MyPaydayLoan question

for one thing they can't legally report to scan as you never gave this illegal lender a check.secondly they are refering to CHEXSYTEMS in regards to the checking account.only banks can legaly report to chexsystems.respond this way.

dear stupid illegal pdl.nice try with the threats,but anything reported to SCAN can be easily disputed off as an ACH is not a check.you are an illegal offshore pdl that i owe 160.00 to.nothing more and am willing to pay that via money order to a plausible address.in the future don't throw around terms and threaten things you can't/won't do.again will pay the 160.00 legaly owed and with money orders.


respond that way.the email was an insult and they really can't any of what they threatened.

Thanks Paul :)

I'm not worried about it, as I had my credit union change my account #. Found it to be quite funny though, that they sent me that e-mail, another one stating that my payment was returned and that I now owed them X amount more, and also sent a hallmark ecard just to say that my balance was overdue. :p

I'll send them an e-mail back to their collections address basically telling them the same thing it old them before, and add in a few additional barbs :)

Quite interesting -- here's the response I received (about 10 minutes after sending the response e-mail stating they're illegal and i'll only pay back the principle):

In acknowledgment of the email we received, we would like to clarify the issues pertaining to the transaction you originated with Mypaydayloan.com.

First, we wish to remind you that all correspondence from Mypaydayloan.com is copyrighted, and you consented to such before applying for an advance.

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 property rights to the Submissions.

Any publication, posting, or dissemination of such information is in direct violation of this agreement and you will then be liable for copyright infringement, disclosure of confidential information, and breach of contract. Additionally, because it would be difficult, if not impossible, to determine the amount of damages to Mypaydayloan.com, you will be liable for liquidated damages in the amount of $25,000, per violation, for your publication, posting, or dissemination of information from or relating to Mypaydayloan.com. You agreed to this provision immediately after your email was validated, and before you proceeded with the application. Failure to remove any postings within two business days of receipt of this letter may result in a civil suit for liquidated damages.

Mypaydayloan.com is a Costa Rican corporation with servers, offices, employees, and all other important elements of the transaction located in Costa Rica. You engaged in an unsolicited transaction with Mypaydayloan.com, a Costa Rican company. Furthermore, in the contract you agreed that the transaction would be deemed to occur in our country, Costa Rica, and you agreed to be bound by Costa Rican Law.

Specifically, the contract you signed in order to receive an advance clearly 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.

Forum selection clauses, like the one above, are supported by U.S. case law. For example, see the opinion of the United States Supreme Court in M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, (1972). Likewise, U.S. courts have upheld the sovereignty of foreign entities engaging in unsolicited business in the United States. Crown Beverage Co., Inc. v. Cerveceria Moctezuma, S.A., 663 F.2d 886, 888 (9th Cir. 1981)
Furthermore, the controlling forum for a contract is determined by the ???lex loci contractus,??? which is the law of the place where a contract is made. A contract is deemed to be executed where the final act necessary to make it binding has been completed. In this instance, the transaction was not binding until reviewed and approved by Mypaydayloan.com, after they 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 the jurisdiction of Costa Rica, and that country???s laws are binding. See e.g., Mitsubishi Int'l Corp. v. Clark Pipe & Supply Co., Inc., 735 F.2d 160, 164 (5th Cir. 1984).
Lastly, any comment about specific interest rate caps based on the laws of your state simply do not apply, as the money transferred to you was an advance on a check, and not a loan. There are important differences that are a benefit to you and should be clarified.
First, in order for a transaction to be a loan, it must accrue interest. You were charged a flat fee per $100 dollars advanced. Because a fee is not interest, there is no accrual element to this transaction. When you defaulted you were not charged a percentage of the unpaid balance. You were charged a fee for defaulting, and you may have also been charged an NSF fee, if applicable, both of which you agreed to in the contract.

Secondly, if a transaction is a loan, it has a compounding element whereby any unpaid charges would be included in the interest calculation and added to the total amount owed. Instead, in your transaction with us, you agreed to be charged flat fees for overdue balances and other breaches of your contract. Those fees do not compound or increase as the unpaid balance goes up.

As such, the standard usury laws???or maximum allowed interest rates???do not apply to this transaction. 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 five days away or twenty, the fee is the same.

