| 01/17/2022 |
Yes |
- Payday loan, title loan, or personal loan
- Payday loan
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- Can't contact lender or servicer
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Web |
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In XX/XX/XXXX, I was approved for an online loan with Advance.Cash. In hindsight, this was a foolish, uneducated decision made on my part. I erroneously assumed that this company would follow all laws and regulations.
Advance.Cash holds no license to issue loans to South Carolina residents. I am a resident of South Carolina. I contacted the South Carolina State Department of Financial Institutions and they verified that Advance.Cash is not licensed in South Carolina, therefore the loan contracts I had with Advance.Cash, according to my state 's laws, were never enforceable. To give Advance.Cash the benefit of the doubt, I requested a copy of its license to conduct business in South Carolina and was never provided a copy.
South Carolina Code 34-39-110 regulates consumer loan lenders in South Carolina. As a resident of SC, I am subject to its laws. Lenders must have a license in South Carolina under the state law. Advance.Cash may be subject to tribal law based on its affiliation with Mandan, Hidatsa, and Arikara Nation. I am not a member of that community ; therefore, I am not subject to tribal law. Because it is not licensed by my state and because I am not subject to tribal law, ALL loan contracts entered into are null and void.
As a resident of South Carolina, I am protected by the South Carolina Code of Laws, The Consumer Finance Act, Title 34 Banking, Financial Institutions and Money XXXX XXXX Consumer Finance Law. Section D clearly states that Advance.Cash has no right to collect any portion of the money lent in violation of South Carolina law. It reads as follows : ( a ) " Consumer finance company '' shall include all persons conducting the business of making advances of cash in amounts of seventy-five XXXX dollars or less. ( a ) No person shall engage in the business of lending in amounts of seventy-five XXXX dollars or less and contract for, exact or receive directly or indirectly, or in connection with any such loan, any charges, whether for interest, compensation, consideration or expense, which in the aggregate are greater than the interest rate permitted by the general usury statute, except as provided in and authorized by this chapter and without first having obtained a license from the Board. d ) Any contract of loan, the making or collecting of which violates subsection ( a ) of this section shall be void and the lender shall have no right to collect, receive or retain any principal, interest or charges whatsoever, except in the case of bona fide error.
I quickly learned that Advance.Cash is Makes Cents Inc. Despite claiming that it is not Makes Cents Inc, on its website, Advance.cash solely lists Makes Cents Inc in the " Contact Us '' area.
Makes Cents Inc is embroiled in numerous legal issues. I have also uncovered interesting information regarding XXXX XXXX and its connection to Makes Cents Inc. In an XX/XX/XXXX news article, it states : " XXXX XXXXbased business XXXX XXXX XXXX and founding co-owners XXXX XXXX and XXXX XXXX are facing a class-action lawsuit over an alleged nationwide payday lending program that imposed exorbitant annual interest rates while using Native American tribes as a front ... In an effort to avoid state and federal regulations on usurious lending schemes, XXXX XXXX XXXX allegedly hid behind the XXXX Nation, a XXXX American group composed of the Mandan, Hidatsa and Arikara tribes located in XXXX XXXX, a remote reservation in North Dakota, the lawsuit alleged. While the XXXX XXXX acts as the tribal lender on paper, XXXX XXXX XXXX directs the lending operation ''.
