PDL Trouble in MT
Date: Thu, 06/13/2013 - 08:36
Also, I did go ahead and send letters to other lenders: I already heard back from 7DayLoans, who said they accepted my offer. Haven’t heard from any of the others.
Other PDLs: (all obtained online, and again I'm in MT)
Castle Payday
Amt 500
paid to date 387.50
balance 112.50
stated I'd pay balance in 2 installments
Sierra Lending
Amt 300
Paid to date 205.00
balance 95
stated I'd pay balance in 2 installments
Cash Jar
Amt 400
Paid to date 360
balance 40
stated I'd pay balance
7DayLoans
Amt 500
Paid to date 150
balance 350
said I'd pay remaining in 4 installments
Mobiloans
Amt 600
Paid to date 0
Said I’d pay remaining in installments
United Cash Loans
Amt 500
Paid to date 0
Said I’d pay remaining in installments
CashWebUSA
Amt 500
Paid to date 0
Said I’d pay remaining in installments
Will they contact my references or employer? Is there a way I can prevent this? They're illegal lenders so I'm wondering if they would even care or abide by a C&D order to not contact them?
If you are worried about your
If you are worried about your employer or references being contacted, tell them you were a victim of identity theft and your information has been compromised. Let them know that if they happen to receive any calls to hang up on the caller.
Already r'cvd a response
7dayloans already responded and agreed to my terms.
United Cash Loans hasn't responded but when I login it states next payment due 6/14/13 0.00, although it still has my balance as 650 instead of 500 I suppose at least it says next due 0.00
CashJar when I login it says please contact us regarding your account but gives no further information nor have they responded.
Castle Payday, Sierra Lending and Mobiloans haven't responded
This was CashWebUSA's response via email:
Dear Ms. Crimmins,
I have reviewed your email regarding your concerns about your loans with CashWebUSA. You cited the laws governing payday loans in your state of residence; however, if you refer to the contract you signed with CashWebUSA, you will notice you willingly chose to subject yourself to the laws of Costa Rica. More specifically, the contract states:
Governing Law: You have acknowledged that the key elements of acceptance of this Application by us, approval by our underwriters, disbursement of loan proceeds and repayment of principal and fees all occurred or will occur in Costa Rica, and you and we agree that any controversies that may arise hereunder shall be covered exclusively by the laws of Costa Rica.
CashWebUSA is licensed to operate in Costa Rica, and does not operate or advertise within the physical boundaries of your state. Further, CashWebUSA does not carry on any business, have any facilities, or employ staff anywhere in your state of residence, and your loan agreement makes it clear that Costa Rica law applies to the terms of our agreement. Additionally, the US Federal Courts are rejecting attempts by states to regulate conduct that occurs outside of their respective borders, including efforts to regulate activity based upon the operation of a website alone. For example, in Quik Payday, Inc v. Stork, 549 F.3d 1302 (10th Cir. 2008), the Tenth Circuit noted "merely maintaining a website accessible in [a State] that advertised payday loans is not solicitation in [such State]." Additionally, the US Court of Appeals for the Seventh Circuit in Midwest Title Loans, Inc. v Mills, 593 F.3d 660 (7th Cr. 2010) invalidated a state's attempt to apply it's laws to loans obtained by resident consumers from lenders operating in a different state. The court reasoned, "the Commerce Clause protects against inconsistent legislation arising from the projection of one state regulatory regime into the jurisdiction of another State." Thus, applying your state's laws and regulations to this transaction is not a valid position.
Despite this fact and in order to maintain customer satisfaction - our most important goal here at CashWebUSA.com - I had our Account Review team review your account with us as well as your email. The following is their response:
We have reviewed the request from the following customer regarding her account:
Helen Crimmins
Loan #001345003-00
Principal Due = $500.00
After examination of her account and taking into consideration her willingness to cooperate with us on this matter, we will agree to allow the settlement of her account for the proposed $500.00 Our primary reason for making this customer goodwill adjustment - and please convey this to Ms. Crimmins - is that we feel that taking a cooperative stance will show her that we value her as a customer of CashWebUSA.
Please let us know once Ms. Crimmins has received this information and has responded and accepted our offer to settle the account. Please have her provide us with the prepaid debit card number, expiration date, and 3-digit security code to process her payments.
Account Review Team
CashWebUSA.com
As explained in the response from my Account Review Team above, please email me back that you accept this settlement offer and provide me with debit card info and dates for payments. Thank you for your cooperation with us, have a great day, and I look forward to hearing from you soon.
Sincerely,
Fabian Alvarado
CashWebUSA.com