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I have several internet payday loans and will be s

Date: Mon, 03/07/2011 - 07:46

Submitted by brooks892002
on Mon, 03/07/2011 - 07:46

Posts: 13 Credits: [Donate]

Total Replies: 28


I have several internet payday loans and will be starting the process of closing my bank acct to start working out payment plan with these lenders. What i'm not sure of is the lenders that are not legal in my state. I live in Kansas, I've listed the lenders.
cashnet usa- ace cash express-cashdirect express-cashjar-speedy cash-checkcity-loanpoint


Cashnet USA is a legal CSO. You can ask them for an extended payment plan. They will break your current balance due into 4 equal payments, due on your next 4 pay dates. Ace Cash Express may do the same if you ask them. All your other lenders are not licensed in your state. Check out [URL="http://www.debtconsolidationcare.com/paydayloan/illegal-pdl-dealings.html"]this thread [/URL]to see how to deal with illegal lenders.


lrhall41

Submitted by OhioGal1 on Mon, 03/07/2011 - 12:19

( Posts: 5253 | Credits: )


For the ones that aren't licensed, you don't negotiate. If you've paid the principal, you demand a paid in full letter. If you've overpaid, you demand a refund. You MUST close your account and you also need to file complaints against these people. Be sure to read the thread that I linked to in the above post.


lrhall41

Submitted by OhioGal1 on Tue, 03/08/2011 - 06:56

( Posts: 5253 | Credits: )


I have a question East Side Lenders responded to my letter regarding my accont I am attaching it.
Here it is

I have sent you a copy of the contract that you signed and if you would scroll down to paragraph 12 it states:

12. Governing Law. This Agreement is made and accepted in the West Indies, and shall be governed by the law of the West Indies, without regard to its choice of law rules, except that the arbitration provisions will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside.

Customer Service Department
Everest Cash Advance


lrhall41

Submitted by danettere on Wed, 03/09/2011 - 06:16

( Posts: 281 | Credits: )


This is a response fromMy payday Loan

Dear Danette Robinson,

In acknowledgment to the letter we received by fax, we would like to clarify the issue pertaining to the transaction you originated with our organization.

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 New Jersey, 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. Your Balance is $477.50, we are willing to allow you to submit 4 payments of $119.38, and these payments would need to be received biweekly. Your first payment will be due immediately. We will need your response by Friday 03/11/11, in order to set your account up properly.

Please govern yourself accordingly.

Sincerely,

Blanca Rojas
MyPaydayLoan.com
Notice of Confidentiality: The information included and/or attached in this electronic mail transmission may contain confidential or privileged information and is intended for the addressee only. Any unauthorized disclosure, reproduction, distribution is expressly prohibited without express written permission from the company. If you believe that you have received the message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.


lrhall41

Submitted by danettere on Wed, 03/09/2011 - 06:20

( Posts: 281 | Credits: )


both are full of it.your state law prevails.in fact that is the form letter they send to try and BS people.don't believe it and proceed as you were.they are illegal and know it.respond this way to both fill in the appropriate location.

i am not a resident of xxx have never been a resident of xxx or will ever be a resident of xxx.therefore i am subject to my state laws.


lrhall41

Submitted by paulmergel on Wed, 03/09/2011 - 06:24

( Posts: 15514 | Credits: )


Quote:

Can anyone tell me if unitedcashloans, startcashprocessing, galaxy llc, and integrety loans are leagal in the state of FL?


Would you post a website for Galaxy LLC, I haven't heard of them but I have a feeling they have several different names.
UCL, Star, and Integrity are not licensed lenders in FL. [URL=http://www.debtconsolidationcare.com/paydayloan/illegal-pdl-dealings.html]CLICK HERE[/URL] to find out how to deal with illegal lenders.


lrhall41

Submitted by Shazzers on Wed, 03/09/2011 - 14:47

( Posts: 17344 | Credits: )


Here is the link to there website, they are known as galaxy marketing
galaxymktginc dot com
If I understand right on the other 3 since they are not licensed in the state of FL i should be demanding a refund for any amount of money they took from me over the principle amount of the loan?


lrhall41

Submitted by tousi76 on Wed, 03/09/2011 - 14:57

( Posts: 141 | Credits: )


Quote:

Here is the link to there website, they are known as galaxy marketing
galaxymktginc dot com
If I understand right on the other 3 since they are not licensed in the state of FL i should be demanding a refund for any amount of money they took from me over the principle amount of the loan?


It never hurts to try!


lrhall41

Submitted by Shazzers on Wed, 03/09/2011 - 15:01

( Posts: 17344 | Credits: )


[COLOR=black]A quick update on my fight with the ipdl's. I have spoken with Galaxy marketing today and they have agreed to issue a refund for all amounts that were overcharged and list the account as paid in full. Of course they did not like the fact that I told them that they must send a check a written notice of this action but they are going to do to avoid any further legal action that I may take against them.[/COLOR]


lrhall41

Submitted by tousi76 on Thu, 03/10/2011 - 07:10

( Posts: 141 | Credits: )


Well it looks like I will have to go through my state attorney general and the FTC to deal with Integrety Advance. When I tried to settle the account civaly they continued to try and tell me that they did not need to be licensed in the state of FL and that they only needed to be licensed in Delaware. Of course I know from this site as well as communications with the attorney generals office in FL that this is not the case but it looks like they are going to try and scare me into paying them more money. I have to admit I think it will be fun laughing at them every time they call, and if they do threaten to have me arrested I will give them the number the the plantation police department to hurry that process up.


lrhall41

Submitted by tousi76 on Thu, 03/10/2011 - 08:28

( Posts: 141 | Credits: )


I've closed the bank acct and started sending out emails today relative to being over charged (illegal lenders) Trying to setup payment arrangements with Cashnet USA, Speedy Cash and Check City. I'll let everyone know how the lenders take the email regarding being overcharged, most of them will be paid in full no big refund totals.


lrhall41

Submitted by brooks892002 on Fri, 03/11/2011 - 08:22

( Posts: 13 | Credits: )


Ok here is the first response i've gotten back, how should i proceed in answering them?

Thank you for your recent inquiry.

Please be advised that Cash direct express is governed under Delaware law. For your convenience, we???ve attached a copy of your loan agreement and pasted the section regarding our governing laws below.

GOVERNING LAW, ASSIGNMENT AND EXECUTION: This Loan Agreement is governed by the laws of the State of Delaware, as it is the State in which Your
Application is received, the Loan Agreement is entered into, the Loan is approved and funded and where payment is received by Us in fulfillment of Your
obligations under the Loan Agreement. We may assign or transfer this Loan Agreement or any of Our rights hereunder. If this Loan Agreement is approved by
Us, then You agree that the electronically signed Loan Agreement We receive from You will be considered the original executed Loan Agreement, which is
binding and enforceable as to both parties.

We hope this answers any of your concerns regarding the laws Cash Direct Express is governed under.

If you should have any additional questions or concerns please email us at customerservice@cashdirectexpress.com or contact us at 1 (866) 432-2562 Mon-Fri from 8:30am to 5:00pm.

Thank you,

Customer Relations
Cash Direct Express


lrhall41

Submitted by brooks892002 on Fri, 03/11/2011 - 08:47

( Posts: 13 | Credits: )