Ace Cash Advance Breech of contract Macomb Illinois

Signed a contract for an installment payday loan. Payments every 2 weeks until Feb 09. (yes a lot of interest but I was desperate at the time). Contract states very clearly first payment due 10/13. If payment is not made within 10 days of due date (10/13) then a late fee of $10 or 5% of payment amount will be added. Okay I can live with this. I did have the money to make the payment within the 10 days but not on the actual day of 10/13. (I got paid on the 20th).

On the 18th they deducted the full amount of the loan and interest from my bank account. When I called to inquire why they stated that after 5 days you are considered in default and they collect the money owed. I told them that the contract clearly stated I had 10 days and they said they weren't aware the contract said that but their computers only allow for 5 days. No where in the contract does it say they only have to give 5 days.

1. How can they NOT know what their own contract says?

2. Isn't this considered breech of contract legally on their part?

3. Do I have to pay extra charges to them because of the mess this has caused? (overdrawn bank account, bank charges for overdrawn account, their fee for NSF etc)

Justacitizen
Macomb, Illinois
U.S.A.