|
#17
|
|||
|
|||
|
For anyone who might be following my situation to help resolve their own, this is the latest:
Fastmoney911 has called me everyday and left voicemessages congratulating me on being a good customer and eligible for more money. They also attempted to take their money from my checking account and succeeded since my bank (Bank of America) wouldn't let me close the account with a negative balance. However, BOA has since been working with me since I copied them on my C&D letters to fastmoney911 A mysterious transaction from something called Red River DES:8666689412 ID:49b98e55CVf0ee9 also debited from my account. Since I do not recognize or did not authorize it, BOA is also working with me to remove this. PaydayFlash.com has been sending me threatening e-mails from smith_brownattorneyatlaw@charter.net. I responded with a request for PaydayFlash's business license number and received this response: "Your signed loan docs state you residence was in Utah at the time .. Filing will continue." Funny, since I have never lived in UT or claimed to live there. I also received a phone call at work (they also left a voice message for evidence) from PaydayFlash.com regarding this. I have since filed complaints with the FTC against them as well as the STATE OF SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS. |
|
#18
|
||||
|
||||
|
Ok call me crazy but who sends a legal notice in an email and wants a reply by email? Any legal documents I have ever received come certified mail or by process server.
|
|
#19
|
||||
|
||||
|
Interesting. I have seen Red River lately. They are on an Indian Reservation. I have seen The Cash Spot connected to Red River but not these other companies.
They must be a sister company and tried to debt your account under that name. Hopefully your bank will reverse these charges. "Filing will continue" my ass. They won't file anything as they are illegal. Again another scare tactic. You are doing fine. Just stick to your guns. __________________
To infinity, and beyond |
|
#20
|
|||
|
|||
|
PaydayFlash under the guise of Smith_BrownAttorneyAtLaw sent me this today when I again requested their business license number to lend in South Carolina. I also received five missed calls and an automated voice mail message regarding my "delinquint" account with them, despite the fact I told them to contact me only in writing:
"GOVERNING LAW: This Agreement is governed by the laws of the state of Utah. You must be a resident of Utah to apply for this loan and you warrant to us that you are a resident of Utah despite your actual physical location at the time of the filing of your loan application. The laws of Utah will apply to this loan regardless of where you are living at the time that the loan is processed, funded, or at the time any actions pursuant to this Agreement are undertaken by Lender, with the exception that all arbitration and your agreement to waive jury trial and elect mandatory, binding arbitration is governed by the Federal Arbitration Act (“FAA”,9 U.S.C. §1-9.) The name and address of our designated agent in Utah upon who service of legal process may be made, and a statement that service of process may be made to that designated agent: Business Filings Incorporated 136 East South Temple, Suite 2100 Salt Lake City, Utah 84111. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL: This Agreement will be arbitrated by and construed in accordance with the internal laws of the State of Utah, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Salt Lake City, Utah, before any of the following arbitration organizations, which will govern the arbitration under its consumer rules: American Arbitration Association (1-800-778-7879) or National Arbitration Forum (1-800-474-2371) , and we will advance all of the expenses associated with the arbitration, including the filing, administrative, hearing and arbitrator's fees. You will be responsible for your attorney's fees, if any. The parties will cooperate with the arbitration service provider and with each other in promptly selecting a single arbitrator from the available panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then the American Arbitration Association will have the ability to appoint an arbitrator. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. The arbitrator shall not conduct class arbitration. The arbitration hearing will be conducted in the federal judicial district in which you reside, as long as it is within the state of Utah, or within 100 miles of your Utah residence, whichever location you choose. You acknowledge and agree that by entering into this Arbitration Provision: YOU ARE GIVING UP YOUR RIGHT TO A JURY TRIAL TO RESOLVE ANY DISPUTE OF ANY NATURE REGARDING THIS AGREEMENT AND YOU ARE GIVING UP YOUR RIGHT TO ENJOY THE JURISDICTION OF THE A COURT OF LAW REGARDING THE RESOLUTION OR TRIAL OF ANY DISPUTE, INCLUDING SMALL CLAIMS COURT JURISDICTION AND YOU ARE GIVING UP YOUR RIGHT TO BE REPRESENTED IN ANY CLASS OF CLAIMANTS IN ANY LAWSUIT FILED REGARDING THIS LOAN AGREEMENT." - Any idea what this means and why they are so determined to bring Utah into this? |
|
#21
|
||||
|
||||
|
They are quoting everything they possibly can to scare you into paying. Simple as that.
They can put any wording they want into a loan agreement that does not mean it is binding. Your state laws trump all that nonesense. The state law says they have to be licensed in SC to lend and they are not so they can not legally lend to you know matter what the contract says and they know it. They are not going to cruise on over from Utah and file a civil case in SC. They are giving you all that mumbo jumbo to try and hide the fact that they do not have a license in SC. __________________
To infinity, and beyond |
|
#22
|
|||
|
|||
|
Red River is also known as Norstar Cash. This company has been messing up my acct since I took a loan. I borred $300. And agreed to pay the principal balance and an Extra $50 every 2 weeks. They continue to take the principal balance and double the $50. When I called them to tell them they said since my loan was not paid off I could just use the extra money they took out towards my balance. Now I find they have changed their name. Since I did not know this company I cancelled all transactions.
|
|
#23
|
||||
|
||||
|
Good for you.
Did you close your account? __________________
"We are what we repeatedly do. Excellence, then, is not an act, but a habit." -Aristotle- |







Linear Mode






