Received my first response back about a half hour after I sent them an email.
They wrote
"Please be aware that this is a St. Vincent company, St Vincent and the United States are both parties to the General Agreement on Trade in Services, a treaty which specifically permits companies in one country to make consumer loans to citizens of the other.
Under the treaty, we are only obligated to follow the federal laws of the United States. We are not required to obtain state licenses and individual state laws do not apply since the federal laws adopting this treaty supersede any state's laws on the subject."
They also wrote
"In case you do not have a checking account available the only option we can offer is to set a payment in full with a credit card; however, this type of transaction has a $5.00 additional charge. This type of transactions can be made only over the phone.
Please be aware that we do not accept physical payments and the only option we offer is an ACH Transaction. However, if you do not have this option available any longer, we could set a payment in full with a credit card as a very special exception; nonetheless, this transaction has a $5.00 additional charge. Do note that a credit card payment can be made only over the phone.
In addition, let us remind you that we cannot skip, move or change your due dates If by any chance we get a default from your bank, our Recovery Department will contact you and they will guide you to set a new payment arrangement."
Debt Samaritan
Posts: 16529
Credits: 288311.183014 Send message to SOAPLADY
Dear Advance me Today,
Please save your garbage for some other uneducated consumer. You know as well as I do that you I am not subject to your laws. I am only subject to the laws of the state that I reside in and the laws of the USA.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
Posts: 8
Credits: 300.85 Send message to delosworld74
[COLOR=black][FONT=Arial][COLOR=black]Thank you for your timely response, it is most appreciated. Your company is to be commended on their due diligence regarding laws governing California residents, being that I sent my initial correspondence at 1:30 p.m. and received a detailed response from your organization at 1:47 p.m., a mere 17 minutes later [/COLOR]
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[COLOR=black]I must state however, that your response is unsatisfactory inasmuch as California law does not recognize any treaties such as the one you have mentioned. United States Federal Law does not allow for treaties such as the one you mentioned to supersede California law. If you could so kindly cite the regulations of the treaty (and where I can find them) as they pertain to citizens of the United States, as well as those governed by California state law, I can assure you that I will research them to ascertain the veracity of your claims and for my part, will provide them to the Attorney General's Office in California to make sure that I am in compliance with the treaty that you have mentioned.[/COLOR]
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[COLOR=black]It is noteworthy that to date, I have paid, or perhaps I should say ???overpaid??? the principle on the loan by $264.00. I???ll endeavor to explain: [/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black]To date, I received a deposit of $400 on 05/04/12, and have had 6 bi-weekly withdrawals of $134 (07/25), $146 (07/11), $96 (06/27), $96 (06/13), $96 (05/30), $96 (05/16) debited from my account. This results in an overpayment of $264.
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[COLOR=black]At this time I am requesting a return email acknowledging that my loan has been paid in full. Also, I would like a refund of the $264 overpayment. A refund check of $264 should be mailed to me at the address you have on file.
Please respond to this email with acknowledgment that my account has been satisfied in full. Details of when I can expect the refund check, as discussed above, should also be included in the email.[/COLOR]
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Posts: 76
Credits: 1355.9 Send message to eeyorelover79
I dealt w/ them many many months ago, they are ridiculous.
The department of Corporations in California has served them w/ a Desist & Refrain order previously and they still think they can just ignore it. I even emailed/faxed a copy of the letter and they still continued to try to collect.
keep us posted
Posts: 8
Credits: 300.85 Send message to delosworld74
Their response:
Thank you for your email.
Please note that as of today, your current balance is $300.00 plus $72.00 for the Finance Fees.
We do understand your concern, but we went through our payment options with you when the loan was approved and you expressed that you understood how they worked.
Moreover, we have sent a payment reminder before each due date providing the amount to be paid and encouraging you to contact us in case you wanted to make a different payment arrangement. As well, after each payment has been received, a payment receipt has been sent showing not only the amount that you paid but also the outstanding balance.
Again, you have the option to increase the amount towards the remaining balance on your next payment or to make a payment in full at any time.
If there is anything else we can do for you please let us know.
Posts: 8
Credits: 300.85 Send message to delosworld74
Sent the following to them:
According to the document on the following link
In the Matter of the Orders Issued to:
Lenders International dba www.advancemetoday.com,
DESIST AND REFRAIN ORDER PURSUANT TO CALIFORNIA FINANCIAL CODE SECTION 23050; and
ORDER VOIDING TRANSACTIONS AND TO DISGORGE ALL CHARGES AND FEES PURSUANT TO CALIFORNIA FINANCIAL CODE SECTION 23060
http://www.corp.ca.gov/ENF/pdf/2011/LendersInternational_DR.pdf
Your company is "not entitled to collect or receive the principal amounts provided in those deferred deposit transactions, nor is it entitled to any of the charges or fees associated with the transactions."
I will consider the matter hereby closed and thank you in advance for your expediting the matter, ceasing your attempt to further fraudulently debit my account, closing my account with your company, and cease any further communications.
Colby Chambers
Additionally, here is a link to another Cease and Desist letter regarding UniredCashLoans, Ameriloan, US Fastcash, Preferred Cash, IACM and Boulton
stating that they are not exempt from the licensing requirements of California Financial Code section 23005.
http://www.corp.ca.gov/ENF/pdf/2006/ameriloan.pdf
Then tell them the matter is resolved and close your bank account. They ain't doing the refund
Posts: 14288
Credits: 110375.87042813 Send message to paulmergel
how would you know that unregistered?a few offshore lenders do give refunds(magnum being one)so the OP should at least try for it.
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