Advice on C&D Letter

I think you need to change the part about ...if they refuse to comply, you'll revoke. You need to revoke ACH permission AND wage assignment right now. You also need to make sure your account has been closed before you send the letter.

SureAdvance
Account #
To whom it may concern:
This letter is to inform you that I am aware of the fact that the loan which was issued to me is not legally binding in the state Arizona. I am bound by the state laws where I reside. As I have no presence in your state, I therefore have no legal obligation to the 'governing laws' you may have detailed. For your convenience, I have included Arizona???s payday lending laws below.
(Insert my state???s laws here)
Prior to July 1, 2010, the state of Arizona required Internet payday lenders to be licensed in the state in order to be a lender. I have researched their licensee database and determined that your company was not properly licensed and therefore not able to provide me with a loan. If you dispute this, I will need you to provide your valid license number so that I may verify it with my Attorney General.
Effective immediately, I hereby revoke ANY and ALL ACH authorizations with your company from debiting any and all of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I will also revoke ANY and ALL wage assignments I may have signed, by you, including but not limited to; any of your affiliates, dba's, and collection agencies assigned to this account. I will also be forced to file complaints with the Office of the Arizona Attorney General, the Office of the Delaware Attorney General, the BBB and the Federal Trade Commission.
My financial records indicate that I received a loan in the amount of $400.00 on (insert date) and have paid, to date, $811.40. (Here I would indicate how much more you paid on the loan that allowable by law) Because the terms of the loan violated Arizona state law, I am only responsible for the principal amount funded. At this time I am requesting my account be considered paid in full and request written documentation via USPS reflecting this. (Seriously reconsider your choice in not seeking a refund ??? I would put it here)
Sincerely,
Your Name
* I'm not done *

I appreciate the feedback. As with others who have posted here, I am not in a position to close my bank account right now as it is a joint account with my husband and he is unaware of the pdl. :( This plays a part in my reason for just wanting this all over with and not immediately asking for refunds. I do agree it is best to revoke the ACH authorizations right away - I just felt like that had no teeth without closing the bank account. Thanks for the suggestions - I will let you know how it turns out!

Why can't you just talk to your husband and tell him you made a mistake?

Excellent question and I have no reasonable answer other than I am afraid of the consequences. We have always argued about money and I just can't face disappointing him like this. I would rather try and clear it up - I know it is dishonest and not a very mature way to handle a relationship but...

Letters away! Jeez I am nervous now!!!!

They are illegal pdls...they wont care what the letters state. You need to close the account.

Did you go to your bank and at least block all ACH transactions?

Quote:

I believe you can but a hard ACH debit block on an account. Deposits will come through but no debits will process.

I agree. You may argue with your husband about it but it's not like he's going to divorce you for making a mistake, right? That account is his too and he should know that it may be in danger.

I totally was in her Shoes! the main reason for her not telling her husband is FEAR, and i went through that but God gave me strenght and told me that in order to help me i needed to speak the truth, he game courage and ended up turning great, my husband totally understood me and is helping me through this, and trust me, it is a surprise for me that he did that!! almost a miracle! the worst that would happen is that he beats her, otherwise, there's no way she should be afraid. i learned that! no one has the right to judge debtors! so, if she puts the ACH does not garantee that they won't submit the amount as a check as it says on the agreement for ACH revokation, in my case, i called and ask them for a payment plan, i was like well if you keep debiting my account, my money will be goign towards paying th bank instead of paying you! haha! then they agreed not to debit it no more! i wish her the best!

Well as someone else who is afraid to tell her husband, fear is a major reason however my husband doesnt beat me but he is a very angry and unforgiving man. I wish I was married to someone who would help me through this and that I could confess. I would feel so much better. But for me honesty isnt the best for this situation, my husband does not lie and does not forgive liers...Plain and simple. Hiding this mess from him, risking our financial future...is a lie and unforgiveable. I hope everyone who can tell their husband. Life would be easier however for those who can not I understand!!!

Almost nothing is unforgiveable. [hugs]

I have put a block on ACH transactions for these lenders. I know that won't 100% prevent any withdrawals but it is where I am at. No, my husband won't beat me or anything, but I have lied to him in the past about bills and money and I don't know if our relationship can withstand another "come to Jesus" discussion about my screw ups. I am, at this point, hoping for the best and expecting the worst.

I totally understand where you and ballplayersmom are coming from. I also had lied in the past and felt that if I could get a handle on things, I could get myself out of this mess. Afterall, "I made the bed and now I must lay in it". It is a very scary place to be. Fortunately, I am slowly digging out from the mess I made. A big lesson for me. The only advice I can you is to read, read, read the posts on this forum. There is a TON of advice and direction to follow on how to get control of your paychecks again and how to deal with the lenders (both legal and illegal). This forum has helped me tremendously.

