Sent letters what now?
Date: Wed, 01/23/2013 - 10:17
Submitted by livingonedayatatime
on
Wed, 01/23/2013 - 10:17
Total Replies: 8
The lenders are Extra Funds, White Hills Cash, Sovereign Advance, and US Fast Cash. I have stopped payments on all the ACH withdrawls for the above companies and also sent email letters explaining that I became aware that online payday lending is illegal in PA and I will repay the principal amount borrowed only and only via money order. I requested to be contacted by email only and also asked for an address in which to send the money order.
White Hills Cash, states that they will not take a money order and if i do not use a prepaid debit card they will report me to Check Data Systems. Not sure what that is.
Any help and guidance is appreciated.
Thanks!
Kim
WHC is threatening to report me to Check Data Systems.
White Hills cash just sent me the below email and should i be concerned that they are threatening to report me to Check Data Systems??? What is that? Will that keep me from having to write checks when needed at the grocery store?
Also, how should I reply to the below email from WHC.
Please re read the response below. “As a sovereign enterprise, White Hills Cash is not subject to state regulation.” You may want to do research regarding sovereign enterprise. We will not accept the payment plan you outlined. The payment must be received in full by 2/15/13. As previously stated, we will continue our collection practices and may report you to check data systems. We do not want it to come to this. We are willing to work with you. You had no problem receiving the money in one payment, it’s only fair to pay it back in one payment. The address is listed in the previous response
Sent: Wednesday, January 23, 2013 4:06 PM
To: Kristi Dolan
Subject: RE: Important Notification- Please Respond
All payday loans are prohibited in Pennsylvania. I am willing to repay the principal balance. I am willing to pay $50/month until the balance of $355 is paid in full. Would you please provide an address where I can send the money orders.
Thanks!
We are in receipt of your email/ letter 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. As a courtesy to you, we will accept a onetime payment in the amount of $355.00(the amount you borrowed) to be received by the 15th of February. This will be considered a settlement and will be reported as one. If the payment is not received by February 15th 2013, we will add the fees back onto the account and further our collection practices. We hope this compromise is satisfactory. We appreciate your business.
Our address for payment is:
White Hills Cash
P.O. Box 330
Hayes, MT. 59527
Sent: Wednesday, January 23, 2013 1:03 PM
To: Amy Waith
Subject: RE: Important Notification- Please Respond
Date: January 23, 2013
White Hills Cash
This letter is to inform you that I am aware of the FACT that the loan you issued to me, is NOT legal or binding in my state.
It has come to my attention that payday loans are prohibited in my state. Therefore, the loan contract that I have with you, according to my state's laws, is not enforceable. The state of Pennsylvania requires Internet payday lenders to be licensed in MY state. I have already researched this information, your company does NOT have a license to lend in the state of Pennsylvania, if I am mistaken I will need proof in the form of a license number so that I may verify it with my Attorney General. I am bound by the state laws where I reside. As I have no presence in your state, therefore I have no legal obligation to the 'governing laws' you may have detailed.
I will only communicate to resolve this matter via email. You are to cease telephone contact immediately. If you ignore this notice and continue to contact me or any of my references via telephone, formal actions will be taken. I am willing to pay the principle amount of the loan only, however, no address or no agreement means NO payments, this is not negotiable.
I am still aware of the FACT that the loan you issued to me, is NOT legal or binding in my state. In the state of Pennsylvania, payday lending is not authorized. If you do NOT reply to this notice within 48 hours I will be forced to file complaints with the Pennsylvania Attorney General, the Better Business Bureau and the Federal Trade Commission.
I expect a response no later than Friday, January 25, 2013 or I will have no choice but to file the complaints. Please be aware that I have sent this correspondence via email and have kept a copy for my records in the event that formal action needs to be taken.
Regards
Pay what you want.
The are an illegal tribal lender and have not leg to stand on. The fact that they are willing to work with you and that they offer to accept a prepaid debit card means they have been down this road before. If they were a legitimate company they would not offer you a settlement. They are willing to accept the principal that means they know you are correct. Tell them that you can only pay $50 a month, nothing more. If that doesn't work for them, ask them to please send you the address where you can send you bankruptcy paperwork because you will be putting them in your filling, in which case they will get nothing. Play hard ball with them, don't let them push you around.
Do not waste your money on
Do not waste your money on prepaid debit cards. They cost you money to load each time. Pay by money orders only. You can get a money order for about 50 cents and a cost of the stamp. If they want the principal paid back, they will have to do it on YOUR terms, not theirs.
received this email
I just received a response from Extra Funds. I would only like to pay about $50 a month to clear this. Do you think I can respond that way? This is what they sent to me...
Attached is a copy of your loan documents stating all of our licensing and your agreement to all terms and conditions. Please review them carefully. Any time the validity of our agreement is called into question, we hold the right to call for the full balance immediately. However, I am willing to settle this account for the principal you borrowed of $300 and we can even split that into two payments, if needed. Please contact me asap with the dates you will be sending payment and by which method. We accept debit cards or prepaid debit cards, as well as ACH transactions. Please feel free to contact us at 877-670-8891 op. 5 if you have any questions or concerns.
--
Thanks so much,
Michelle Hyde
Collections Manager
Use a debit card.
Nothing wrong with using a prepaid debit card. Only put enough on there to cover the payment. I wouldn't pick and choose my battles, if they are willing to take only the principal as long as its on a debit card, then go for it. Make sure you bank account is closed and copies of those letters are given to your local branch manager. After that just wait. I just had my first withdrawal date yesterday after sending the letters to 5 lenders. 2 of them sent me a paid in full letter and the other 3 tried to withdrawal but BofA declined them. I am waiting for calls or emails. Also report them to your Attorney General and FTC.
You were right - Extra funds cash
I just received an email from Extra funds cash and they accepted the $50/month payment and provided a mailing address.
I sent the same initial email to White Hills Cash and this is what they said:
We are in receipt of your email/ letter 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. As a courtesy to you, we will accept a onetime payment in the amount of $355.00(the amount you borrowed) to be received by the 15th of February. This will be considered a settlement and will be reported as one. If the payment is not received by February 15th 2013, we will add the fees back onto the account and further our collection practices. We hope this compromise is satisfactory. We appreciate your business.
Our address for payment is:
White Hills Cash
P.O. Box 330
Hayes, MT. 59527
I just sent them the same $50/month payment email. we will see what they say....