Help Please

damn girl...I dont know what to tell you. Thats alot of loans

welcome angelina,first we need to know two things

what state your in
how much have these places debited each total from your account.
answer these two questions and we can help you here.yes,itis a good idea to close your current account and open a new one.

All my storefront are current until next week. And the internet ones are current until next week also. 2 of them does the rolloevers one is $90 and the other is $100.
The others so far only debit what is owed them on the due date.

I forgot to add I live in Ohio

let me clarify,how many times did these ipdl's take that rollover fee.check you bank records.i'm guessing that these are not legal.if that's the case you only owe the principal.any money taken for fees or rollovers counts toward the loan.

the ones that do rollovers are
mypaydayloan.com which they have done 1 time and I have paid them $100 and I owe them $500 so if there illiegal I would only owe them $400 then?
The other one is
quickestcashadvance.com and I have done 2 rolloevers with them and paid so far $180 and I owe them $390 which if they are illiegal I would only owe them $210.
The rest are legal I believe and do not do rolloevers which I am going to pay them but in payments which I will have to work out with them. Right? Thanks Angela

you are absolutely right on the illegal pdl's.that is exactly what you owe.i would close your account and open a new one.go to the storefronts and ask for an EPP.that is extended payment plan.if they are CFSA members they must do this.see the manager.for the internet pdl's.the legal ones i would call or e-mail only after your account is taken care of.the illegal ones will fight you.take care of them after you get the storefronts and legal pdl's squared away.get your account closed and open a new one first.that will put you in control of your money again.

Hi I wanted to say Thanks so much for the great advice. I am in the process of closing my account. I have opened a new one at a different bank today.I have got documents ready to mail to all the internet pdl's and emails and I have all the info ready to call the storefronts one as well so I will see how it goes. What do I need to say to the illegal ones about how much I REALLY owe them? Thanks so much Angela

if they email respond with the fact that they are illegal in your state and this is what you owe.they will try to threaten you to get your bank info.know that there threats are hot air and nothing else.if they call hang up if they start threatening.i'm so glad you got your bank taken care of.that is the main step in getting yourself back on track.just know that they really can't do anything but call and e-mail.keep us posted and know we are here if you need anything else.

Hi Paul I just wanted to say thanks again so much for the advice and I will keep you posted on what happens... Angela

Got an email from mypaydayloan.com
they state I have to pay them the rollover which I do not understand I will paste the email, if you ca tell me if they are right or not? Thanks
Angela,


In acknowledgment to your statement regarding the laws of Ohio, we would like to clarify the issue pertaining to the transaction you originated with our organization.



In regards to contract venue, you were required to consent to ???????avail yourself to Costa Rican law??????? which you did willingly and unsolicited. Had you not agreed to that you would not have received the advance.

Specifically, the contract 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."

In addition, not only did you avail yourself to Costa Rican law and agreed to be governed by it, independent US case law also supports contract venue, even had you not agreed in advance to such venue, which you did. Jurisdiction over commercial activities had been proven to be based on a "sliding scale" determined by where the preponderance of activity has occurred. You are dealing with an unsolicited transaction to a Costa Rican company with servers, offices, employees, and all other important elements of the transaction taking place there, including contract venue rather than your state of Connecticut, where nothing has taken place. Please refer to the case of Zippo Manufacturing Company vs. Zippo dot com, Inc. 952F Supp 1119,1124 (W.D. Pa. 1997).

Furthermore, specific contract venue law even provides more clear-cut evidence pertaining to the controlling venue for a contract. The formal validity of a contract is to be determined by the "lex loci celebrationis" which is the law of the place where a contract is made. The Hogue-Kellog principle applies that a contract is deemed to be executed where the final act is done
which is necessary to make it binding. See Hogue-Kellog Co. Inc., v G.L. Webster Canning Co., Inc. 22 F3rd 384, 385 (4th Cir.1927). This transaction was not binding until reviewed and approved by MyPaydayLoan.com, once we 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 our
jurisdiction, Costa Rica, not yours.

