Consumer complaint received 2018-05-22
Company: Crow Creek Sioux Tribe
State: IN
Product: Payday loan, title loan, or personal loan
Sub-product: Payday loan
Issue: Charged fees or interest you didn't expect

Complaint:
I applied for a payday loan XXXX from XXXX. They deposited XXXX on XXXX. On XX/XX/XXXX my first payment of XXXX dollars was supposed to come out. I saw on the morning of XXXX that a pending payment was on my account. On XXXX a payment was not debited from my account. I looked on my bank account again on XXXX and still did not see a payment of XXXX dollars. I called XXXX  on XXXX after listening to a voicemail they left me on XXXX and spoke w/XXXX who informed me my first payment was declined on XXXX by my bank. By this time my loan was XXXX up from XXXX. She advised me i was two payments behind of XXXX dollars which would not go to the principal. I told her I would call back with my debit card and pay XXXX to get it down. I then went into my bank to see why the payments were declined. I was told they were not declined. I was told the payment on XXXX was reversed by XXXXXXXX and a payment on the XXXX was never attempted. I was told by my bank not to use my debit card. I decided to pay off the loan as soon as possible but was having a hard time coming up the the now XXXX. On my date of XXXX, I thought I could at least pay half but on XXXX it was now XXXX. I called the Indiana Dept of Financial institutions and spoke w/XXXX and let her know my situation, she told me XXXX and XXXX XXXX are not licensed in the state of Indiana and are not allowed to give me a loan. Further more they can't hide behind tribal lending laws. She advised me not to pay them with a debit card because they can use my first payment as a consent to debit my account again. I was also told that sometimes they let the finance charges build up then will ACH my account. I called my bank on XXXX and had a stop ACH on XXXX and XXXX XXXX which cost XXXX. I called XXXX and spoke w/XXXX on XXXX and asked for an explanation why they told me my bank declined the payment when it was them who reversed it. She said they did a preauthorization and my account didn't meet the criteria. I asked her what the criteria was and she said they don't have that information. I then asked for their license number to give out loans in the state of Indiana. At that point she transferred me to XXXX who told me I had missed four payments and did I want to make those payments today. I asked her to provide me with the reason my bank account didn't meet the requirements for the payments to be debited. She said she could not give me that. I asked her for the state license in Indiana, she said she didn't need a license in the state of Indiana, that I signed a paper online stating that I agree to the rules governed by XXXX XXXX outside of any state or laws. I advised her that I have never had any problems with payday loans in the past debiting my account. I also advised there were plenty of funds in my account on each day for the payment to be debited, in excess of XXXX. There is no reason why my account wouldn't meet the criteria. I advised her I would pay back the XXXX dollars but would not be paying the finance charges because I feel they should have called me immediately on the XXXX when my payment supposedly was declined. Why did they wait until the XXXX? I feel they are being predatory, I feel they should have to explain why my account didn't meet the criteria. By doing this and not contacting me immediately the finance charges have gotten out of hand and I will not be able to pay down this loan quick enough to get it paid off in a timely manor. I do believe they should receive the XXXX because I was able to borrow it, but I don't feel the finance charges are appropriate. XXXX did tell me she wasn't charging me fees for the missed debits because it wasn't my fault!!!???? So if she agrees it is not my fault, she is admitting they have not debited the payments correctly. Per the IDFS they can't sue me in the state of Indiana for the loan, but XXXX says they can. Please help me, I am very stressed out.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation