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Calling all PDL experts > Received email from mypaydayloan

Date: Mon, 05/19/2008 - 17:00

Submitted by jt_91972
on Mon, 05/19/2008 - 17:00

Posts: 110 Credits: [Donate]

Total Replies: 32


I just received this from mypaydayloan.com

This is the PDL I paid $500 already on a $500 loan.... now they say I owe $575. I found out they were illegal and sent them a letter, fax and email stating I wanted my account marked paid in full since I paid the principal and I also filed complaints with the PA Attorney general and BBB.

Here is the email they just sent me. I need advice on how to reply.

May 19, 2008

Dear Mr. Jon,

We would like to clarify the issue pertaining to the transaction you originated with our organization. We wouldlike to point out we are incorporated in and operate over the Internet; with our offices based out of San Jose, Costa Rica. By engaging in a transaction with us, you have availed yourself to be subject to the internal laws of Costa Ricafor this particular check advance agreement. Specifically your contract states under the Governing Law section "Both this agreement and the applications considered to be executed at our offices in San Jose, Costa Rica, and this agreement with us shall be governed by, construed, and enforced solely in accordance with the internal laws of Costa Rica." If you would not have agreed to avail yourself to this jurisdiction as the sole contract venue (which was your prerogative), you would have not been provided with the advance fromour company. There is no conflict with federal regulations, and althoughcertain states may have more restrictive regulations, when dealing withinternational law pertaining to contract venue, federal regulation supersedesstate regulation, and this particular transaction is governed by Costa Ricanlaw, not Pennsylvanian law, regardless of where you reside.
When we received the signedcontract we assumed that you had read the contract and understood it; obviouslythat is not the case. By signing the contract you “authorize(d)Mypaydayloan.com and/or its service agents, to electronically debit from (your)bank account number ******7529 at PNC. (You) authorize the periodicpayment amount, and any past due or owing amount to be deducted from (your)account on the date indicated above, and continue authorization until the totalpayment is collected. (You) authorize(d) Mypaydayloan.com and/or its agents toinitiate electronic debits against the account, which in sum equal the amountof payment(s) due.”
We have also let you know in emailsthat if you are unable to make the full amount owing to pay the account off,then you can make your minimum due. We have also let you know that just bymaking the minimum payment, which is only the finance charge, DOES NOT putanything toward principle. You have just been making the minimum payments, so youare still due for the full amount of $575.00 If you want to proceed with theagreement that Blanca has set up for you I will accept that; if not your accountwill be forwarded to an outside collections agency. Please notify me bytomorrow 5/20/08 at 5pm EST to let me know how you want to proceed. Thank youagain your cooperation.

Sincerely,
Taylor
Collections for Mypaydayloan.com
1-888-269-2303 ext 9


You're the best Shazz!!! I haven't yet heard from any of my illegal PDL's about my letter, but I did get an email from BIG last night saying that they needed to speak with my b/c muy payment came back as account closed! YAY! So, I sent them ANOTHER copy of my C and D letter...now I will just wait. I've gotten into an email war with a lady from GRC...but I feel bad b/c I thought she was from Loan Shop...oops!! =/ Oh well....they are not being very helpful at making any kind of arrangements with me. They want it in full. And GRC will not give me an address to mail a M.O. to...she said they don't take them. I think I'm going to have a hrad time with them....and I'm scared my balance will just keep going up and up and up....how do I stop that from happening?


lrhall41

Submitted by angiegirl88 on Tue, 05/20/2008 - 06:51

( Posts: 63 | Credits: )


Kash, I am in New York. I sent an email to adminisrator and she gave me a PIF, just for all the aggravation I had been through. Also, I spoke with the Bank of the West's legal department and they have severed all banking relationship with them as their processor, once they were informed as to what they were doing. And, yes, I think being in New York does help.


lrhall41

Submitted by llw1995 on Tue, 05/20/2008 - 08:44

( Posts: 1422 | Credits: )


llw:
Quote:

Kash, I am in New York. I sent an email to adminisrator and she gave me a PIF, just for all the aggravation I had been through. Also, I spoke with the Bank of the West's legal department and they have severed all banking relationship with them as their processor, once they were informed as to what they were doing. And, yes, I think being in New York does help


Wow! They severed business eh? YAY!


lrhall41

Submitted by Shazzers on Tue, 05/20/2008 - 09:07

( Posts: 17344 | Credits: )


Shazzers, I would love a copy of that letter as well. . . I am dealing with GFS and Cash4U2day which I think are both in England???? They can't HEAR me talking and they can't read either.


lrhall41

Submitted by utlonghornfan on Tue, 05/20/2008 - 10:17

( Posts: 70 | Credits: )


Now I feel like an idiot!! I was thinking she was from Loan Shop, and sent her a reply to her email, and was telling her things that were wrong! OOPS...I got another email last night after she got my reply and said just to call Customer Service between 8 and 5. My bad. I do have a question...since my account is closed and they have their C & D letter, can they keep tacking on fees for no payment? I'm afraid my balance is going to keep going up and up, and I'll never be able to repay it! I only took out a $200 loan to begin with!

