American Web Loan
Date: Tue, 06/26/2012 - 07:11
So, I sent out all of my letters last night and here is the response I received already from one of them.
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[FONT=Tahoma][SIZE=2][COLOR=#000000][FONT=Tahoma]
[FONT=Tahoma][SIZE=2][FONT=Arial][FONT=Tahoma][FONT=Tahoma][FONT=Tahoma][/FONT]
[FONT=Tahoma][FONT=tahoma]Thank you for contacting our customer service department, we have reviewed your account and find that there are a couple misunderstanding. First, you stated that our loan is illegal in your state, however you did not obtain this loan in your state, [COLOR=black]you got it over the internet, and on our agreement we fully and clearly disclose that we are part of the Indian Nation, and that your state laws do not apply, here is a section of your agreement.[/COLOR][COLOR=black][FONT=Times New Roman][/FONT][/COLOR][/FONT][/FONT]
[FONT=tahoma][COLOR=black][FONT=Times New Roman][/FONT][/COLOR]
[COLOR=black]This loan is made and entered into with you by American Web Loan, Inc., an arm of the tribe, wholly-owned and operating under the authority and laws of the Otoe-Missouria Tribe of Indians. This Agreement is subject solely to the laws and jurisdiction of the Otoe-Missouria Tribe of Indians. By entering into this Agreement, you acknowledge and consent to be bound by all the terms in this Agreement; you consent to the exclusive subject matter and personal jurisdiction of the tribal courts for all disputes arising from this Agreement;[/COLOR][COLOR=red]and you understand and agree that state laws or regulations do not apply to this Agreement, the interpretation of this Agreement or the enforcement of this Agreement.[/COLOR]
[COLOR=red][FONT=Tahoma][FONT=tahoma][/FONT][/FONT][/COLOR]
[COLOR=red][FONT=Tahoma]You have requested a refund for "overpayment" however, based on the terms you agreed to, you have an outstanding balance, so no refund is available. We are very interested in resolving your dispute, so I am prepared to offer a settlement on your loan. Currently you have a $700 dollar balance that has been assigned to our collection department, along with an additional $420 in returned fee payments. I will agree to accept $700, and forgive the returned fees, we can set up a plan to pay back the $700 over 60 days in 4 equal installments of $175.[/FONT][/COLOR]
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Let me know if you would like to accept this offer, and I will draw up the agreement for you to sign. Please keep in mind that until I have a signed agreement, we cannot set up any special arrangement.
[FONT=Times New Roman][/FONT]
[FONT=Times New Roman][/FONT][FONT=Times New Roman][/FONT]
[FONT=Tahoma][COLOR=black]Thank you,[/COLOR]
[COLOR=black][FONT=Tahoma]Carla.[/FONT][/COLOR]
[/FONT][/FONT][/FONT][/SIZE][/FONT]
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How do I respond to the portion that she bolded and highlighted about agreeing that my state laws do not apply?
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[FONT=Tahoma][SIZE=2][COLOR=#000000][FONT=Tahoma]
[FONT=Tahoma][SIZE=2][FONT=Arial][FONT=Tahoma][FONT=Tahoma][FONT=Tahoma][/FONT]
[FONT=Tahoma][FONT=tahoma]Thank you for contacting our customer service department, we have reviewed your account and find that there are a couple misunderstanding. First, you stated that our loan is illegal in your state, however you did not obtain this loan in your state, [COLOR=black]you got it over the internet, and on our agreement we fully and clearly disclose that we are part of the Indian Nation, and that your state laws do not apply, here is a section of your agreement.[/COLOR][COLOR=black][FONT=Times New Roman][/FONT][/COLOR][/FONT][/FONT]
[FONT=tahoma][COLOR=black][FONT=Times New Roman][/FONT][/COLOR]
[COLOR=black]This loan is made and entered into with you by American Web Loan, Inc., an arm of the tribe, wholly-owned and operating under the authority and laws of the Otoe-Missouria Tribe of Indians. This Agreement is subject solely to the laws and jurisdiction of the Otoe-Missouria Tribe of Indians. By entering into this Agreement, you acknowledge and consent to be bound by all the terms in this Agreement; you consent to the exclusive subject matter and personal jurisdiction of the tribal courts for all disputes arising from this Agreement;[/COLOR][COLOR=red]and you understand and agree that state laws or regulations do not apply to this Agreement, the interpretation of this Agreement or the enforcement of this Agreement.[/COLOR]
[COLOR=red][FONT=Tahoma][FONT=tahoma][/FONT][/FONT][/COLOR]
[COLOR=red][FONT=Tahoma]You have requested a refund for "overpayment" however, based on the terms you agreed to, you have an outstanding balance, so no refund is available. We are very interested in resolving your dispute, so I am prepared to offer a settlement on your loan. Currently you have a $700 dollar balance that has been assigned to our collection department, along with an additional $420 in returned fee payments. I will agree to accept $700, and forgive the returned fees, we can set up a plan to pay back the $700 over 60 days in 4 equal installments of $175.[/FONT][/COLOR]
[/FONT]
[/FONT]
Let me know if you would like to accept this offer, and I will draw up the agreement for you to sign. Please keep in mind that until I have a signed agreement, we cannot set up any special arrangement.
[FONT=Times New Roman][/FONT]
[FONT=Times New Roman][/FONT][FONT=Times New Roman][/FONT]
[FONT=Tahoma][COLOR=black]Thank you,[/COLOR]
[COLOR=black][FONT=Tahoma]Carla.[/FONT][/COLOR]
[/FONT][/FONT][/FONT][/SIZE][/FONT]
[/FONT][/COLOR]
[/SIZE][/FONT]
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How do I respond to the portion that she bolded and highlighted about agreeing that my state laws do not apply?
They are simply trying to confuse you. Dear Stupid PDL Save y
They are simply trying to confuse you.
Dear Stupid PDL
Save you garbage for another unfortunate customer. I have educated myself on the laws of payday lending and you know as well as I do now that you do not hold a license in my state and thus the contract I signed is now null and void. I owe you principal only and you owe me a refund. I will be forwarding a copy of your intentionally confusing email to both my state AG's office and the FTC.
my goodness
there is a reason i love me some soaplady.i would have posted the exact same response,maybe with a few words changed.tribal lenders are evil to the core and lie through their wooden teeth.stand your ground here.