South Carolina lending laws are outlined in a lawsuit pending against Makes Cents Inc. A lawsuit was filed in XX/XX/XXXX against Makes Cents Inc and the Mandan , Hidatsa , and Arikara Nation . The suit states : In recent years, online lenders have concocted various schemes to make high- interest loans over the internet while avoiding state usury laws, including the off-shore scheme and the tribal or sovereign lending scheme. In the so-called off-shore model, the lender is purportedly located off-shore, such as in XXXX, but in reality, the lender operates in the United States. In XXXX, the Department of Justice initiated XXXX XXXX. Since XXXX XXXX, online lenders have transitioned to tribal lending schemes. In a tribal lending scheme, the lender affiliates with a Native American tribe to attempt to enhance the appearance of tribal ownership and insulate the scheme from federal and state law by piggy-backing on the tribes sovereign legal status and the tribes general immunity from suit under federal and state laws. In a tribal lending scheme, the tribe sets up a company that purportedly makes the loans while entering into an agreement with a servicing or consulting company that controls the entire business and retains the vast majority of the revenue from the scheme, leaving the tribe with one or two percent of the revenue. In this case, non-tribe members XXXX XXXX and XXXX XXXX and their company XXXX XXXX XXXX VI, LLLP ( collectively, the XXXX XXXX Defendants ) ran the lender Makes Cents , Inc. XXXX XXXX ( XXXX ), a purportedly tribal entity of the Mandan, Hidatsa, and Arikara Nation ( collectively XXXX the XXXX Nation or the XXXX XXXX in North Dakota that makes XXXX XXXX to persons located throughout the United States. '' At the time of this dispute in XXXX, Makes Cents Inc did not conduct its business on the XXXX XXXX XXXX, home of the Three Affiliated Tribes Mandan, Hidatsa, and Arikara Nation. It actually conducted its business outside of the United States. Makes Cents Inc claims to be wholly governed by Mandan, Hidatsa, and Arikara Nation, which is part of the Three Affiliated Tribes of the XXXX XXXX XXXX. In my dispute against Makes Cents Inc d/b/a Advance.Cash, I did extensive research. I made numerous telephone calls and, through those, I learned that it was actually located in XXXX even within the United States let alone North Dakota or on the XXXX XXXX Reservation!
Makes Cents Inc d/b/a Advance.Cash owes me {$250.00} that I paid to this illegal loan. Again, per South Carolina law, the lender shall have no right to collect, receive or retain any principal, interest or charges whatsoever. Advance.Cash owes me that {$250.00} I paid as it had now legal right to collect any money from me.
Makes Cents Inc also owes me from a loan under its XXXX name. I paid approximately {$4500.00} in fees for this loan. Makes Cents Inc only refunded {$2000.00}. Again, per South Carolina law, the lender shall have no right to collect, receive or retain any principal, interest or charges whatsoever. Makes Cents Inc still owes me {$2500.00}.
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| 12/30/2021 |
Yes |
- Debt collection
- Payday loan debt
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- Attempts to collect debt not owed
- Debt was paid
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Web |
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In the spring of 2019, I foolishly took a loan in the amount of {$500.00}. I made two payments of {$120.00} each totaling {$250.00}. I then discovered that Advance.Cash is also Makes Cents Inc!
I had a separate loan with Makes Cents Inc XXXX XXXX. I successfully proved that this loan had been made fraudulently and not only did Makes Cents Inc dissolve the loan, it actually REFUNDED the payments I had made.
Makes Cents Inc also agreed to dissolve the loan with Advance.Cash. I was absolved of any additional payments and the balance due was made XXXX!!!
Now nearly THREE YEARS later, Makes Cents Inc d/b/a Advance.Cash has turned my name and SSN over to a collection agency which has now tarnished ALL THREE of my credit reports!!
NO communication was EVER sent to me about this!!!! This is an additional act of FRAUD!!!
I am a resident of South Carolina. After doing research regarding Internet Tribal payday loan laws in the State of South Carolina, I found that Makes Cents Inc payday loans are actually illegal. I contacted the South Carolina State Department of Financial Institutions and they verified that Makes Cents Inc is not licensed in South Carolina, therefore the loan contracts I had with Mandan, Hidatsa, and Arikara Nation d/b/a Makes Cents Inc d/b/a XXXX XXXX according to my state 's laws, were never enforceable.
As a resident of SC, I am subject to its laws. South Carolina Code 34-39-110 regulates payday loan lenders in South Carolina. Lenders must have a license in South Carolina under the state law. The loans issued to me were payday loans. Payments were due on each payday making them payday loans by the very simple definition. Makes Cents Inc may be subject to tribal law based on its affiliation with Mandan, Hidatsa, and Arikara Nation. I am not a member of that community ; therefore, I am not subject to tribal law. Because it is not licensed by my state and because I am not subject to tribal law, ALL loan contracts entered into are null and void.
