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Quik Payday Infamous Letter

Date: Mon, 05/15/2006 - 14:47

Submitted by oh2benc2
on Mon, 05/15/2006 - 14:47

Posts: 284 Credits: [Donate]

Total Replies: 14


Just to let everyone who has send me copies of their letters to the PDLs:

GREAT NEWS!! When I checked my mail tonight - there was a letter from Quik Payday!! Whoopee "We have removed you balance owing from our system" YES!! and I owed them suckers $600.00! I quickly called T&C and have them removed from my account. Onward we go - Now to get Payday OK.


Quote:


Your complaint was brought to my attention. The case that you are referring to World-Wide Volkswagen Corp. v Woodson, 444 US 297 is a personal injury lawsuit that raised the issue whether, consistently with the Due Process Clause of the Fourteenth Amendment, an Oklahoma court may exercise in personam jurisdiction over a nonresident automobile retailer and its wholesale distributor in a products-liability action, when the defendants' only connection with Oklahoma is the fact that an automobile sold in New York to New York residents became involved in an accident in Oklahoma.

Our lawyers have been following many of the cases involving inter-state commerce. We do not have any agents, locations or presence of any kind in any state other than Delaware. The disclosure on our web site states specifically: "If you do not want to enter into a consumer loan agreement subject to the laws of the State of Delaware, you should apply for a loan at a provider located in the state where you live." Obviously, we want our customers to be fully aware of the laws governing their contract.

Regardless of the legal context to which you are referring, it is evident that you are not happy with our service. In reviewing your account, you took a loan out on 3/25 and have made 3 actual payments and 1 interest only payment. You have a final scheduled payment of 137.97. You made contact with us on 3/30 via email asking for an extension before your first payment was received. Because the signed form was not received in time, we were not able to apply that change. You did request another interest only payment for 4/14, but this was also not applied even though you sent back the signed form on 4/11. Based on these events, I will consider your loan paid in full and credit the final amount due once I have confirmation that your payment on 5/12 has cleared. I apologize for the service that you received in your transactions with our company. We pride ourselves on providing a high level of customer service. This was not the case in your situation.
Sincerely,
Al Vaccaro
CEO
Magnum Cash Advance, Inc.

----- Original Message -----
From: Bambigal
To: sraczkowski(at)magnumcashadvance.com
Sent: Monday, May 15, 2006 1:05 AM


lrhall41

Submitted by bambigal on Mon, 05/15/2006 - 15:50

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haha..jerks. Report them to the FTC, BBB and the state AG's office for misrepresenting the accounts. If you wouldn't have fastened your belts, they would have made out money from you easily. I can give a thought for once if it is a clerical error but it adds up to my confirmation when they do it repeatedly.


lrhall41

Submitted by david on Mon, 05/15/2006 - 16:00

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World-wide VW had to do with domestication of a foreign judgment. So when they say that case applies to them, they're claiming that you can't sue them where you live and be able to domesticate the judgment in De. That case doesn't say that. There are other cases that say that operation of a passive website in one state will not subject the owners to liability in other states where such a website would be illegal, because the person viewing the site "went to" the state where that site's server is located, not the other way around.

But where there is an enticement to enter into a financial transaction, by way of an advertisement designed to get a person sucked into a business transaction, that transaction occurs in the state in which an offer is accepted and a contract results. And, although the website's "terms and conditions" that no consumer ever sees will say something to the effect that it's the consumer who's making the offer and it's not final until the company accepts, that's hogwash. They created the entire deal, all the consumer can do is accept or reject it. So the deal is consummated in the consumer's state. That's not a "passive" website. It's exactly the same as a transaction entered into via the mail, telegraphy, or telephony. Not new rules at all.

Finally, if the website caused an unsolicited popup ad to appear on the consumer's browser, there is no question of the consumer's having "gone to "the state in which the server is located, it came to the consumer's state.

All that having been said, I'll tell you I've litigated this issue six ways from Sunday, and judges are all over the place on it. Some of them hear "internet" and their eyes glaze over and they look for any excuse to dismiss the case. Others, e.g., in the U.S. District Court for the Eastern District of Va. (Moussaoui trial) are really sharp about that kind of stuff.

That kind of law is like the "Pirate's Code" - "It's sorta like, guidelines, ain't it."

But, whether you can domesticate a judgment against the Delaware company, it's a safe bet they can't domesticate a judgment against you, either, if you never entered Delaware in connection with the transaction and you don't live there.


lrhall41

Submitted by Virginia-Legal-Defense on Mon, 05/15/2006 - 19:30

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Virginia Legal Defense,

I've been told that the loan originates in the state of the consumer due to complaints that I have personally filed against some internet pdl's. I have this in writing from various attorney general's office so I totally agree with you. When they due business with the consumer, basically they are agreeing to follow the laws in the consumer's state.


lrhall41

Submitted by on Tue, 05/16/2006 - 03:04

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I have been trying with payday ok and they are so rude. I asked them if they were licensed in Washington to do loans, the said no as of 10/18/05. So then I responded back that the finance charges that I have been paying since them should have gone to pay off the loan. They responded back that I have to pay the finance fees until the loan is paid in full. Am I missing something? Can they still charge me finace charges as I pay this down. Also, when the payment is due, you have to wait I think it is five days to do another payment so that are actually collecting more finance fees.


lrhall41

Submitted by Rose41 on Tue, 05/16/2006 - 09:51

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True,VLD...
I've gone up and around and back on this with cashnet500 and argued heartily with these feinds. When I spoke to the investigator for Fl.Consumer Division he said there are really no laws written in stone to protect the consumer when it comes down to this issue. You'd think since the internet's been around for years that it would have come up sooner or later?
All you can do is continue to argue this until someone gives in.
Cashnet500 has also added some additional fees to my loan. If I paid it all, for a $400 loan, they would have charged me $1640 total...
I'm still fighting this and have filed complaints with the Utah AG and BBB there...
Someday, somewhere, something's gotta give and we need to set a precedent on this...
Just my thoughts


lrhall41

Submitted by erzeke1 on Tue, 05/16/2006 - 10:06

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In Virginia, and I suspect in most other states that regulate PDL's, there's a statute that says, in effect, "we don't care where you think you may be doing business, if you're lending money to someone in Virginia, you're liable." Suggest you check your own state laws on that.

As to the finance charges question, that's also a matter of state law. Chances are, if they're not licensed in Washington, and Washington requires licensure, then they're probably only entitled to get back the exact amount they loaned you originally.


lrhall41

Submitted by Virginia-Legal-Defense on Tue, 05/16/2006 - 10:36

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