Email from PDL,(costa rica!) help me understand this plz

Ok, As I mentioned in a earlier thread, I am having some problems with online payday lenders, particulary mypaydayloan.com. I live in Missouri and have learned that this place is illegal. My bank is frozen due to overdrafts and sent the last payment I had with them back. They have been emailing me and calling me for 2 days now. I have emailed them, stating :

"I am aware of this matter and have attempted to contact you via email. Due to fraudulent accounts and illegal venders, my banking account is currently frozen and denying ALL transactions and will continue to until matters are resolved. Your company is one of debate of whether you are a legal operator in MY state, which is Missouri. Any payday loan vender, whether online or in-store, must have a valid operators license for my state for loans to be legal. Please refer to section 367.110 of the Missouri legislature. If you can provide me with a valid number to turn to the attorney generals office, I will work with your company. If you are not a legal company in my state, you have no binding contract over me. I am only responsible for the principle balance I have taken out with your company, and any balance I owe will be payed through USPS only. I will only communicate to resolve this matter via email. If you ignore this notice and attempt to contact me or any of my references via telephone, you will be ignored and any payments owed will be delayed. I am willing to pay the principle amount of the loan only, however, no address means NO payments, this is not negotiable. Until matters are clearly noted to be legal, that as of today July 27, 2010 I am revoking ANY and ALL ACH authorizations with your company from debiting any AND all of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I also revoke ANY and ALL wage assignments I may have signed, by you, including but not limited to; any of your affiliates, dba's, and collection agencies assigned to this account. None of the above no longer have my permission to access my accounts or impose a wage assignment."

I got part of that from the forum on dealing with illegal PDL's and this is what they sent me back.....

All correspondence from Mypaydayloan.com is copyrighted property and you had to consent to this in order to even apply.

Specifically, the website states:

"Except where expressly provided otherwise herein, all emails, comments, feedback, information or materials submitted to Mypaydayloan.com through or in association with this web site ("Submissions") shall be considered Mypaydayloan.com's copyrighted property. By providing such Submissions to Mypaydayloan.com, you agree to assign to Mypaydayloan.com all worldwide rights, title and interest in the copyrights and other intellectual propertyrights to the Submissions."

Any publication of such info is in direct violation and you will be pursued vigorously by our legal counsel including severe financial penalties for publishing copyrighted confidential information. You can see such disclosure at the beginning of our site after your email has been validated and before you proceed with the application.

In regards to contract venue, you were required to consent to ???avail yourself to Costa Rican law??? which you did willingly and unsolicited. Had you not agreed to that you would not have received the advance.

Specifically, the contract states:



"GOVERNING LAW: Both this agreement and the application is considered to be executed at our offices in San Jose, Costa Rica, and this transaction and agreement with us shall be governed by, construed, and enforced solely in accordance with the internal laws of Costa Rica ."

In addition, not only did you avail yourself to Costa Rican law and agreed to be governed by it, independent US case law also supports contract venue, even had you not agreed in advance to such venue, which you did. Jurisdiction over commercial activities had been proven to be based on a "sliding scale" determined by where the preponderance of activity has occurred. You are dealing with an unsolicited transaction to a Costa Rican company with servers, offices, employees, and all other important elements of the transaction taking place there, including contract venue rather than your state of Missouri , where nothing has taken place. Please refer to the case of Zippo Manufacturing Company vs. Zippo dot com, Inc. 952F Supp 1119,1124 (W.D. Pa. 1997).

Furthermore, specific contract venue law even provides more clear-cut evidence pertaining to the controlling venue for a contract. The formal validity of a contract is to be determined by the "lex loci celebrationis" which is the law of the place where a contract is made. The Hogue-Kellog principle applies that a contract is deemed to be executed where the final act is done
which is necessary to make it binding. See Hogue-Kellog Co. Inc., v G.L. Webster Canning Co. , Inc. 22 F3rd 384, 385 (4th Cir.1927). This transaction was not binding until reviewed and approved by MyPaydayLoan.com, once we received all information from you to make a decision to enter into the agreement. Hence, the final act to make the transaction binding was in our
jurisdiction, Costa Rica , not yours.

Lastly, any comment about specific interest rate caps based on your state would not apply anyway since this was not a loan in the first place. You engaged in a check advance agreement with us, not a loan. There are important differences which are a benefit to you and should be clarified. You were charged a fee per $100 dollars advanced. Based on the fact that it is a fee and not interest there is no "accrue" element to this transaction. When you defaulted you were not charged more money based on the time the advance is still outstanding (beyond your initial late fee and NSF fee, if applicable). In addition, the second important function differentiating this transaction as a fee instead of interest is there is no compounding. Any unpaid fees under an interest scenario would have a compounding component where any unpaid charges would be included in the "interest" calculation and added to the unpaid balance for purposes of determining the total amount owed. This is an important difference since there is no compounding of "interest" on any unpaid balances with our transaction. As such, usury would not govern
this transaction since it is a fee. This principle is no different than when your bank charges
you an overdraft fee to cover a check where there are not enough funds in the account to cover the check. You were advanced funds based on your next check from your employer, so whether that was 5 days away or 20, the fee is the same. There was no interest charged and laws governing interest are not applicable.

Hopefully, instead of trying to change the rules that governed the transaction after you received your advance from us because it suits you, you will honor what you already agreed to pay whether you paid attention or not. You need to satisfy your obligation in full, in order to avoid further collection activities and penalties. Your threats have been sent to legal counsel for review, and depending on your further actions, they will determine your accountability and how they will proceed against you and your account.



I can offer a payment plan for you to satisfy the balance of $525. We will need to receive 1 payment of $300 on or before 8/6/10, or you will need to submit 3, biweekly payments of $134 beginning on 8/6/10. Your choices for payment method are as follows: MoneyGram, PayPal, or Credit Card, (all of these options have fees associated with them).You will need to accept one of these offers by Thursday July 29, 2010, in order to properly set up your account. Since we are the original creditor we will continue our collection proceedings until we have recovered the debt you owe. We placed all of the information regarding fees and place of origination for this contract, on the website, your contract which you signed stating you read and understood, as well as the confirmation page you get when you submitted previous payment requests.

Please govern yourself accordingly.



Sincerely,



Ashleigh Jones

MyPaydayLoan.com



What does this mean?!?!?! Help me anyone. I am trying to take advice from this site, but now I am actually scared and needing some detailed assistance. Has anyone ever gotten a letter about being governed by another country when you freely enter into a contract with them?????? WHAT SHOULD I DO???? Please HELP!