Magoo   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
They must know using paper cheques puts
some of their employees through heck, waiting several days to access their pay.

As a starving student I was paid with paper cheques. I don't know if there are banks that will refuse to honour a deposited cheque on the same day, but my basic account with TD allowed me to immediately withdraw any cheque I deposited.

The only exception, and I found this out the hard way, was an ABM deposit of a cheque over $1000, which I found out has a five day wait for clearance. This threatened to mess up my weekend, so I called TD and over the phone they cleared me $150.

If your bank won't let you access your own paycheques, switch banks!


From: ø¤°`°¤ø,¸_¸,ø¤°`°¤ø,¸_¸,ø¤°°¤ø,¸_¸,ø¤°°¤ø, | Registered: Dec 2002  |  IP: Logged
Privateer
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posted 05 August 2004 03:09 PM      Profile for Privateer     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Mr. Magoo:

The only exception, and I found this out the hard way, was an ABM deposit of a cheque over $1000, which I found out has a five day wait for clearance. This threatened to mess up my weekend, so I called TD and over the phone they cleared me $150.

If your bank won't let you access your own paycheques, switch banks!


Actually, switching banks is the last think you should do. There are two reasons why a bank will hold, or partially hold, a cheque: if you have bad credit or if you're a new customer. If you have bad credit it will follow you where ever you go. If its cuz you're new, its better to wait the few months it takes for the bank to feel it can trust you than start all over again elsewhere (all banks and credit unions are very similar with this).

The way holds work is bank will release so much depending on the above criteria. If you deposit a $500 cheque, and the bank has your account set at "hold all but $300" than you'll be able to immediately access $300, and $200 is held for a week. Sometimes its just a matter of calling the bank and requesting your holds be reviewed. Again, if you know you have good credit and are a long-time customer, you may get it improved more or less permanently.

Banks may do what they did for you - release part of an existing hold - but the slightest blotch in banking or credit history would prevent that...same goes if you're a really new customer.


From: Haligonia | Registered: Dec 2002  |  IP: Logged
Mr. Magoo
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posted 05 August 2004 03:18 PM      Profile for Mr. Magoo   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
Hmmm. The only thing that doesn't make sense about that is that I can't imagine, for the life of me, ever having had good credit.

Would it be of any help to get an account at the same branch as your company paymaster? In other words, if my employer's bank is CIBC, and my paycheque says CIBC, if I have an account at CIBC could I not get my entire paycheque deposited and available?


From: ø¤°`°¤ø,¸_¸,ø¤°`°¤ø,¸_¸,ø¤°°¤ø,¸_¸,ø¤°°¤ø, | Registered: Dec 2002  |  IP: Logged
Michelle
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posted 05 August 2004 03:33 PM      Profile for Michelle   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
I don't have good credit either after my long bout of unemployment last year.

However, the Metro Credit Union in Toronto will allow you access to your paycheques automatically if they're direct-deposit. And they told me when I opened the account that if I didn't have the option of direct deposit, then if I brought the cheque in person, I could request access to it right away if it was a paycheque, and they would do it.

They also said that if I couldn't make it to the bank in person during business hours, I could deposit it by machine, and then call the bank (and at credit unions, they get to know you on a first-name basis if you have regular dealings with them by phone) during business hours and ask them to give you access to the money (or enough of the money that you can get by) and it's no problem.

Direct deposit is probably your best option if possible though. I don't think they'll hold it in that case. I'm not sure if there's less time if it's the same bank as your employer. But what I do know is that at the Metro Credit Union, I once went there (in person) with a personal cheque written to me by another person who banks there. And they cashed it immediately, even though they have a holds policy on cheques, especially personal cheques. So they likely would with cheques from employers too.

[ 05 August 2004: Message edited by: Michelle ]


From: I've got a fever, and the only prescription is more cowbell. | Registered: May 2001  |  IP: Logged
Privateer
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posted 05 August 2004 03:35 PM      Profile for Privateer     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Mr. Magoo:
Hmmm. The only thing that doesn't make sense about that is that I can't imagine, for the life of me, ever having had good credit.

Would it be of any help to get an account at the same branch as your company paymaster? In other words, if my employer's bank is CIBC, and my paycheque says CIBC, if I have an account at CIBC could I not get my entire paycheque deposited and available?


Good credit is a relative term. You may think yours is bad, but it appears there are people with a lot worse credit than yours as I know for a fact many people can't get any amount released early. I bet you're a long-time TD customer. I've had a TD account since I was a child and I have no holds at all.

