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A letter from nhcash..what should I say?

Date: Wed, 06/25/2008 - 12:58

Submitted by sheena.830
on Wed, 06/25/2008 - 12:58

Posts: 11 Credits: [Donate]

Total Replies: 18


Okay, so I sent ac revoking letters to them via e-mail and fax, because after i talked to a 'manager' last week, they told me paying by money gram was acceptable, I get an e-mail today saying my account was due to be debited.

So I sent a letter basically saying the same thing and this is what the manager sent back:

Sheena,



Your email and fax were received today. Your payment arrangement with me is still valid. No payments are being processed through your account. The email you received is automated. It goes to everyone who has an open balance and they will continue to arrive until your account is paid in full.


As far as our licensing is concerned, the notice at the top of the agreement you signed clearly states


nhcash.com, LLC, a Delaware Limited Liability Company doing business as nhcashsilver.com, offers unsecured small loan transactions per the laws of the State of Utah registration number # 9337-SM. If you submit this Master Cash Advance (Master Agreement hereinafter) to us, we will process it in the State of Utah the same as if you submitted it in person to us at our offices, regardless of your state of residence. All aspects of transactions occurring on our website, nhcashsilver.com shall be deemed to have been completed physically within the state of Utah.

We have won cases in other states such as Massachusetts because the customer signed the agreement with the same disclaimer above. We are more than happy to work with you in terms of optional payment methods but I think your tone is unnecessary considering you never replied to my email below when I asked you when you would be making the payment via Moneygram.

When will you be making the payment and how much are you sending?

Donna Rines

Manager

nhcash

active link removed per forum rules


what state are you in again?sounds like BS to me.
they won cases in MA where pdl's are prohibited right.


lrhall41

Submitted by paulmergel on Wed, 06/25/2008 - 13:56

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Is nhcash a pdl or small loan processor? I ask because I took out a pdl and am getting ready to send my C&D letter. I got an e-mail from them today saying I owed them $499 on a $250 loan. I have already paid back the $250. What should I do?? I live in NY and I know that pdls are prohibited here.


lrhall41

Submitted by on Mon, 07/28/2008 - 07:32

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OK, just a thought but it sounds to me like that is an excuse to just steal money. You didn't have a issue when they gave you money, you took it and spent it, you never sent it back because they were prohibited in your state.
Also, you are doing business with a company out of another state, it would be no different if you walked into their store. You do business with companies not licensed in your state everyday, but you still do business with them...


lrhall41

Submitted by on Wed, 08/27/2008 - 09:36

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i doubt they won any cases over s a state that prohibits loans. either way, that email is strange. i hate when payday loan companies tell me they don't like my tone. she should be happy you're paying money gram - i paid by money orders when i settled with these companies.
you're going to be okay - i would have been nervous, too, though if I got something saying they were going to debit my account! i would keep a careful eye on everything to make sure they are doing everything right and legal on their end.


lrhall41

Submitted by bea2ls on Mon, 09/29/2008 - 16:43

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I just wanted to let everyone here know that i live in Mass and was taken to small claims by NHcash.com and they won. Per the Judge it clearly stated in their agreement that taking the loan from them is the same as going to the store front in NH, therefore I am doing business in NH, not Mass.
I also had a returned payment and the Judge was quick to advise me that it was a criminal act to have a returned check/ACH so if they wanted they could bring criminal charges. They didn't and we arranged a payment plan. Just thought I'd let everyone know since the only argument people seem to have is that now that they can't pay the loans back, it's cuz their illegal in the home state.


lrhall41

Submitted by on Wed, 03/25/2009 - 12:20

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It sounds to me as though your judge was not knowledgable of the law as it pertains to PDL's and licensing in the state or you may have some law that permits this finding. I would contact your local Legal Aid for them to review this finding. If you have no luck there, contact your local Bar Association for additional direction. You may also want to advise the DFI of your case as this will affect thier ability to regulate.

*** If you are in MA, please be very careful as this can open the door wide for unlicensed lenders as there is now a precident set.


lrhall41

Submitted by PDLOwner on Wed, 03/25/2009 - 12:32

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I thought if it was a physical check knowing its not going through is a criminial act. As for e-checks or ACH, that is not a criminial act.

Also, consumers are protected by their states and laws, so I don't know if I buy that person's court story. Are you sure it wasn't arbitration court or whatever it is. Cause then, YES, I do see you losing that.


lrhall41

Submitted by sjkuz on Wed, 03/25/2009 - 13:21

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