Dear. Angela
We do not make payment arrangements, you must pay your minimum payment on your scheduled due date. Since your account is closed, I suggest that your open a new account or pay off the loan by sending a Money Gram or Western Union . We do not accept payments by mail. If neither is an option, then your account will be transferred to collections? If you have any other questions or need any other assistance regarding this matter please contact customer service. Our office hours are Monday thru Friday 8:00 to 5:00 pm central time
Sincerely,

Kristine Roddy
Loan Officer
Loan Point USA
1-800-351-8820 Ext: 304
1-800-351-8830 Fax
[email]kroddy@loanpointusa.com[/email]


And this is what I just emailed her in reply to that grabage she sent me:

Kristine,

Apparently you did not read the document I sent you. The only thing by law I am required to pay you is the $200 your company lent me. I am not going to open another account so your company can rob me blind. I will not send money Western Union or Moneygram...only money order. If you guys would like some money to pay off this account, then I suggest you provide me with a mailing address. You may send this account to collections, but your company will still not receive anything more than the principle amount you let me borrow to begin with, as your company is not legal/licensed and should never have loaned anything to me to begin with. All I legally owe your company is $140, nothing more. I have filed copmlaints with the BBB, FTC and the TN state Attorney General's office. I was hoping to resolve this amicably, so if you feel you can do that, then please provide your address so I can get this matter resolved.

Thank you,
Angela


lrhall41

Submitted by angiegirl88 on Tue, 05/20/2008 - 10:48

( Posts: 63 | Credits: )


I just received this email from James Keiser of PA... doesnt look good.


A non-depository company (i.e., something other than a bank, savings institution or credit union) which is located in or has a presence in Pennsylvania is required to follow the Pennsylvania laws. This means that, for small, unsecured loans, they would be limited to an interest rate of 6% simple unless they have a specific license to lend money in Pennsylvania at a higher rate.



If a company does not have any presence in Pennsylvania, i.e., has no office, employees or agents in Pennsylvania, that company can use the authority of the location where they are based in order to make loans.



I realize that this is not what you wanted to hear. Under current interpretations and policies, it is all that I can say.



The above information should not be considered a formal legal opinion of the Department of Banking. The above information is based on the facts as provided and may change given a change in the facts.



James Keiser | Administrator Non-Depository Institutions Pennsylvania Department of Banking
17 North Second Street, 13th Floor | Hbg PA 17101
Phone: 717.783.8242 | Fax: 717.787.8773
[email]jkeiser@state.pa.us[/email] | www.banking.state.pa.us


lrhall41

Submitted by jt_91972 on Tue, 05/20/2008 - 11:24

( Posts: 110 | Credits: )


Looks like I'm not the first to have this problem. I unfortunately have several PDL and really need guidance as to how to get out of them, I have reached the point that I can't afford to pay any longer and would like to know if there is a reputable company that I can use to help me stop the interest and make payment arrangments to get out from under. Any help would be appreciated


lrhall41

Submitted by df7574 on Tue, 05/20/2008 - 11:50

( Posts: | Credits: )


UPDATE


We would like to once again clarify the issue pertaining to the transaction you originated with our organization. There is certainly nothing illegal about the contract that you have entered into with our company. We would like to point out we are incorporated in and operate over the Internet; with our offices based out of San Jose, Costa Rica. By engaging in a transaction with us, you have availed yourself to be subject to the internal laws of Costa Rica for this particular check advance agreement. Specifically your contract states under the Governing Law section "Both this agreement and the application is considered to be executed at our offices in San Jose, Costa Rica, and this agreement with us shall be governed by, construed, and enforced solely in accordance with the internal laws of Costa Rica." If you would not have agreed to avail yourself to this jurisdiction as the sole contract venue (which was your prerogative), you would have not been provided with the advance from our company. There is no conflict with federal regulations, and although certain states may have more restrictive regulations, when dealing with international law pertaining to contract venue, federal regulation supersedes state regulation, and this particular transaction is governed by Costa Rican law, not Pennsylvanian law, regardless of where you reside. You cannot claim now that it was usurious in your state since that is NOT the contract venue nor where the transaction took place in order to get out of repaying the money that you were advanced by us.
When we received the signed contract we assumed that you had read the contract and understood it; obviously that is not the case. By signing the contract you ???????authorize(d) Mypaydayloan.com and/or its service agents, to electronically debit from (your)bank account number ******7529 at PNC. (You) authorize the periodic payment amount, and any past due or owing amount to be deducted from (your) account on the date indicated above, and continue authorization until the total payment is collected. (You) authorize(d) Mypaydayloan.com and/or its agents to initiate electronic debits against the account, which in sum equal the amount of payment(s) due.???????
We have also let you know in emails that if you are unable to make the full amount owing to pay the account off, then you can make your minimum due. We have also let you know that just by making the minimum payment, which is only the finance charge, DOES NOT put anything toward principle. You have just been making the minimum payments, so you are still due for the full amount of $575.00. It is unfortunate that you do not want to hold up your end of the contract that you signed and availed yourself to. Unfortunatly your account will be forwarded to an outside collections agency do to this.


lrhall41

Submitted by jt_91972 on Tue, 05/20/2008 - 12:52

( Posts: 110 | Credits: )


they are not established anywhere in the US therefore they are ILLEGAL.especially since they are internet.nice filibuster,that supposed to fool anybody?


lrhall41

Submitted by paulmergel on Tue, 05/20/2008 - 13:01

( Posts: 15514 | Credits: )


These people are full of it. Just keep after them doing all the things you need to do. C and D letter, filing complaints with the appropriate agencies, close your account (if appropriate) and yank their ACH authorization by your bank and their processors. How long is it going to take before they finally get the hint? If they can't move their money, they can't do business.


lrhall41

Submitted by llw1995 on Tue, 05/20/2008 - 13:17

( Posts: 1422 | Credits: )


"If a company does not have any presence in Pennsylvania, i.e., has no office, employees or agents in Pennsylvania, that company can use the authority of the location where they are based in order to make loans."

regarding the above statement..did he know the company in question is domiciled in Costa Rica?


lrhall41

Submitted by anonymous on Tue, 05/20/2008 - 16:28

( Posts: 202330 | Credits: )