Makes Cents Inc claims to be wholly governed by Mandan, Hidatsa, and Arikara Nation, which is part of the Three Affiliated Tribes of the XXXX XXXX XXXX. In my telephone communications, I learned that it is actually located in XXXXnot even within the United States let alone North Dakota or on the XXXX XXXX XXXX! I have also uncovered interesting information regarding XXXX XXXX and its loan sharking charges and connection to Makes Cents Inc.
I demand Makes Cents Inc d/b/a Advance.America immediately contact XXXX XXXX XXXX in XXXX XXXX Arizona and REMOVE all records of my affiliation with this company!!!
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| 10/25/2022 |
Yes |
- Debt collection
- Payday loan debt
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- Took or threatened to take negative or legal action
- Threatened or suggested your credit would be damaged
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Web |
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I took out a payday loan with Advance cash during the Covid pandemic. I could not continue to pay it off with the high interest and high payments. The interest they charge is far above allowable usury so I am not sure how this even happens? How do I know after making payments for as long as I did is the balance higher than the original loan amount? Advance Cash sold this debt to XXXX XXXX XXXX. These people have called me, my mother and my sister and threatened to come arrest me at work. They have sent several messages about pending legal action, warrants, and asking my address to come arrest me. They have also sent several emails saying there was a warrant out for me and even used a lawfirm paper head saying i had an active case. I called the lawfirm and learned that was a lie and that these people were representing themselves using the name of a big law firm to intimidate me. Now I see that XXXX XXXX XXXX has reported this on my credit report. When will this harassment end? This cant be Ok!
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| 01/13/2022 |
Yes |
- Debt collection
- Payday loan debt
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- Threatened to contact someone or share information improperly
- Talked to a third-party about your debt
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Web |
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Spoke with XXXX XXXX from location services this morning at XXXX XXXX and confirmed identity. XXXX proceeded to phone my mother and call and leave a message for my brother after the phone call to me. Both reference legal proceedings and XXXX county courthouse. My mother and brother contacted me worried about what is going on. After calling the court house and checking the dockets there is nothing with the court and the sheriff perfects service. I spoke with XXXX at XXXX, the company phone number the provided me with, and told them three times to stop contacting my family. XXXX refuses to acknowledge this is on behalf of them. I dont know what more to do. They need to leave my family out of this and stop lying about court proceedings and documents that were filed.
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| 01/29/2022 |
Yes |
- Debt collection
- Payday loan debt
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- Written notification about debt
- Didn't receive enough information to verify debt
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Web |
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XXXX XXXX XXXX added a bogus collection to my XXXX account that is not mines. I did not receive a written communication announcing this debt. I did not receive any written communication citing my dispute rights. I've never heard of the collection agency or the original creditor. I don't even have any voicemails or other communications from this collection agency. I believe that this agency is fraudulently trying to collect money from me for a bogus account by placing this account on my XXXX Credit report without any written or verbal communication, in hopes that I would call and pay something that I do not owe.
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| 12/12/2023 |
Yes |
- Payday loan, title loan, personal loan, or advance loan
- Payday loan
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- Can't contact lender or servicer
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Web |
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They threatened to have me arrested yet never provided me with information regarding a court date, payment choices nor have they attempted to contact me prior to sending a threatening email.
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| 01/14/2024 |
Yes |
- Payday loan, title loan, personal loan, or advance loan
- Installment loan
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- Struggling to pay your loan
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Web |
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| 11/11/2022 |
Yes |
- Payday loan, title loan, or personal loan
- Installment loan
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- Struggling to pay your loan
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Web |
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| 09/02/2022 |
Yes |
- Payday loan, title loan, or personal loan
- Payday loan
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- Struggling to pay your loan
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Web |
Older American |
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