Title loans are very risky. Because you use your vehicle as collateral, it can be taken by the lender if you don’t make your payment or come to an alternative arrangement. Often, that means rolling over your loan. The Consumer Financial Protection Bureau studied title loans and found that over 20 percent end in a car being repossessed. Only 12 percent of borrowers pay off the loan without having to renew. More than a third of borrowers end up taking out more than seven loans, meaning they have to pay nearly as much in fees as they borrowed in the first place.
Payday loans, sometimes referred to as cash advance loans, have received quite a bit of bad press, but when used properly, a pay day loan can have a definite upside. A short term financial bind can happen to a lot of people and being able to get a small loan quickly can save you money by avoiding costly late fees or overdraft charges. Sure, $50 is a steep price to pay for a $300 payday loan, but if it means you are able to get your rent check, house payment, or car payment in on time and avoid the hefty late fees and possible damage to your credit score, it is more than worth it.
In Ohio, SCIL, Inc. dba Speedy Cash, is a registered Ohio Credit Services Organization (CS.900174.000) operating pursuant to the Ohio Credit Services Organization Act. The actual lender is an unaffiliated third party. The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
In US law, a payday lender can use only the same industry standard collection practices used to collect other debts, specifically standards listed under the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from using abusive, unfair, and deceptive practices to collect from debtors. Such practices include calling before 8 o'clock in the morning or after 9 o'clock at night, or calling debtors at work.
How long does it take to process the loan? Some of the best short-term loans ensure that you have access to the approved funds the following business day. A limited number of lenders provide prepaid debit card loans which can give you access to funds quickly after approval by transferring the amount to your eligible card. You can then use the money anytime and anywhere.
However, there are ways these loans can affect your credit, especially if you can’t keep up with your payments. Part of getting a payday loan involves leaving a post-dated check, or giving the lender access to your checking account if you apply online. When the loan comes due, the lender deposits the check or withdraws what you owe. If you don’t have enough in your account to cover the amount you owe, you could bounce a check or overdraw your account.
The propensity for very low default rates seems to be an incentive for investors interested in payday lenders. In the Advance America 10-k SEC filing from December 2011 they note that their agreement with investors, "limits the average of actual charge-offs incurred during each fiscal month to a maximum of 4.50% of the average amount of adjusted transaction receivables outstanding at the end of each fiscal month during the prior twelve consecutive months". They go on to note that for 2011 their average monthly receivables were $287.1 million and their average charge-off was $9.3 million, or 3.2%. In comparison with traditional lenders, payday firms also save on costs by not engaging in traditional forms of underwriting, relying on their easy rollover terms and the small size of each individual loan as method of diversification eliminating the need for verifying each borrower's ability to repay. It is perhaps due to this that payday lenders rarely exhibit any real effort to verify that the borrower will be able to pay the principal on their payday in addition to their other debt obligations.
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In a perfect world, you could rely on a credit card to cover emergency expenses. But, as you might have already guessed, most Americans don’t have that kind of available credit on hand to use either. In fact, according to a Harvard University study, nearly 40 percent of households making less than $40,000 a year have no credit cards at all.2 And one in ten Americans have no credit score whatsoever!3
Negotiate a settlement. If restructuring the payback terms isn’t an option, the credit counseling agency will try to work with the lender to determine a settlement amount that will resolve the debt altogether. If you can pay off the loan with a lump-sum payment (this is the time to ask Mom or Dad for help), the agency may be able to settle the debt for a percentage of the outstanding amount.
A report from the Federal Reserve Bank of New York concluded that, "We ... test whether payday lending fits our definition of predatory. We find that in states with higher payday loan limits, less educated households and households with uncertain income are less likely to be denied credit, but are not more likely to miss a debt payment. Absent higher delinquency, the extra credit from payday lenders does not fit our definition of predatory." The caveat to this is that with a term of under 30 days there are no payments, and the lender is more than willing to roll the loan over at the end of the period upon payment of another fee. The report goes on to note that payday loans are extremely expensive, and borrowers who take a payday loan are at a disadvantage in comparison to the lender, a reversal of the normal consumer lending information asymmetry, where the lender must underwrite the loan to assess creditworthiness.