Plain Green - Letter and Response

Hi all,

Been lurking for a couple of weeks since I realized I was in over my head. Just one illegal PDL (others are legal and allowed epp) stood between me and getting out of this once and for all. I sent this letter, modified from the great example on these forums, with some snippets of state law, and got a response within 6 hours. Basically, I went with their assertion that I was covered under their law when I never set foot on the reservation, but explained to them why that didn't really matter. Plain Green seems to cave to these pretty easy, but might be helpful for other lenders who are more reticent... They still want more per month than I am willing to give, but I'm going to respond and basically tell them to take or leave my offer...

Anyway, here it is......

My letter to Plain Green:
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May 8, 2013

Plain Green Loans
Attn: Customer Support
93 Mack Road, Suite 600
PO Box 270
Box Elder, MT 59521

Loan ID: XXXXXXXX
Customer Name: XXXXXXXXXXXX
Customer ID: XXX-XX-XXXX

To Whom It May Concern:

Effective immediately, I am notifying you that I REJECT ARBITRATION as provided in your contract.

It has come to my attention that ALL consumer lenders must be licensed by the State of California Department of Finance in order to offer loans to California residents. Since your company has no license in my state, the loan contract I have with you is not valid.

I am hereby revoking authorization for ACH withdrawals from any bank account opened in my name in the past, present, or future, and any wage assignment I may have signed. Furthermore, I am revoking any authorization for any remotely created check or “demand draft” created to draw funds from any bank account opened in my name in the past, present, or future. My checking account ending in XXXX has been closed. Any future attempts to collect funds in this manner will be blocked and will be reported to the relevant authorities as bank fraud/check fraud/forgery.

My bank and my employer have been provided copies of this notice.

Additionally, I am requesting that all further communication regarding this transaction be only via email or U.S. postal mail at the addresses in your records. In order to maintain an accurate record, I will not communicate with you via phone other than to request you put all communications in writing.

Although I am not required to do so, I am willing to repay the principal balance of this loan as a gesture of good faith.

To date, I have received a deposit of $1000 on April 22, 2013, and one ACH payment of $126.36 has been debited from my account. This leaves an outstanding principal balance of $873.64, which I am willing to pay ONLY via money order as follows:

· -10 equal monthly payments of $80 each on or before 5/31/13, 6/30/13, 7/31/13, 8/31/13, 9/30/13, 10/31/13, 11/30/13, 12/31/13, 1/31/14, 2/28/14, and 3/31/14.

· -1 final lump-sum payment of $73.64 on or before 4/30/14.

I am aware that your company is supposedly a tribal entity, and claim to be covered by tribal sovereignty. However, you should know that an attempt to collect any monies from me on this usurious contract, other than on my terms as outlined above, will be in vain. While you may prevail in obtaining a judgment against me in a tribal court, any such judgment would necessarily need to be recognized by the State of California before any bank or wage garnishment could be effected.

Because tribal court judgments are not afforded Full Faith and Credit under the U.S. Constitution, recognition of such judgments is afforded only under the laws of the State, via the legal principle of comity. California has codified the conditions under which such judgments will be recognized in the California Code of Regulations Title 11, Chapter 2 – otherwise known as the Uniform Foreign-Country Money Judgments Act (UFCMJA) [which explicitly applies to tribal judgments per §1714(b)].

I have spoken with the offices of California Attorney General Kamala Harris and San Diego County District Attorney Bonnie Dumais. They have both assured me that any petition for recognition of a tribal court judgment related to this contract would be rejected on the basis of §1716(c)(3) of the UFCMJA and this contract’s nonconformance to the California Finance Lenders Law.

At this time, I am requesting a return email acknowledging your acceptance of my terms.

Sincerely,
XXXXXXXXXXX
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Plain Green Response, less than 6 hours later:
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Please be advised that this communication is for the purpose of collecting a debt. Any information obtained may be used to collect the debt. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

Dear Xxxxxx,

Your correspondence has been directed to me for review and I thank you for the opportunity to assist you at this time.

We understand that all situations are different and would like to offer you the opportunity to pay the remaining principal on your current loan in the amount of $873.64. We are willing to settle your account for this amount, payable in eight (8) monthly installment(s) in the amount of $109.20 each, payable beginning May 31, 2013 and monthly thereafter.



To further clarity your questions regarding the legality of this loan, Plain Green is organized under the laws of the Chippewa-Cree Tribe of the Rocky Boy’s Indian Reservation of Montana (“Chippewa-Cree”). Plain Green is owned by the Chippewa-Cree, and operates exclusively on land owned by the Chippewa-Cree. As such, Plain Green stands as an “Arm of the Tribe,” in the view of the United States state and federal courts. Therefore, loans made by an arm of a sovereign Indian nation are not subject to state law. This is NOT a payday loan.

This letter is written to help you understand that Plain Green and its loan contracts are governed exclusively by the laws of the Chippewa-Cree.

Pursuant to your request, we have removed your contact numbers from our system and we will make no further ACH debits from your account.

Please reply if you would like to accept this settlement and set up payment arrangements.



Plain Green Loans

Plain Green Loans Account Services
accountservices@plaingreenloans.com
866-420-7158
877-848-8704 FAX
8 a.m. - 10 p.m. ET, Monday - Friday
9 a.m. - 5 p.m. ET, Saturday

Plain Green Loans
Account Services
93 Mack Road, Suite 600
PO Box 270
Box Elder, MT 59521