In the Process

I'd tell her to shove it, as high as she could get it.

Shazzers, you have GOT to stop being so shy and hiding your true feelings! :)

I LOVE that line about "putting your tax return dollars to good use," don't you? Anyone who's told the PDL's "no more money" will be guaranteed to be deluged with e-mails, calls, etc., right around tax time that they, too, can "put their tax return dollars to good use" to pay yet more money on the PDLs'.

I would reply and tell her that you are contacting her in order to recover the $825 that you've overpaid. :) File your complaints and stick to your guns!

Quote:

Received another reply that actually has me laughing a little. First off, my name is NOT Heather, and the letter from her that they replied to in no way whatsoever matches the letter I sent them. I can safely stick to my guns, though, right? I do have approx $200 owing on the current one, but I have done business with them in the past and all said and done there is roughly $900 in "interest fees" in question.

Devidia II Ltda.
NationalPayday.com
Apdo 291-7150
Turrialba, Costa Rica

3 February 2011

Dear XXX,

We would like to formally address your most recent email. At this time, we would like to take the opportunity to clarify your check advance agreement with NationalPayday.com.

In response to your questions regarding licensing and contract venue, Devidia II Ltda DBA NationalPayday.com is a Costa Rican corporation licensed in Costa Rica with offices operating in Costa Rica.

Because all customers avail themselves to Costa Rican law when entering into a check advance agreement with NationalPayday.com, the Wyoming jurisdiction is not applicable.

The "lex loci celebrationis" (the law of the place where a contract is made) determines the formal validity of a contract which is key to specific contract venue law. The Hogue-Kellog principle provides even more clear-cut evidence regarding the controlling venue for a contract. This principle commands that a contract is deemed to be executed where the final act is done which is required to make it a binding contract.

Please note that the contract transaction was not binding until NationalPayday.com reviewed the application information received from the customer in order to make a decision as to whether we should enter into the agreement. Therefore, the final act to make the transaction and contract binding was in NationalPayday.com's jurisdiction (Costa Rica), not the customer's.

Please see Hogue-Kellog Co. Inc., v G.L. Webster Canning Co., Inc. 22 F3rd 384, 385 (4th Cir.1927).

NationalPayday.com customers enter into an unsolicited transaction with a Costa Rican company that maintains offices, employees, servers, and all other crucial elements of the business and transactions taking place in Costa Rica, which includes contract venue, rather than the location of the customer (Wyoming in this case) where nothing is deemed to have taken place.

Please see Zippo Manufacturing Company vs. Zippo Dot Com, Inc. 952F Supp 1119, 1124 (W.D. Pa. 1997).

All customers who choose to conduct a relationship with NationalPayday.com are required to consent to avail themselves to internal Costa Rican laws, which all customers do so unsolicited and willingly. If a customer refuses to do so, no advance is granted. Furthermore, this disclosure is indicated on both the website and the contract.

The website specifically states:

"All aspects and transactions on this site will be deemed to have taken place in our office in Costa Rica, regardless of where you may be viewing or accessing this site."

The check advance agreement specifically states:

"GOVERNING LAW: Both this agreement and the application is considered to be executed at our offices in Turrialba, Costa Rica, and this transaction and agreement with us shall be governed by, construed, and enforced solely in accordance with the internal laws of Costa Rica."

Again, because NationalPayday.com customers avail themselves to Costa Rican law when entering into a check advance agreement with NationalPayday.com, a Costa Rican corporation, the Wyoming jurisdiction does not apply.


We are more than happy to work out a payment arrangement with you to satisfy your current balance due of $562.50 We can work with you to customize a payment plan that suits your financial situation and is easy to stick to. Here is what we propose:

1 - I can waive your existing 25% cash advance fee thus reducing your total amount due from $562.50 to $450.00.
2 - I can set your cash advance fee to 0% from 25% which means you won't accrue any additional finance charges on your balance as long as any payment you make is successful. This also means that any payment you make will REDUCE the amount that you owe.
3 - I can start you off with a payment of $50.00. However, we will need to receive payment for Friday, 2/18/2011 (since your payday of 2/20/2011 falls on a non-business day).
4 - From there, we can accept $50 on the 5th and 20th of each month until your balance reaches $0. You can always pay more than your minimum to speed up the process and are able to. We can adjust the dates and the amounts as things change, though communication with me is key.
You can pay this out using a bank account - a checking account or a savings account. If you don't want to use a bank account, we can use a credit card. A Visa, MasterCard, or pre-paid Visa or MasterCard will work. Let me know which you prefer and I will send corresponding instructions.

Respectfully,
NationalPayday.com

Notice of Confidentiality: All content and information included and/or attached in this electronic mail transmission is considered to be confidential and is intended for the addressee only. All content is considered to be NationalPayday.com's exclusive copyrighted property. Any unauthorized reproduction, distribution, publication, or disclosure is expressly prohibited without the express written consent of the company. If you believe this e-mail message has reached you in error, please notify the sender by replying to the transmission. Please delete this message without disclosing or copying it.


