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Response from Cash Direct Epxress

Date: Thu, 10/04/2012 - 19:12

Submitted by asprs2002
on Thu, 10/04/2012 - 19:12

Posts: 18 Credits: [Donate]

Total Replies: 6


I have post this on another thread but I would like to hear about your advice:

Cash Direct Express have previously agreed to consider the loan "satisfied in full" but I demand for a refund, and here is their latest response (they attached an "arbitration letter"):

We are writing in response to your email received on September 26, 2012.
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As stated in our previous communication, GECC is a corporation that is fully-licensed as a short-term lender in good standing in the State of Delaware. GECC does not do business in New Jersey, but did make a loan to you pursuant to your request made via the Internet into the State of Delaware. The loan provided was and remains legal and compliant under Delaware law. In addition, GECC remains fully compliant with all federal debt collection laws and regulations.

Reviewing your account details, it appears that despite full disclosure you may have misunderstood the loan conditions and/or terms. At your request, Cash Direct Express (CDE) was able to assist you with your short term cash needs in October 2011. The original amount due per your loan agreement was for the principal balance of $400.00, with the loan fees all due on November 15, 2011. In reviewing your payment history based on the provisions of your loan agreement, you chose to rollover your loan two (2) additional weeks beyond your original due date. As explained in the loan agreement, every two weeks that the loan is rolled over additional loan fees do accrue until the balance is paid in full. In addition to your option to rollover your loan, our records indicate that you utilized our services by choosing to refinance your loan 5 times. Our records indicate that you contacted our customer service department on many occasions to pay down on the principal balance and rollover your loan, but never to request to pay the loan balance in full.

As stated in our previous communication, we are in compliance with all applicable laws, Cash Direct Express (CDE) prefer to resolve these matters amicably with adjusting the current balance and loan fees totaling $982.00. Our records indicate that your loan is considered "Satisfied in Full". We feel that this approach was an amicable decision.

In regard to your above dispute, the note is a legally binding contract and was executed in the State of Delaware. If you are requesting additional resolution of this matter, as defined within your loan agreement, you have the right to arbitrate all disputes utilizing a 3rd party arbitrator. For your convenience we have included the "Agreement to Arbitrate" section of your loan agreement.

[SIZE=2]AGREEMENT TO ARBITRATE ALL DISPUTES: [/SIZE]Arbitration is a process to resolve disputes between parties utilizing a neutral third person (an "arbitrator.") An arbitration proceeding is generally more private and less formal than utilizing the court system and its procedures to resolve disputes. An arbitrator, in similar fashion to a judge or jury, renders a final a decision resolving a dispute, which may later be enforced as a court judgment. This agreement requires that you agree to arbitrate any disputes with us unless you specifically opt-out in accordance with the opt-out provisions contained in this agreement. In lieu of arbitration, you and we are also still allowed to bring a proceeding in small claims court to resolve a dispute between us. The proper venue for any small claims court proceeding shall be in New Castle County, Delaware, unless otherwise precluded by applicable law. Neither party shall be prevented from using a court of competent jurisdiction to seek provisional remedies, including but not limited to, aid in referring the matter to arbitration or removal from a class wide proceeding.

[SIZE=2]In accordance with the foregoing provisions, any dispute, claim, controversy, or proceeding arising out of or relating to this agreement or the breach, termination, collection, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to Arbitrate, and any matter related to any prior or subsequent agreement or relationship between or involving us (or between you and one of our affiliated parties), shall be determined by binding arbitration. At the option of the party to initiate a dispute and file a request for arbitration, the arbitration shall be administered either by JAMS, the Resolution Experts ("JAMS") http://www.jamsadr.com/ ; or by the American Arbitration Association ("AAA") http://www.adr.org/ under its Supplementary Procedures for Resolution of Consumer-Related Disputes; pursuant to each organization’s applicable rules and procedures. Your arbitration fees may be waived by the arbitration administrator or paid by us in the event you cannot afford them. It a participatory hearing is scheduled or required, it will take place at a location convenient for you. Subsequent to the arbitration and the entry of an arbitration award, the award may be confirmed in any court of competent jurisdiction.

This arbitration provision shall be governed by the Federal Arbitration Act ("FAA") 9 U.S.C. §1
[FONT=Times New Roman,Times New Roman][SIZE=2]Et seq [/SIZE][/FONT]., or alternatively, if for any reason the FAA is determined by a court of competent jurisdiction not to apply to the transaction, then it shall be otherwise governed by the arbitration laws of the State of Delaware.
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We hope this response addresses your concerns regarding this matter.

Customer Relations Department Cash Direct Express Processing Center www.cashdirectexpress.com

I know they are just fooling around and using a lot of inapplicable legal terms/regulations to make me quit. No way, I will keep fighting for a refund.

The tricky thing about Cash Direct Exrpess--and obviously the point they are abusing about--was that I have rollovered the loan couple of times without fully paying in full. They are taking that as an excuse for sure. While I have no intention to back off, I would like to hear if there is a better arguement/persuasive language to force them to surrender (sort of) and offer me a refund.

Any suggestions? or should I just move on?[/SIZE][/SIZE][/SIZE]


They are registered in Delaware and that's why I think I have a chance to get a refund. I actually filed a complaint with BBB also, and in some sense they can be an arbitrator (even though I don't think they are really helpful). I don't want to back down but to be honest I rather not making the fight too ugly either....

So what are they trying to do? I know they can't bring me to court. Should I take their "Arbitration Agreement" seriously, or simply their scare tactic?


lrhall41

Submitted by asprs2002 on Thu, 10/04/2012 - 21:21

( Posts: 18 | Credits: )


they sent me just about the same BS email when i demanded a refund back in 2006-2007.places like this never change,and never will.


lrhall41

Submitted by paulmergel on Fri, 10/05/2012 - 06:17

( Posts: 15514 | Credits: )


my AG said it was paid in full from them.nothing more.


lrhall41

Submitted by paulmergel on Fri, 10/05/2012 - 11:22

( Posts: 15514 | Credits: )