Thanks to this forum

here is a copy of their original responses with my responses I did notice they said their response is CC? yeah sure so sue me! :rolleyes:


> > > > > On Tue, 1 May 2012 10:41:28 -0700, "Mypaydayloan.com
> Collections" > > > wrote:
> > > > MyPaydayLoan.com
> > > > > Centro Colon, 8 avo piso, Oficina 8-4
> > > > > San Jose, Costa Rica
> > > > > Phone: 888-269-2303
> > > > >
> > > > > May 1, 2012
> > > > >
> > > > >
> > > > > Dear xxxxxxxxxxxxxxxx
> > > > >
> > > > > In acknowledgment to the letter we received by email, on > >
> 04/27/2012, > > we would like to clarify the issue pertaining to the
> > > transaction you > > originated with our organization. > > 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 Ohio, 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. > > I should also
> remind > > you that any correspondence between > > MyPayDayLoan.com
> and yourself > > is copyrighted material and cannot be > > shared or
> published. > > > > 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 $425; we
> are willing to allow you to > > submit 3 bimonthly > > payments
> without any further extension fees > > being assessed. The > >
> payments will be $125 on 5/1, $150 on 5/15, > > and $150 on 6/1. We
> will > > need your response immediately in order > > to set your
> account up > > properly. > >
> > > > > Please govern yourself accordingly. > >
> > > > > Sincerely,
> > > > >
> > > > > Ashleigh Jones
> > > > > MyPaydayLoan.com
> > > > >
> > > > >
------------------------------------------------------------------------------------------
> > To: [email]collections@mypaydayloan.com[/email] > Date: > >
> > > 04/29/12 23:22 > Subject: Loan Not Legal in California > > Dear >
> > > > Lender,
> > > > > > > It has come to my attention that payday lenders must be
> > > licensed > > by the > state of California in order to offer
> loans > > to its > > residents. > Since your company has no license
> in my > > state, the loan > > contract I > have with you is not
> valid. Also > > "Mypaydayloans.com" > > was issued a > Desist and
> Refrain Order > > November 10, 2010. > > > > >
> http://www.corp.ca.gov/ENF/pdf/2010/Mypaydayloan_DR.pdf
> > > > > > > Although I am not legally required to do so, I am
> willing > > to > > repay > the principal balance of this loan. To
> date, I > > received a > > deposit of > $350 on 12/19/2011, and have
> had 11 > > monthly and > > bi-weekly withdrawals > as follows:
> > > > > > > 01/17/2012 - $150
> > > > > > 01/17/2012 - $75
> > > > > > 01/31/2012 - $37.50
> > > > > > 01/31/2012 - $37.50
> > > > > > 02/14/2012 - $37.50
> > > > > > 02/14/2012 - $37.50
> > > > > > 03/30/2012 - $125
> > > > > > 03/30/2012 - $75
> > > > > > 03/30/2012 - $75
> > > > > > 04/16/2012 - $75
> > > > > > 04/16/2012 - $25
> > > > > > Total - $750.00
> > > > > > > You have debited $750 from my account. This results in
> an > > > > > overpayment of $400. At this time I am requesting a
> return > > email > > > acknowledging that my loan has been paid in
> full. Also, > > I would > > like > a refund of the $400 overpayment.
> > > A refund > > check of $400 > > should be mailed to me at the
> address you > have > > on file. I have > > also revoked
> authorization for ACH withdrawals. > > > > I have given a > > copy of
> these revocations to my bank Any > > future > attempts to > >
> collect funds in this manner will be > > blocked. Please > respond
> to > > this email with acknowledgment that > > my account has been >
> satisfied > > in full. Details of when I can > > expect the refund
> check, as > > > discussed above, should also be > > included in the
> email.
> > > > > > >
> > > > > 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. > >
> > > > >
> > > 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.

Here is the my a copy of the responses.

his starts from my last response to MPDL...

Ashleigh,

Again thank you for your prompt reply! According to the California
Attorney General I did not avail myself to the Laws of Costa Rica and
according to the Desist and Refrain Order dated November 10, 2010 which
can be found here.
http://www.corp.ca.gov/ENF/pdf/2010/Mypaydayloan_DR.pdf

This makes it illegal to do ANY business in the state of California and
any such collections in the State of California is illegal since you
have received the principal amount of the loan back.

In fact you have received approximately 115% of the principle amount
back. Since this is the case... Once again I am requesting an e-mail
acknowledging this account is Paid in Full and a refund of the $400.
A refund check in the amount of $400 should be mailed to me at the
address you have on file.

I have filed formal complaints with the following agencies California's Attorney Generals office,
the Federal Trade Commision and the Better Business Bureau.
---------------------------------------------------------------------------------------------

On Tue, 1 May 2012 12:40:55 -0700, "Mypaydayloan.com Collections"
wrote:
Once again, as previously explained, you sought an advance from our
company, you agreed to avail yourself to the laws of Costa Rica
regarding this advance, NOT those of California. If you did not agree
then all you had to do was indicate that and you would NOT have
received the advance in the first place. However, you did agree and you
did accept our funds. The account is NOT paid in full, nor are you owed
a refund. If you do not agree to the offer I previously sent, then all
collection procedures will continue.
>
> Ashleigh
-------------------------------------------------------------------------------------------
> > -----Original Message----- > From:
> > To: "Mypaydayloan.com Collections"
> > Date: 05/01/12 15:33 > Subject: Re:
> Re[2]: Loan Not Legal in California > > Ashleigh,
> > > All Payday loan companies are required to be licensed by DOC
> under > the California Deferred Deposit Transaction Law. > > Since
> I am not a resident of Costa Rica I have never represented myself >
> to be a resident of Costa Rica and I never will be a resident of
> Costa > Rica I am not bound by the laws of Costa only those of the
> United > States of America. > > If you have any further questions or
> comments regarding this matter > please contact California's
> Attorney General's office at: (800) > 952-5225. > > Again I look
> forward to your prompt response to my request for a "Paid > in Full"
> e-mail and a refund of the $400 over payment. > >

---------------------------------------------------------------------------------------------
> > > On Tue, 1 May 2012 12:12:32 -0700, "Mypaydayloan.com Collections"
> > wrote:
> > The same applies, I do apologize for error in your state though. > >
> > > Ashleigh
> > >
---------------------------------------------------------------------------------------
> > To: "Mypaydayloan.com Collections" > >
> > Date: 05/01/12 15:09 > Subject: Re:
> > > Loan Not Legal in California > > Hello Ashleigh,
> > > > > Thank you for your prompt response. > > However I am in
> located > > in California not Ohio... > > Mypaydayloans.com was
> issued a Desist > > and Refrain Order dated November > 10, 2010
> which can be found here. > > >
> http://www.corp.ca.gov/ENF/pdf/2010/Mypaydayloan_DR.pdf This makes >
> > it > illegal to do any business in the state of California. > > > >
> According to the California Attorney General whom I have contacted >
> > and > been advised by this loan was illegally issued to a resident
> in > > the > state of CA and although I was not obligated to I have
> repaid > > the > principle amount of the loan and in fact over paid
> the loan by > > $400. > I am entitled to and requesting a full
> refund of the $400 > > overpayment. > > Also I am requesting a return
> email acknowledging > > that my loan has > been paid in full. A
> refund check in the amount > > of $400 should be > mailed to me at
> the address you have on file. > > > > I look forward to your prompt
> response to my request for a "Paid in > > > Full" e-mail and a refund
> of the $400 over payment. > > Thank you!
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