Mad, Scared, Confused - HELP!
Date: Wed, 02/02/2011 - 12:08
[COLOR=black]In acknowledgment to the letter we received by email, on 2/2/11, we would like to clarify the issue pertaining to the transaction you originated with our organization.[/COLOR]
[COLOR=black] [/COLOR]
All correspondence from Mypaydayloan.com is copyrighted property and you had to consent to this in order to even apply.
Specifically, the website states:
"Except where expressly provided otherwise herein, all emails, comments, feedback, information or materials submitted to Mypaydayloan.com through or in association with this web site ("Submissions") shall be considered Mypaydayloan.com's copyrighted property. By providing such Submissions to Mypaydayloan.com, you agree to assign to Mypaydayloan.com all worldwide rights, title and interest in the copyrights and other intellectual propertyrights to the Submissions."
Any publication of such info is in direct violation and you will be pursued vigorously by our legal counsel including severe financial penalties for publishing copyrighted confidential information. You can see such disclosure at the beginning of our site after your email has been validated and before you proceed with the application.
In regards to contract venue, you were required to consent to “avail yourself to Costa Rican law†which you did willingly and unsolicited. Had you not agreed to that you would not have received the advance.
Specifically, the contract states:
"GOVERNING LAW: Both this agreement and the application is considered to be executed at our offices in San Jose, 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."
In addition, not only did you avail yourself to Costa Rican law and agreed to be governed by it, independent US case law also supports contract venue, even had you not agreed in advance to such venue, which you did. Jurisdiction over commercial activities had been proven to be based on a "sliding scale" determined by where the preponderance of activity has occurred. You are dealing with an unsolicited transaction to a Costa Rican company with servers, offices, employees, and all other important elements of the transaction taking place there, including contract venue rather than your state of South Carolina, where nothing has taken place. Please refer to the case of Zippo Manufacturing Company vs. Zippo dot com, Inc. 952F Supp 1119,1124 (W.D. Pa. 1997).
Furthermore, specific contract venue law even provides more clear-cut evidence pertaining to the controlling venue for a contract. The formal validity of a contract is to be determined by the "lex loci celebrationis" which is the law of the place where a contract is made. The Hogue-Kellog principle applies that a contract is deemed to be executed where the final act is done
which is necessary to make it binding. See Hogue-Kellog Co. Inc., v G.L. Webster Canning Co., Inc. 22 F3rd 384, 385 (4th Cir.1927). This transaction was not binding until reviewed and approved by MyPaydayLoan.com, once we received all information from you to make a decision to enter into the agreement. Hence, the final act to make the transaction binding was in our
jurisdiction, Costa Rica, not yours.
Lastly, any comment about specific interest rate caps based on your state would not apply anyway since this was not a loan in the first place. You engaged in a check advance agreement with us, not a loan. There are important differences which are a benefit to you and should be clarified. You were charged a fee per $100 dollars advanced. Based on the fact that it is a fee and not interest there is no "accrue" element to this transaction. When you defaulted you were not charged more money based on the time the advance is still outstanding (beyond your initial late fee and NSF fee, if applicable). In addition, the second important function differentiating this transaction as a fee instead of interest is there is no compounding. Any unpaid fees under an interest scenario would have a compounding component where any unpaid charges would be included in the "interest" calculation and added to the unpaid balance for purposes of determining the total amount owed. This is an important difference since there is no compounding of "interest" on any unpaid balances with our transaction. As such, usury would not govern
this transaction since it is a fee. This principle is no different than when your bank charges
you an overdraft fee to cover a check where there are not enough funds in the account to cover the check. You were advanced funds based on your next check from your employer, so whether that was 5 days away or 20, the fee is the same. There was no interest charged and laws governing interest are not applicable.
Hopefully, instead of trying to change the rules that governed the transaction after you received your advance from us because it suits you, you will honor what you already agreed to pay whether you paid attention or not. You need to satisfy your obligation in full, in order to avoid further collection activities and penalties. Any request for payment arrangement should be directed to Detex Agency.
[FONT=Arial]
Please govern yourself accordingly.[COLOR=black][/COLOR][/FONT]
[COLOR=black] [/COLOR]
[COLOR=black]Sincerely,[/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black]Ashleigh[/COLOR][COLOR=black] Jones[/COLOR]
[COLOR=black][FONT=Arial][/FONT][/COLOR]
[COLOR=black][FONT=Arial][/FONT][/COLOR]
[COLOR=black]So they are saying the can sue me for copyright violation if I send my emails from them to the SC Dept of Consumer Affairs as documenation on my complaint! I went back to the website, and I can't find that verbage anywhere...even looked back at my contract, no mention of it there either; however, I did find the clause about "GOVERNING LAW: Both this agreement and the application is considered to be executed at our offices in San Jose, 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." [/COLOR]
[COLOR=black][FONT=Arial][/FONT][/COLOR]
[COLOR=black]How does this work since they are not in the United States?[/COLOR]
[COLOR=black][FONT=Arial][/FONT][/COLOR]
[COLOR=black]And sorry, but one more question...they sent my name over to Telecheck/Teletrak so now I can't write any checks. Is there a way to remedy this before I pay them off? I have told them that I would agree to pay $460 on a $400 loan, but the collection agency they have sent me to is trying to collect $1,037.50!!! And I can't pay that off - not now anyway, but I want my name removed from the Telecheck/Teletrak files!
