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rainjo03
Joined: 02 Aug 2007
Posts: 46
1552 Debtcc Points
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 Posted: Mon Aug 20, 2007 4:13 pm
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Below is a copy of the settlement letter I received today from Emerald Marketing Group as a result of complaints I'd filed with the BBB and State Attorney General's office.
| Quote: | Dear (name withheld for privacy):
This law firm has been retained to represent Emerald Marketing Group with regard to the complaints that you have filed regarding your loan with the company. In reviewing your e-mail communications with the company, it appears that you are making a claim against Emerald Marketing in the amount of $877.00.
Although I have not reviewed the transaction documents, Emerald Marketing advises that the transaction documents for your loan contain a choice of law provision that stipulates that the transaction is subject to Nevada law. Accordingly, notwithstanding the fact that you reside in North Carolina, it is Emerald Marketing’s position that this transaction is subject to the laws of the state of Nevada.
Nevertheless, considering the small amount of money which you are claiming, I believe it will be most cost effective for everyone involved to resolve this dispute at the present time. Accordingly, Emerald Marketing will agree to pay to you the sum of $877.00 if you will agree to execute a confidential general release of all claims against Emerald Marketing, including dismissal of the complaints that you have filed with the State of North Carolina and the State Better Business Bureau. If this is agreeable, please let me know immediately and I will have a release sent to you. Once you have signed the Release and sent it back to me, I will have the company mail you a check.
Please let me know your position at your earliest convenience.
Very truly yours,
Dictated but not proofread.
Sent in Mr. Mullen’s absence to avoid delay.
JOHN L. MULLEN
jmullen(at)fsmlawfirm.com
JLM/rlk |
Following is my response to their letter:
| Quote: | I have read the attached correspondence from John Mullen of FSM Law Firm. In the letter he claims that...
"Emerald Marketing advises that the transaction documents for your loan contain a choice of law provision that stipulates that the transaction is subject to Nevada law. Accordingly, notwithstanding the fact that you reside in North Carolina, it is Emerald Marketing's position that this transaction is subject to the laws of the state of Nevada."
Per the State Attorney General's office, it is a fact that regardless of where you are located, according to NC law Emerald Marketing is not authorized to operate in the state of NC.
However, it is my desire to resolve this dispute amicably and quickly. John Mullen also presented:
"Emerald Marketing will agree to pay you the sum of $877.00 if you will agree to execute a confidential general release of all claims against Emerald Marketing, including dismissal of the complaints that you have filed with the State of North Carolina and the State Better Business Bureau."
I hereby accept the above offer, contingent upon the following: no complaints will be released until a payment in the full amount of $877.00 has been received along with a letter clearly stating that my account has been PAID IN FULL. Upon receipt of payment and the paid-in-full letter, I shall then execute a confidential general release of all claims against Emerald Marketing, including dismissal of the complaints that I've filed with the State of NC and the BBB.
Please let me know your position at your earliest convenience.
Regards,
(name withheld for privacy) |
It's really starting to heat up now 
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cannr
Moderator
Joined: 07 Jun 2007
Posts: 9227
124106 Debtcc Points
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Posted: Mon Aug 20, 2007 4:17 pm
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rain, OMG! You go!  You are awesome! Excellent response. Good action. This is great! This, to me, is a "sucess story"! Good for you! 
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rainjo03
Joined: 02 Aug 2007
Posts: 46
1552 Debtcc Points
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Posted: Mon Aug 20, 2007 4:28 pm
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Thanks cannr!! I have received a few Paid-In-Full statuses before, but none of the PDLs have offered to refund the amount that I requested. This is certainly a success story!
I'm so glad this online debt community exists...it gave me (and continues to give) the know how and courage to stand up to these PDL bullies. I hope this post encourages everyone who reads it. When fighting these crooks, it's important to remember that miracles happen everyday and YES YOU CAN GET OUT FROM UNDER THIS PDL MESS!!
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cannr
Moderator
Joined: 07 Jun 2007
Posts: 9227
124106 Debtcc Points
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Posted: Mon Aug 20, 2007 4:44 pm
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AMEN, rain! You are awesome! And this site is awesome! Hell, we're all awesome! 