It normally doesn't matter where you and your employers bank accounts are. It doesn't hurt to ask, but usually it won't matter. Federal government cheques to a certain amount, $1500 I believe, are insured and anyone can cash those immediately. I've heard there are cases where cheques from a really huge employer in a town (like the local mill or auto plant) are given an exception.


From: Haligonia | Registered: Dec 2002  |  IP: Logged
Privateer
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posted 05 August 2004 03:43 PM      Profile for Privateer     Send New Private Message      Edit/Delete Post  Reply With Quote 
All financial institutions give immediate access to direct-deposited cheques. They are considered cleared immediately (the actual money is verified), but paper cheques have to be cleared by the processing centre (which takes few days, apparently).

Michelle, your credit can't be that bad, especially if you can cash personal cheques.

Another big thing that can mess up someone's ability to cash cheques is bank fraud. There more people out there than you might realized who have a committed fraud against a financial institution. And the banks and credit unions all share this info, and its more or less permanent. A desperate act like depositing an empty envelope into a bank machine will haunt some people for decades (if not for the rest of their lives).


From: Haligonia | Registered: Dec 2002  |  IP: Logged
DrConway
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posted 05 August 2004 06:43 PM      Profile for DrConway     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Privateer:
Federal government cheques to a certain amount, $1500 I believe, are insured and anyone can cash those immediately.

I had my bank hassle me over a $1200 income tax refund check back in 1996. Jesus christ almighty.

And I used to get checks from the Ministry of Skills, Training and Labour when I was going to a technical school, and one lady said something like "Well, what if they put a stop on the check?" or some insanely dumb crap like that. I had to point out that it was a government check and that the government was always good for its money.

About the only good thing CIBC ever did for me was take all the holds off after I'd cash those Skills, Training and Labour checks every month and take it in cash because if I deposited it in the ATM, all the money would be locked up solider than a drum for 5 days. So one day the lady at the till pulled the holds off. I assume it was because the bank wanted to get rid of me.

But then I had a roommate bounce a check on me for rent in 1998, and BAM, the holds were put back on. Three phone calls later, still no resolution of the problem so I said fuck it and switched banks.

Today? My current bank lets me get at the first $500 of any cash/instrument deposit and the remainder after 5 days. And electronic deposits ... sky's the limit.

One old thread about pawn shops and payday loan places.
Another old thread about rent-to-own and payday loans.

[ 05 August 2004: Message edited by: DrConway ]


From: You shall not side with the great against the powerless. | Registered: May 2001  |  IP: Logged
Privateer
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posted 05 August 2004 09:23 PM      Profile for Privateer     Send New Private Message      Edit/Delete Post  Reply With Quote 
Oh yeah, I forgot, receiving a bounced cheque is another way you're sure to end up with a hold. I know its not your fault, but the bank can only see it from the risk perspective (if you get one rubber check, why not more?). I can guarantee you that if you receive another rubber cheque, your current banks friendly hold policy will be reviewed, unfortuneately.

Re: with Federal government cheques (and only Federal), the amount that is insured has changed over the years. But I can guarantee you that if you walk into YOUR bank with an income tax refund under $1500 you can get it in cash providing you have proper ID and assuming they have enough cash in the safe. If the teller says no, talk to the manager. Note: Do not deposit it in the ABM, this only works at the teller.

And again, let me emphasize that electronic or automatic deposits are never held by any bank or CU ever. On the other hand, I can't say the same thing for Money Orders and Certified Cheques


From: Haligonia | Registered: Dec 2002  |  IP: Logged
DrConway
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posted 05 August 2004 09:26 PM      Profile for DrConway     Send New Private Message      Edit/Delete Post  Reply With Quote 
Oh, bloody hell. Money Orders. UGH! I deposited one, and I explained to the guy on the phone that it was a money order, guaranteed good, no risk, and the idiot still wouldn't unfreeze the deposit for the entire amount instead of just the first $500.

The government really needs to start nationalizing the banks. All the little chintzy ways the cheap bastards grind you and nickel-and-dime you for your own money just add up to one big pile of frustration, and because the banks are so big, they don't even care.


From: You shall not side with the great against the powerless. | Registered: May 2001  |  IP: Logged
Privateer
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posted 05 August 2004 10:15 PM      Profile for Privateer     Send New Private Message      Edit/Delete Post  Reply With Quote 
People think that Money Orders are as good as cash, but they aren't. Say you put an ad in the paper to sell your car, and some stranger agrees to buy it Money Order. If they pay a fee to their bank, their bank will stop the Money Order if this person provides the stub. You now have no car and no money. Think again if you accept money orders, especially from strangers. Only cash is cash.

But yeah, its time to clamp down on the banks.


From: Haligonia | Registered: Dec 2002  |  IP: Logged

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