Help with AZ laws

Please, register with the forums. You are sending them C&D letters or are you sending them letters to revoke your ACH authorization and cancel any wage assignments you may have signed.. 2 different things. follow the link below on how to deal with in my signature line.. The only thing that matters is that PDL's are illegal and banned in AZ.. All of them WS and PG are tribal and Magnum and National are offshore.. How much originally borrowed from them and how much repaid to date?

Both Western Sky and Plain Green are illegal lenders. You owe them nothing more than the principal balance. In this case it would be better for you to close down your old bank account and open a new one to stop debiting money from your account.

Thanks so much for getting back to me. I have registered :)

Here is a copy of what I sent to White Hills:
September 3, 2013

I am writing in reference to White Hills Cash email address xxxxxxx. This letter will serve as a CEASE and DESIST notification, as I demand that any contact be made via EMAIL only. I will need everything in writing to keep accurate records of all communication in this manner per instructions provided from my attorney.

This letter prohibits White Hills Cash and its affiliates to contact me via telephone at my place of employment or anyone within the offices; or any other numbers you have attained. I also prohibit you from calling my references/or family listed on my loan.

The original creditor is located on an Indian reservation making the contract null and void.
It is irrelevant that you are governed by the laws of the Fort Belknap Tribe of Montana. You are located in Montana and are a tribal lender, therefore it is illegal for you to lend to residents in Arizona. The loan agreement may be valid under the laws of the Fort Belknap Tribe of Montana, but it is not valid under the laws of Arizona where I reside. My address was listed on the loan application when I applied, so White Hills Cash is well aware of where I live and knew it was illegal to lend to me in the first place. By law I am responsible to pay the balance of $425.00. According to my payment history record, I have paid a total of $1295.00 on the account. I have overpaid the account and am due a refund in the amount of $870.00. 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 $870.00 overpayment mailed to me at the address you have on file.

I hereby revoke any and all ACH debit 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 of America to protect my interest in this matter, per instructions from the FDCPA. 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 one part of my wages or contact my employer for your collection purposes. I have notified my employer about this matter so somewhat attempts to do in like manner on your part will be rejected.

Here is their response:
We are in receipt of your email regarding your account and have reviewed your concerns carefully in an attempt to resolve this matter. As clearly indicated in its website disclaimers and the loan documents executed by you, White Hills Cash is a tribal limited liability company established by and for the Ft. Belknap Indian Community pursuant to tribal law. Both our website and your loan documents explain this fact clearly. As a sovereign enterprise, White Hills Cash is not subject to state regulation.



By signing your Loan Agreement, you agreed to the application of Ft. Belknap Indian Community law. You agreed to comply with all of the terms and conditions of the Loan Agreement upon execution. White Hills Cash relied upon your representations in good faith and approved your loan based upon such representations. White Hills Cash always strives for excellent customer service and we are willing to work with you to achieve resolution of your concerns.



You have revoked our right to ACH your account, as is your right to do so, and at this time we will immediately cease all withdrawals. However, the terms of your contract will stand and we will not be refunding any payments to you. We hope this compromise satisfactory. We appreciate your business.



Thank You

Customer Service

1-800-986-1962

I sent a similar response just took out the tribal info and here is their response:

Our call center is in receipt of your website contact form and it was forwarded to the lender. This response is offered on behalf of the lender, International Cash Advance, Inc. (ICA). ICA, doing business as Magnum Cash Advance, is a British Virgin Islands (BVI) corporation. No solicitation or advertisement was offered in Arizona by ICA. Customers must seek out ICA on the internet and apply on "their" web site. The choice of law governing your loan, The BVI, was clearly displayed on the web site and in the loan agreement you executed.

The contract that you signed electronically states, “All applications, transactions, and credit decisions will be deemed to have taken place in BVI, regardless of where you may be viewing or accessing this site. Borrower is responsible for complying with any local statutory obligations that may exist in their state or area with respect to any transactions with ICA dba Magnum Cash Advance. If we approve your application, the disbursement of funds will be in compliance with ICA policy and headquarters in the BVI. Our transactions are governed by laws of the BVI. The laws of the British Virgin Islands governing consumer loan agreements may differ from the laws of Arizona. If you do not want to enter into a consumer loan agreement subject to the laws of the BVI, you should apply for a loan at a provider located in Arizona. All aspects and transactions on this site will be deemed to have taken place at our location in the BVI. This transaction shall be governed in accordance with the laws of the BVI without regard to its conflicts of law principles, regardless of the order in which the parties agree. The Agreement shall be deemed executed at our location in the BVI as designated herein. Your acceptance of our service confirms your prior acceptance of this Agreement and to jurisdiction located within the BVI."

Regardless, the lender has no desire expending effort servicing a customer who does not appreciate the value of their installment loan and revolving line of credit products that are designed to meet a cash flow crisis on a moment's notice. The Director of Operations for ICA has agreed to consider your loan from July 19, 2013 as paid in full. No further contact will be attempted and your account is now closed. Your request for a refund was not approved since all terms were disclosed on the first loan and any subsequent loans.

Sincerely,

Magnum Cash Advance
Customer Service Department

Great news on Magnum - print that and keep in a safe place.. White Hills Cash will eventually cave.. just stand you ground with them. Plain Green should be easy - how much borrowed and how much repaid? Western Sky/ Cash Call - well they will be easy to get to honor the ACH revoke, but will take for ever to get to go away.. lots going on with them.. how much borrowed there and repaid? If you need anything else let me know, obviously I am also here in AZ.. do you only have these online or do you also have any store front loans still? May be able to advise on some of them?

I don't have any storefront ones-thank goodness. I have PDY Services for $300 and have paid them $654. I'm still waiting for a response from them-I sent another one today. I have discount advances for $840 (this was their installment loan plan-it would still be illegal-correct?)and still owe $272.92. I requested a payment plan to pay it and haven't heard anything from them. Western Sky-I recently took it out on 5/1 for $2600 and only have repaid $877.50.

I also sent email as I live in GA has anyone had any luck with White Hills Cash. I sent another email that I got off of this site regarding illegal lenders and they haven't responded yet. I am just wondering what happens next? I have stopped ACH and will close my account if push comes to shove. Need some advise for GA resident.