Lastly, any comment about specific interest rate caps based on your state would not apply anyway since this was not a loan in the first place. You engaged in a check advance agreement with us, not a loan. There are important differences which are a benefit to you and should be clarified. You were charged a fee per $100 dollars advanced. Based on the fact that it is a fee and not interest there is no "accrue" element to this transaction. When you defaulted you were not charged more money based on the time the advance is still outstanding (beyond your initial late fee and NSF fee, if applicable). In addition, the second important function differentiating this transaction as a fee instead of interest is there is no compounding. Any unpaid fees under an interest scenario would have a compounding component where any unpaid charges would be included in the "interest" calculation and added to the unpaid balance for purposes of determining the total amount owed. This is an important difference since there is no compounding of "interest" on any unpaid balances with our transaction. As such, usury would not govern
this transaction since it is a fee. 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 5 days away or 20, the fee is the same. There was no interest charged and laws governing interest are not applicable.

Hopefully, instead of trying to change the rules that governed the transaction after you received your advance from us because it suits you, you will honor what you already agreed to pay whether you paid attention or not. You need to satisfy your obligation in full, in order to avoid further collection activities and penalties.




As we previously stated, we DO NOT accept payments in the form of money orders. We only accept MoneyGram payments and payments directly debited from your checking account. Please let us know how you would like us to proceed.




Sincerely,







Angela Smith

MyPaydayLoan.com

that email stated about being out of COSTA RICA.that means they have no leg to stand on in any regard.just so you know every illegal pdl this one especially are gonna say that.all of there fees are illegal and if you paid any they go towards the principle.do not let them tell you otherwise,because it's not true.

Any company that willingly does business in the United States, whether it is an Internet company or not, must comply with all United States laws, including the laws of your state. Their statement regarding interest rates is also incorrect; I believe every state that allows payday loans requires that the fee be presented to you as an apr, and then the state places a cap on the APR.

They are trying scare tactics on you. Stay strong! More than likely the next contact you get is going to threaten criminal action; thumb your nose at them and refuse to give them anything.

It's interesting to note, by the way, that according to the very case they cite, they are wrong:

"Under Virginia law, the state in which the parties ???????made??????? the contract governs questions of interpretation and validity, Lexie v. State Farm Mut. Auto. Ins. Co., 469 S.E.2d 61, 63 (Va. 1996), and the contract is ???????made??????? in ???????the state where the final act is done which is necessary to make it binding.??????? Hogue-Kellogg Co. v. G.L. Webster Canning Co., 22 F.2d 384, 385 (4th Cir. 1927).

Based upon the court????????s findings that Nerlinger signed both loan agreements in New York, the parties ???????made??????? the loan agreements in New York, and New York law governs their validity and interpretation."

As you can see, the court determined that the signing of the contract was the final act that made the contract binding. I'm certain that in this instance they probably did review the contract afterward for errors - but the moment you "signed" it, it became a binding agreement subject to the laws of your state and the only way they could have severed it would have been to have never issued the loan in the first place.

I also have several payday lenders which are not licensed in my state of California and they are telling me that I bound myself to their state's laws by signing the contract. I see on many posts that everyone says that the state that I live in prevails but do any of you have any legal cite for this statement? I'd like to use that in my follow-up letters to the various companies. Also, can they sue me in their state rather than in California where I reside?

Got another email this one from mte financial pertaining to
quickest cash advance.
which this one is illegal in ohio also?
MTE FINANCIAL SERVICES

FAX: 866-668-0535

Email: [email]compliancedepartment@mtefs.com[/email]

uuu

October 24, 2008

Angela Williams

54 Grove St.

New London, OH 44851

Email: [email]angela-williams@neo.rr.com[/email]

RE: Your Complaint

Ms. Williams,

We have received and reviewed your correspondence regarding your complaint with the company.


While the information that you have collected may apply to companies that have physical locations in your state, it is our opinion that it does not apply to our internet business model. This is based on sound advice from our legal department. In addition, the Legal Disclosures provided for customer reference at our website state the following:


"Regardless of where you may be viewing or accessing this site, you as the borrower are responsible for complying with any local statutory obligations that may exist in your state or area with respect to this transaction. The Federal laws governing this consumer loan agreement may differ from the laws of the state where you reside. If you do not want to enter into a consumer loan agreement with us under our terms, then you should apply for a loan at a provider located in the state where you live."