You are hereby advised to abide by the agreements in your contract with Mypaydayloan.com, and contact the collections department to make a payment arrangement. Failure to do so within two business days of receipt of this letter will result in your account being reported to appropriate credit agencies as in default of your obligations, and sent to an outside collection agency, which will subject you to additional fees and may prevent future credit transactions with other companies. Please govern yourself accordingly.

Sincerely,
Erika 888-269-2303 ext 65

they are illegal,and know it.respond this way.

since i am not a resident of costa rica,and unless you plan on extraditing me to costa my state laws prevail and there is nothing you can do about it really.so either take the 160.00 my way,or get zip,nada,bupkiss.in a word nothing.

respond that way as the "governing law"in the contract is meaningless and worthless.

Here's what I'm firing back off at them -- we'll see how cut and paste their response is, or whether they'll actually try to write up something original. :p

since i am not a resident of costa rica,and unless you plan on extraditing me to costa rica, my state laws prevail. These laws state that in order to lend in the state of Washington, you must be licensed in the state. You are not, and as such the loan you supplied to me is therefore illegal. In that regard, either take the remaining principle of 170.00 as I send it, which will only be USPS with a valid mailing address, or you will receive nothing.

Their response -- in which they completely ignore the fact that I said I would only send payments via USPS:

Your current balance is $283.00 and that is the amount you need to pay to get this account paid in full; I am willing to split it into two payments of $141.50 on 11/09/12 and 11/23/12. Please reply confirming you will send BOTH payments through Moneygram.

Thank you,

Erika.-

Ignore all the collections emails they will send you. I get 3 a day.

All of them written exactly like you have pasted.

They refuse to come off the balance and will keep requiring you pay what they say you owe, therefore, they are getting nothing from me, not even the principle. I asked several times for a US address to send a money order to for the principle and instead received a generic response saying I owe 715.00 on a 200.00 loan.

So if they don't want my money, fine. I just set their emails to go to spam.

Dear MyPaydayLoan,

We are done here. I am not wasting my time with this anymore. Your next email should include an address for where to mail my 160 dollars. If you do not include an address, then you can charge me off to collections, who I will cease and desist.

Best Regards,

Educated Consumer

Oh, that's rich. :) Just fired that off to them. We'll see if they come through with it or not. :p Thanks Waffles. :)

That's even more funny. Their response:

Your account is already in collections. Your total balance is $283.00 and it is due on 11/09/12; instead I am giving you the option to split it up into two payments.

I will schedule a $170.00 payment on 11/09 if you want but after that payment you will still have a pending balance.

Erika.-

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You really have to wonder when a company will not give you a physical address to send money order payments to. O.o Welcome to my spam folder. :p

Exactly what I told you.

They refuse to except any less than what they claim you owe.

Send them this:

You can continue to send me collections emails daily. I will NOT pay what you are asking. Since you do not want my money this is the last email I will send you. I have also added you to my spam filter, I will no longer see nor acknowledge any more of your emails.


The emails are NOT going to stop simply add them to your spam filter and you won't see them again.

I fired that off, and waited to see their reply before adding them to my spam list:

It is sad that you refuse to honor your obligation and pay back what you owe. We gave you the cash advance believing you were a truthful person and it is sad that even when we are trying to work with you you simply refuse to honor your debt because you did not read the contract before you sing it!

The only alternative method of payment you can use if Money gram. Again, I can schedule a $170.00 payment on 11/09/12 and it will bring your account current; otherwise you can make two payments of $141.50 on 11/09/12 and 11/23/12.-

Erika.-

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I find it funny that they're now so annoyed that they start misspelling their own e-mails back to me. :p

:hug:

Yea I got them real irritated because I kept getting the emails stating they were going to take out the full amount. So I kept replying back to that email stating they have been revoked and I dare them to take the money out.

Thats when I got an email that was really rude and A LOT of misspellings. Guess I rattled a cage?

I also got the one you got, with that one I replied.

"I trusted that you were a legal lender in my state lending legal funds. You are not a legal lender in my state and therefore your funds in my state are illegal. You can either take what I am offering and supply me a US address to send it to or you can take a long walk off a short pier."

With that I got another collections email, generic so I replied with what I told you. They refuse to give a 'physical' address and they refuse to take what I am offering so as far as I am concerned they are PIF.

If they send you to an actual collections company, not their internal collections. cease and desist them.