[/COLOR]
First of all they are illegal in your State. Your state laws ta
First of all they are illegal in your State. Your state laws takes precedent. You are not bound by Costa Rica law. So, you only morally owe them the principal balance. No more. What are they are going to do expediate you to Costa Rica and prosecute you??? I don't think so. File a complaint with your State Attorney General's Office and send them a copy of that complaint.
I dealt with them in NJ. They never reported my to teletrack. I
I dealt with them in NJ. They never reported my to teletrack. I called the rep.that was harassing me, was very direct with her. I told her please sue me so I can be extradited to costa rica as that was one of her threats. I told her I will not pay one cent and id be happy to go to court. I never heard from them again and they arent on my report.
I was so mad when I discovered they had reported me to Teletrak!
I was so mad when I discovered they had reported me to Teletrak! I went to my local supermarket and wrote a check as usual, which was declined. They gave me the number to call to find out why, and they were the ones that told me it was for mypaydayloan - since I closed my bank account and they couldn't draft my payment out, they reported it as a NSF check! And like I said, I would like to be able to write checks again, but at what expense? They are not going to remove my name until I am paid in full, and they consider paid in full to be $1,037.50, not $400. I guess I'll never be able to write checks again!
Dispute it with Teletrack...it's similar to disputing an entry o
Dispute it with Teletrack...it's similar to disputing an entry on the credit report, correct?
Yes, dispute it with Teletrack. Teletrack is good at helping yo
Yes, dispute it with Teletrack. Teletrack is good at helping you.
Actually, come to find out it is with a company called Check Aga
Actually, come to find out it is with a company called Check Again - anyone ever hear of them or know how to contact them? I googled them and I only get information for the businesses that want to use them.....
It's all BS. Just reply to them this way: Please note I am not a
It's all BS. Just reply to them this way:
Please note I am not a resident of Costa Rica, have never prescribed to be a resident Costa Rica and have no Costa Rica presence, as such am not subject to the Costa Rica laws you detail.
I told her I wasn't going to argue with her - that I would let t
I told her I wasn't going to argue with her - that I would let the FTC and the SC Dept of Consumer Affairs deal with them.....it just irritates the crap out of me that I can't write checks! I wish I could get that taken care of, but I don't think it's gonna happen. I did email Check Again today to ask them if I can dispute, and I told them that I had filed complaints against Mypaydayloan.com....hopefully that will pull some weight.
Have you tried to write a check? who the heck is "Check Again To
Have you tried to write a check? who the heck is "Check Again Today"? Are they even for real?
What is their email address, I have never heard of them, I bet t
What is their email address, I have never heard of them, I bet they aren't even legit. I am going to research them as soon as you give me more information about them. Can you give me all the info you have about them please?
Please make sure you contact your attorney general to let them k
Please make sure you contact your attorney general to let them know that you have been turned over to "Check Again Today" and how it's unfair because there was no check involved, besides, this loan company isn't even in the US for crying out loud. I bet if you go somewhere and write a check nothing will happen, I don't believe this is a legit company, I bet they are lying to you.
Shazzers, I did try to write a check at my local grocery store -
Shazzers, I did try to write a check at my local grocery store - that's how I even found out that I had been turned over for a bad check! It was so humiliating (because of course there were tons of people in line behind me when the clerk says "I'm sorry, but your check has been declined".) They gave me a paper to call Certegy. Well you bet the next day I did call Certegy, who then went on to say that the reason my check was declined was because of this company called "Check Again". They gave me their number, and I called them, and they were the ones who told me that a company called Mypaydayloan.com had turned me over to them for a bad check.
do you still have the number for CHECK AGAIN as i too have never
do you still have the number for CHECK AGAIN as i too have never heard of them.this sounds like a made up entity by mypaydayloan.com.either way you were reported to either SCAN,or TELECHECK illegaly by this piece of crap and you should dispute this immediately.let me see if i can ome up with contact/dispute info for both.bottomline an illegal pdl illegaly reported you for a bad check,and it should be disputed.
Thanks for any help paulmergel - I have the number for Certegy,
Thanks for any help paulmergel - I have the number for Certegy, but not for Check Again....
certegy ugh!but you have to get the dispute ball rolling.go to w
certegy ugh!but you have to get the dispute ball rolling.go to www.certegy.com to get that started.i'm still trying to get more info on SCAN,so hang in there.you have to get this cleared up.