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Archer Direct

Date: Mon, 06/25/2012 - 13:42

Submitted by anonymous
on Mon, 06/25/2012 - 13:42

Posts: 202330 Credits: [Donate]

Total Replies: 7


I had electronically signed a loan document online with Archer Direct. I have sent them the unlicensed letter and cease and desist letter. i have told them that they are not licensed in the state of Florida and that I am only paying them the principal of the loan. Their collections dept. send me this email. Please let me know if this is legal.
"They are an online company through Delaware, when you signed electronically you agreed to a contract as an online customer through Delaware law, Your loan received from their company is in fact legal. So, in conclusion you do still have a debt owned to Archer Direct."

Can anyone tell if this is legal.


Thanks.


Tell them that electronic signature bit is total and utter BS and you are not stupid enough to fall for it. Also tell them that you are moving to file complaints with the AG and the FTC. Mention that the gesture to pay off the principal amount is in good faith and if they try to push things, they won't see a dime.


lrhall41

Submitted by on Mon, 06/25/2012 - 23:10

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Thanks for the response. I called the the Office of Delaware state bank to find out more info this morning, and they are saying that even though they are in Delaware and not licensed in the State of Florida. Anything I signed over the internet is valid. So I am a little confused. I just don't want to end up having legal problems. Please help.


lrhall41

Submitted by on Tue, 06/26/2012 - 05:24

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for one your state law applies so stop trying to contact delaware.two the bank dept doesn't know jack squat about the pdl laws.contact your state AG and file complaints with them.delaware doesn't matter.your state does as this loan is illegal there.go by that and don't be swayed by the typical BS the lender and their state spew.


lrhall41

Submitted by paulmergel on Tue, 06/26/2012 - 05:40

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I too am getting emails from Archer Direct. I told them I don't owe them anything and sent them the laws for New Jersey. Their response was this:

[COLOR=#1f497d]Laura, [/COLOR]
[COLOR=#1f497d] [/COLOR]
[COLOR=#1f497d]If the payment went through then I would not be contacting you. If you decide you want to play games and not pay the loan back then that???s your choice, either way this will show up on your credit report.[/COLOR]
[COLOR=#1f497d] [/COLOR]
[COLOR=#1f497d]In regards to your paragraph we are located in Wilmington, Delaware 19803. [/COLOR]
[COLOR=#1f497d] [/COLOR]
[COLOR=#1f497d]Please pay attention to the highlighted area. This is in your contract that YOU signed.[/COLOR]
[FONT=Times New Roman]Governing Law: Both parties agree that this Note and your account shall[/FONT]
be governed by all applicable federal laws and all laws of the jurisdiction in
which the lender is located, regardless of which state you may reside, and by
signing below or by your electronic signature, you consent to the exclusive
exercise of regulatory and adjudicatory authority by the jurisdiction in which
the lender is located over all matters related to this Note and your account
forsaking any other jurisdiction which either party may claim by virtue of
residency.
[COLOR=#1f497d] [/COLOR]
[COLOR=#1f497d] [/COLOR]
From: Malloy, Laura Sent: Thursday, August 23, 2012 11:49 AM
To: Aurelio P
Subject: RE: Reactivation


[COLOR=#1f497d]You did take the money out on July 31st in the amount of $312.50 when you were only supposed to take out 62.50, causing other checks to be returned. I need to know which state you are licensed in. I do not want to have any more contact with you. Please see below. [/COLOR]
[COLOR=#1f497d] [/COLOR]


lrhall41

Submitted by on Thu, 08/23/2012 - 12:20

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They're an illegal lender and if they report this to credit bureaus they'll owe you 1 grand in FCRA violations. They know that. However I'd like you to call your bank first and make sure the payment was not returned. Many systems will show the payment and then 2-3 days later show it returned but still have it remain on their statement. Once you confirm it did infact go through, tell Archer you want all overdraft fees the bank charged you as well as any amount over the principal refunded, or you will call the FTC, your state AG, and their state AG.


lrhall41

Submitted by waffles on Thu, 08/23/2012 - 12:29

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