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rainjo03
Joined: 02 Aug 2007
Posts: 46
1552 Debtcc Points
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Posted: Mon Aug 20, 2007 4:46 pm
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Yes, AMEN indeed! There is no disputing the awesomeness of this site and its users...WE ROCK! Here's to taking our lives back!!
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rainjo03
Joined: 02 Aug 2007
Posts: 46
1552 Debtcc Points
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Posted: Tue Aug 21, 2007 7:27 am
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I do believe the most amazing thing of all is that I've only been pursuing this since August 1, 2007. I never in a million years expected such a quick response in my favor!
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cannr
Moderator
Joined: 07 Jun 2007
Posts: 9227
124106 Debtcc Points
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Posted: Tue Aug 21, 2007 8:23 am
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rain, sometimes some pld's act quickly and it's "yahoo" time! But others take their sweet time or fight the whole way down. In the beginning, I was getting PIF's and refunds. I was dealing with the "easy" ones first. Then I started on the "hard" ones. Guess what? We're STILL going around and around! LOL!
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eleroo
Joined: 06 Jun 2007
Posts: 1227
14309 Debtcc Points
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Posted: Tue Aug 21, 2007 8:26 am
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This is great! Congratulations.
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rainjo03
Joined: 02 Aug 2007
Posts: 46
1552 Debtcc Points
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Posted: Tue Aug 21, 2007 8:41 am
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You're absolutely right cannr. Actually, there are only 3 PDLs that I even care about getting a refund from (totaling nearly $2400), though ALL of them owe me one. That money could certainly come in handy...but I'm not holding my breath. I just consider it a HUGE bonus if I get money back at all. I have a long fight ahead of me, I'm sure.
How's your fight going cannr? Have you settled with nearly everyone?
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rainjo03
Joined: 02 Aug 2007
Posts: 46
1552 Debtcc Points
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Posted: Tue Aug 21, 2007 8:41 am
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Thanks eleroo!
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cannr
Moderator
Joined: 07 Jun 2007
Posts: 9227
124106 Debtcc Points
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Posted: Tue Aug 21, 2007 9:15 am
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It's going okay. It's a hell of a lot better than when I started! LOL! But, that wouldn't take much! I've still got my 3 MTE's that I refuse to settle with. I've still got 2 overseas illegal ones (which basically just don't exsit). Eastside Lenders has disappeared since I asked them their license number they are operating under and turned them over to the state AG. Cash Borrower has disappeared since being turned over to the state AG. But, I'm waiting. They wait and jump back up. Just like USFastCash. Nothing for over two months, then there they are at my bank again! When they get quiet is when I start to get antsy. I know something's up.
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puddlejmpr
Debt Samaritan
Joined: 15 Dec 2006
Posts: 1172
2593 Debtcc Points
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Posted: Tue Aug 21, 2007 9:30 am
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Way to go Rain!!!! I wish i could have gotten refunds from mine. But the only ones I overpaid were the storefronts not the internet. But way to go and keep up the fight!!!
I like how you stated
| Quote: | Here's to taking our lives back!!
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It's sad how they run our lives when we get stuck in the pdl cycle. That should be our motto, taking our lives back!!! Because that is what we are doing.
Great job!!!!
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rainjo03
Joined: 02 Aug 2007
Posts: 46
1552 Debtcc Points
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Posted: Tue Aug 21, 2007 9:40 am
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Keep holding out cannr...don't give in until you reach an agreement you feel comfortable with.
Personally, I bug the hell out of each of my PDLs daily. I don't want them to think that for one second I'm going to let them off the hook. It is my mission to try and replicate some of the annoyance they've put me through and I take great joy in it.
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rainjo03
Joined: 02 Aug 2007
Posts: 46
1552 Debtcc Points
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Posted: Tue Aug 21, 2007 9:41 am
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Thanks puddlejmpr! Taking our lives back is exactly what we're doing! I don't know about you, but I'm mad as hell and I'm not going to take it anymore!!
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cannr
Moderator
Joined: 07 Jun 2007
Posts: 9227
124106 Debtcc Points
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Posted: Tue Aug 21, 2007 9:46 am
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Oh, believe me, rain. I love to harrass my pdl's. For awhile it was on a daily basis. I've slacked up some, but now that USFastCash has pulled a "fast one", I'm ready to go again! Jerks.
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