I am in the same exact boat!!!! Have lied over money and one lie lead to this whole mess. I am with you and understad your pain! PM me if you want to talk! Your not alone. As I am also handling all my pay day loans one at a time! Quote:

Well I just received my first response from SureAdvance. Pretty non-comittal. I responded that I had not yeat filed complaints in an attempt to resolve the matter amicably, but that I was requesting my account be closed as paid in full. We'll see what happens.

We are in receipt of your correspondence dated August 27, 2010 and are currently researching your account for the best resolution possible for both parties.

While reviewing your correspondence, it is our understanding that you have filed complaints concerning this issue with the Better Business Bureau, Federal Trade Commission and the State Attorney General???s Office. Please be advised in order for Sure Advance to properly respond to any of the complaint???s filed with the organization???s above, we must first receive a copy of the complaint from the organization you filed with.

If you have not already filed complaints with the organization???s listed above and simply want to resolve this inquiry promptly, please inform us by replying to this e-mail. Once received, we will view the correspondence already received by you as the complaint itself and respond appropriately. (Please note: This option may only be executed in the event that you have not filed any complaints with any organization concerning your inquiry.)

If you have any additional questions or concerns, please contact me using the information below.

Thank you,

Customer Relations Supervisor
r Relations Supervisor

Of note, I have also been locked out of my Sure Advance account. I recevied an additional email from them stating my letter had been forwarded to management and a decision would be made in 7-14 business days. I responded that I expect my ACH revocation to be honored in the meantime. We'll see....

[QUOTE=ballplayersmom;741181]Well as someone else who is afraid to tell her husband, fear is a major reason however my husband doesnt beat me but he is a very angry and unforgiving man. I wish I was married to someone who would help me through this and that I could confess. I would feel so much better. But for me honesty isnt the best for this situation, my husband does not lie and does not forgive liers...Plain and simple. Hiding this mess from him, risking our financial future...is a lie and unforgiveable. I hope everyone who can tell their husband. Life would be easier however for those who can not I understand!!![/QUO

your husband is like mine but i can't tell him now,,, he will never understand... our checking accounts are seperate I was able to pay the bills but never had money to for nothing extra I starting doing anything myself hair, nails & toe, less clothes shopping... oNe things I got out of this is how to budget and approicate money that I worked for.. It was like I was working for them...NEVER AGAIN

[QUOTE=screwedinaz;741305]Well I just received my first response from SureAdvance. Pretty non-comittal. I responded that I had not yeat filed complaints in an attempt to resolve the matter amicably, but that I was requesting my account be closed as paid in full. We'll see what happens.

We are in receipt of your correspondence dated August 27, 2010 and are currently researching your account for the best resolution possible for both parties.

While reviewing your correspondence, it is our understanding that you have filed complaints concerning this issue with the Better Business Bureau, Federal Trade Commission and the State Attorney General???s Office. Please be advised in order for Sure Advance to properly respond to any of the complaint???s filed with the organization???s above, we must first receive a copy of the complaint from the organization you filed with.

If you have not already filed complaints with the organization???s listed above and simply want to resolve this inquiry promptly, please inform us by replying to this e-mail. Once received, we will view the correspondence already received by you as the complaint itself and respond appropriately. (Please note: This option may only be executed in the event that you have not filed any complaints with any organization concerning your inquiry.)

If you have any additional questions or concerns, please contact me using the information below.

Thank you,

Customer Relations Supervisor
r Relations Supervisor[/QUOTE]

Interesting, that is the exact (word for word) response I received from US Fast Cash. Are they affiliated? They ended up marking my account PIF, btw.

OhioGal1-

How long did it take for them to mark your account PIF? I am just at the begining but am hoping to resolve all of this soon. Also, if anyone has successfully dealt with American Consumer Credit or The Cash Spot - how long did it take them to respond. I have now sent the C&D letter twice and have heard nothing. Thanks to all!

Not long. They sent me that letter and I told them I'd not yet filed my complaints and would give them 3 business days to meet my demands. I asked for a PIF. They marked the account PIF and sent me a letter stating such within a day or two.

I would call up whoever sent you that email and tell them you'd like your account marked as PIF and would like an email or letter stating that the accout is PIF.

OK - I emailed SureAdvance requesting a status update and emailed The Cash Spot that since they have elected to ignore my request I will be forced to file complaints and seek refund of the overpaid funds. We'll see what happens!