The information supplied in your complaint does not apply to your particular loan. It is strongly advised that consumers do not fall prey to the contributors of this type of information, as it is not always true, nor does it apply to every circumstance. Often, the information actually incriminates the consumer for not abiding by the laws of the state that they live in. Additionally, any contradiction to a consumer????????s signed loan agreement can actually put them in default. While it is appealing to a consumer to find what appears to be an "easy way out" of their debt, there is no such thing if the debt is substantiated by a legal, signed contract. Using information containing legal jargon that you have not actually researched in an attempt to threaten a company into writing off a balance that you know you owe can actually be harmful to you as a consumer.


The money was lent to you by our company in good faith with the understanding that you would abide by the terms detailed in your loan contract, just as we upheld our end of the agreement by crediting the funds to your account in a timely manner. The Loan Note and Disclosure that you e-signed and thereby agreed to is very detailed and clear so as not to cause any confusion to you, the borrower, and meets all the Truth-In-Lending and Reg Z requirements as prescribed by Federal statute. We have attached a copy for your review.


Pending resolution of your complaint, no further debits will be made from your account from this date forward.


Due to the fact that you are clearly in a situation that led you to use any information that you could obtain in an attempt to relinquish your debt with our company, and in the interest of good customer service, we have agreed to waive all finance charges currently due on your loan and settle for complete payment of the principal balance owed. It is our hope that this will ease some of your financial burden, as well as avoid further collection efforts that would inevitably ensue should you default on your loan agreement.


We will be prepared to provide you with the information necessary for repaying the $300.00 that remains due on your principal balance, after waiving your $90.00 finance fee and all collection fees that were assessed when your account became delinquent. Payment must be received by you in the form of a Cashier????????s Check or Money Order, as you have revoked our authorization to debit your account. We expect this offer will bring us to an amicable resolution.


Please acknowledge your understanding and acceptance of our proposal if you are in agreement with the offer detailed above, and advise which payment method you will use. Once your acknowledgement/agreement is received, we will provide you with the information needed to make the payment. Once we have received this payment, we will mark your account "Paid in Full."


If your response is not received within seven (7) days of the date of our offer, the offer will become null and void and collection efforts will resume.


Thank you for your time and consideration in this matter.

Respectfully,

Compliance Department





Also trying to talk to the storefronts and one has offered me the epp plan which I cannot afford right now though. I am trying to pay 9 at once. So with the everyday and monthly bills I cannot afford what they are proposing I pay.
Any advice on how I shall word it to them what I can afford? My phone is ringing off the hook today and I am a chicken to answer it....

Good news though I closed bank account few days ago and branch manager is personally watching this account and not letting anything through for us.

Hi this is AngelaLynn I registered with the site...

hey glad you registered.first MTE is als illegal as all get.they also will lie out there backsides.just keep doing what your doing.
they will eventually give in,but it isn't gonna be easy.when these
illegal pdl's had it so good for so long they will fight you.they haven't a leg to stand on.

Hi, I am glad to hear that, I am going to worry about my legal payday loans first then worry about them...
I am going to start Monday with trying to make arrangements with the storefront ones... wish me luck LOL...

your storefronts should be able to work out an arrangement.some might resist at first,but they will work with you.i wouldn't even give the illegals a thought until you clear everything else up first.

Spudsnmagic,

I have the same issue & I also live in CA.

After finding out that almost all the internet pdls i had takenout were illegal thanks to the help of this site i sent one of my illegal pdl companies (paradisecashadvance) an email stating that i knew they were illegal and owed them only the amount lended to me. I had made many phone calls and sent many emails to paradise cash advance and they only contacted me after i sent them an email stating that their loan to me was illegal and i will only pay them back what was borrowed. The response they sent to me also made me a bit worried since they made it seem like what i had discovered made no difference to the legality of the loan. I was unsure of what to tell them so i have not said anything in reply to them. =( this whole situation is kinda of scary & is stressing me out. i cannot wait til i get this taken care of.

Contact your states banking department and the attorney general office in regards to your payday loans/