-----Original Message-----
From: "" <>
To: "support@nationalpayday.com"
Date: 12/28/2010 09:57
Subject: Acct#181569168
Date:12/27/2010

Nationalpayday

Heather
PA
Account #

This letter is to inform you that I am aware of the FACT that the loan you issued to me, is NOT legal or binding in my state.

The state of Wyoming requires Internet payday lenders to be licensed in MY state. I have already researched this information, your company does NOT have a license to lend in the state of Wyoming, if I am mistaken I will need proof in the form of a license number so that I may verify it with my Attorney General. I am bound by the state laws where I reside. As I have no presence in Wyoming, therefore I have no legal obligation to the 'governing laws' you may have detailed.


Be advised that as of today 12/28/2010, I am revoking 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 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. None of the above no longer have my permission to access my accounts or impose a wage assignment.


I will only communicate to resolve this matter via email. If you ignore this notice and attempt to contact me or any of my references via telephone, you will be ignored and any payments owed will be delayed. I am willing to pay the principle amount of the loan only, however, no address means NO payments, this is not negotiable.

If you do NOT reply to this notice within 48 hours I will be forced to file complaints with my Attorney General, Tom Corbett, the BBB and the Federal Trade Commission.

Sincerely,

Your Name

Heather



???Please consider the environment: Think twice before printing this email.




CONFIDENTIALITY NOTICE

This e-mail contains privileged and confidential information which is the
property of Nucor, intended only for the use of the intended recipient(s).
Unauthorized use or disclosure of this information is prohibited. If you
are not an intended recipient, please immediately notify Nucor and destroy
any copies of this email. Receipt of this e-mail shall not be deemed a
waiver by Nucor of any privilege or the confidential nature of the information.

Probably copied and pasted from another letter they sent, they just forgot to remove the name. Idiots. lol

the old "costa rican law'trick.they are full of it of course.you would think they would change that tact as too many people are no longer buying it.

She can put this in her pipe and smoke it!!!

"First off, I am NOT Heather, and the fact that you would use her letter to reply to me reflects the level of professionalism and lack thereof you operate under. While the facts mentioned in the letter from Ms. are somewhat accurate as to the invalidity of your status in the state of Wyoming, it is in no way, shape, or form, related to the information I sent to you, nor is the date accurate. As I told you in MY letter, I demand that you provide me with your license to conduct business in the state of Wyoming which I can then verify with the Wyoming Department of Audit, Division of Banking. I then expect a repayment of the over $700 in "finance charges" you have illegally deducted from my account. You will find a breakdown explaining that number in my prior letter. As I live and work in Wyoming, and have NEVER entered Costa Rica, Wyoming law is the prevailing law here, and you will find the state statutes relevant to this issue attached to my letter."

They probably can't read. lol

Haven't had to be on for awhile. I had only heard back from National (no refund of overpayment, but they did mark it Paid In Full). Now today, my husband receives a fax at his office from National Credit Adjusters wanting a verification of employment. No information is given other than an NCA account number. No original creditor, no amount owed, nothing. I have been keeping an eye on his credit report, and nothing has shown up as of last Friday, but what recourse do we have now?

Mail, fax them a cease and desist letter demanding that they not contact your employer, references, family etc. You should send it certified mail, RRR.

In the cease and desist letter, do I state the reason or do I simply tell them to stop? I believe this "collection" is for an illegal payday loan (not licensed in WY). I did check on my state's website, and NCA is not licensed to conduct business in my state.

You can state that the original lender is not licensed in your state and therefore is an illegal lender. That they (the collection agency) cannot legally collect on an illegal transaction. You can demand that any contact be made through US mail or e-mail only. Prohibit them or their affiliates to contact you via telphone, e-mail or fax at your place of employment. Also prohibit them from calling references listed on your loan.

Tell them should they contact your employer again, you will retain the services of a consumer advocate attorney.

I removed Heather's full name and info from your posts above for the sake of her privacy.

Did you include wage assignment revocation language in your original letter? If not, you need to do so in the cease and desist letter and get a copy of it to your (your husband's?) HR department.

Hi, SW. I'm replying here instead of to your PM so this information can be viewed by others in the future.

Since this is a third party collector, I wouldn't bother with giving them an explanation. They're kind of a victim too. The company you've already paid off has sold this account to this CA. Scum or not, they've also been taken advantage of.

Anyway, I would just say something to the effect of:

Quote:

I did include wage assignment revocation in the original cease and desist letters, thankfully! Now, though, I'm getting a little nervous. There was a message on my machine today from a Laticia (?) with TRS (855-868-2577). I need to proceed with the debt validation letters, correct?

Just checked the machine again, and there was an automated message regarding a "summons of complaint" for fraud allegations, and to call 888-315-8365 x200. My nerves have shot into overtime. WTF?!?!