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Plain Green Loans Help Please!

Date: Mon, 11/21/2011 - 06:08

Submitted by zeral
on Mon, 11/21/2011 - 06:08

Posts: 4 Credits: [Donate]

Total Replies: 3


I apologize now for the lengthy post, but I want all the info out so you can give me good advice!
 
This is what I sent them to start:
 
After doing research regarding Internet loan laws in the State of Ohio, I have found that Plain Green Loans, LLC are actually illegal in Ohio.

I hereby revoke any and all ACH authorizations with your company from debiting any of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I have closed my account with ******Bank to protect my interest in this matter, per instructions from The Ohio Department of Finance. I also revoke any and all wage assignments I may or may not have signed with your company, I no longer authorize you, your company, or your affiliates to attach any part of my wages or contact my employer for your collection purposes. I have notified my employer about this matter so any attempts to do so on your part will be rejected.

I demand that any contact be made through email only. I will need everything in writing to keep accurate records of all communication as per instruction from my Attorney General's Office.

I prohibit you or your affiliates to contact me via telephone at my place of employment or my home
telephone number. I also prohibit you from calling my references listed on my loan.

Due to the fact that Internet loans must be licensed in the state of Ohio to be a legal and binding contract, your company should NOT issue loans to Ohio residents at all. I am requesting that you send me your license number which enables you to offer loans to Ohio residents.

The legal amount that could have been charged to my loan is the principal amount, even IF your Internet loan were legal anywhere in the U.S. I am only obligated to pay the principal amount per state and federal laws.  

With that said, I have taken out a total of three (3) loans through your company and over paid on all three (3) per these laws.  Below are the account details:
 
Account#  ****** Original Loan $500-  Paid a total of $809.29. Overpayment of $309.29
Account#  ******  Original Loan $800-  Paid a total of $871.01.  Overpayment of $ 71.01
Account#  ******  Original Loan $800-  Paid a total of $468.36.  Balance due is $331.64
 
Adding the over-payments of the two and the balance due of the one, there is still an overpayment of $48.66.
 
I demand a refund for the overpayment totaling $48.66 and the closing of the open loan to show paid in full.  Again, as I stated above I have closed my checking account connected to these ACH authorizations and  revoked ACH authorizations, and further attempts to withdraw will result in a complaint filed with the Federal Trade Commission, the Ohio Attorney General, and the Better Business Bureau.
 
Although I would prefer to handle this manner in a civilized manner, quickly, and discretely;  I must also inform you that if your company does not handle this in accordance with both my state and federal regulations, I will be filing complaints with the Better Business Bureau, the Federal Trade Commission, and the Ohio Attorney General's Office which could not only hinder your future clientele, but also the overall business practice.

I expect a response from your company no later than 5 days from the above date regarding this matter. This response may only come via email. No telephone or US mailing contact is permitted.

THIS IS WHAT THEY SENT BACK :
 
This letter is written on behalf of Plain Green LLC (“Plain Green”), to whom you directed correspondence dated November 15, 2011, regarding its business practices.  Plain Green is happy to clarify its status as an “Arm of the Tribe” that is not subject to State regulatory jurisdiction.
Plain Green is organized under the laws of the Chippewa-Cree Tribe of the Rocky Boy’s Indian Reservation of Montana (“Chippewa-Cree”). Plain Green is owned by the Chippewa-Cree, and operates exclusively on land owned by the Chippewa-Cree.  As such, Plain Green stands as an “Arm of the Tribe,” in the view of the United States state and federal courts.   Therefore, loans made by an arm of a sovereign Indian nation are not subject to state law.  
This letter is written as a courtesy, to help you understand that Plain Green and its loan contracts are governed exclusively by the laws of the Chippewa-Cree.  
Pursuant to your request, we have removed your contact numbers from our system and we will make no further ACH debits from your account. You currently remain obligated for the balance on your loan. We recommend that you contact our Account Services department at 866-420-7158 to make payment arrangements.

I SENT THIS BACK:
Again as stated before:
 
Due to the fact that Internet loans must be licensed in the state of Ohio to be a legal and binding contract, your company should NOT issue loans to Ohio residents at all. I am requesting that you send me your license number which enables you to offer loans to Ohio residents.

The legal amount that could have been charged to my loan is the principal amount, even IF your Internet loan were legal anywhere in the U.S. I am only obligated to pay the principal amount per state and federal laws.  
 
With that said, I have taken out a total of three (3) loans through your company and over paid on all three (3) per these laws.  Below are the account details:
 
Account#  *****  Original Loan $500-  Paid a total of $809.29. Overpayment of $309.29
Account#  *****  Original Loan $800-  Paid a total of $871.01.  Overpayment of $ 71.01
Account#  *****  Original Loan $800-  Paid a total of $468.36.  Balance due is $331.64
 
Adding the over-payments of the two and the balance due of the one, there is still an overpayment of $48.66.
 
I demand a refund for the overpayment totaling $48.66 and the closing of the open loan to show paid in full.  Again, as I stated above I have closed my checking account connected to these ACH authorizations and  revoked ACH authorizations, and further attempts to withdraw will result in a complaint filed with the Federal Trade Commission, the Ohio Attorney General, and the Better Business Bureau.

AND THIS IS WHAT THEY SENT IN RESPONSE:
Please be advised that this communication is for the purpose of collecting a debt. Any information obtained may be used to collect the debt. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.


Thank you for your recent email and the opportunity to provide you with additional information regarding your account with Plain Green Loans, LLC ("Plain Green").


The activities of Plain Green Loans are not subject to licensing by any state and are immune from any state investigation or enforcement actions.  The Colorado Supreme Court made clear in the Cash Advance case by holding that "tribal sovereign immunity applies to state investigatory enforcement actions[,] with the Court further "[r]ecognizing that Congress has not imposed any limitation on the application of tribal sovereign immunity to entities acting as arms of a tribe, all the federal courts of appeals that have addressed this issue have held that such entities are entitled to immunity."


This letter will again confirm that your request has been honored, and your loan has been placed in a “mail only” status. This letter also confirms that we have honored your written request to cancel any future ACH debits for payment towards your debt.
Plain Green Loans would like to amicably resolve this matter. Please contact Account Services at 866-420-7158 to arrange for payment of this account.



being they are "tribal"they really is no way.just know any supposed furture claims will be false.you can keep emailing them about the PIF.it can't hurt,but you owe them nothing and won't in the furture.as soapladt stated you are not subject to their laws so they really can't do a thing about it but call.ignore those calls.


lrhall41

Submitted by paulmergel on Mon, 11/21/2011 - 08:13

( Posts: 15514 | Credits: )