How do I answer this email?
Date: Thu, 01/05/2012 - 16:29
I received the following email after telling this PDL that I do not live in Delaware, so Florida Law prevails. How do I answer this back?
Email:
FROM: Cash Direct Express
We are in receipt of your complaint email dated December 30, 2011, regarding your dissatisfaction with our response to your complaint.
In regard to your above dispute, the note is a legally binding contract and was executed in the State of Delaware. If you are requesting additional resolution of this matter, as defined within your loan agreement, you have the right to arbitrate all disputes utilizing a 3rd party arbitrator. For your convenience we have included the “Agreement to Arbitrate†section of your loan agreement.
AGREEMENT TO ARBITRATE ALL DISPUTES: Arbitration is a process to resolve disputes between parties utilizing a neutral third person (an “arbitrator.â€) An arbitration proceeding is generally more private and less formal than utilizing the court system and its procedures to resolve disputes. An arbitrator, in similar fashion to a judge or jury, renders a final a decision resolving a dispute, which may later be enforced as a court judgment. This agreement requires that you agree to arbitrate any disputes with us unless you specifically opt-out in accordance with the opt-out provisions contained in this agreement. In lieu of arbitration, you and we are also still allowed to bring a proceeding in small claims court to resolve a dispute between us. The proper venue for any small claims court proceeding shall be in New Castle County, Delaware, unless otherwise precluded by applicable law. Neither party shall be prevented from using a court of competent jurisdiction to seek provisional remedies, including but not limited to, aid in referring the matter to arbitration or removal from a class wide proceeding.
In accordance with the foregoing provisions, any dispute, claim, controversy, or proceeding arising out of or relating to this agreement or the breach, termination, collection, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to Arbitrate, and any matter related to any prior or subsequent agreement or relationship between or involving us (or between you and one of our affiliated parties), shall be determined by binding arbitration. At the option of the party to initiate a dispute and file a request for arbitration, the arbitration shall be administered either by JAMS, the Resolution Experts (“JAMSâ€) http://www.jamsadr.com/ ; or by the American Arbitration Association (“AAAâ€) http://www.adr.org/ under its Supplementary Procedures for Resolution of Consumer-Related Disputes; pursuant to each organization’s applicable rules and procedures. Your arbitration fees may be waived by the arbitration administrator or paid by us in the event you cannot afford them. It a participatory hearing is scheduled or required, it will take place at a location convenient for you. Subsequent to the arbitration and the entry of an arbitration award, the award may be confirmed in any court of competent jurisdiction.
This arbitration provision shall be governed by the Federal Arbitration Act (“FAAâ€) 9 U.S.C. §1 Et seq ., or alternatively, if for any reason the FAA is determined by a court of competent jurisdiction not to apply to the transaction, then it shall be otherwise governed by the arbitration laws of the State of Delaware.
As a result of your dissatisfaction, we have made adjustments to ensure that no further loans will be issued to you from GECC.
Thank you,
Customer Relations Department
Cash Direct Express Processing Center
www.cashdirectexpress.com
Any suggestions?
Email:
FROM: Cash Direct Express
We are in receipt of your complaint email dated December 30, 2011, regarding your dissatisfaction with our response to your complaint.
In regard to your above dispute, the note is a legally binding contract and was executed in the State of Delaware. If you are requesting additional resolution of this matter, as defined within your loan agreement, you have the right to arbitrate all disputes utilizing a 3rd party arbitrator. For your convenience we have included the “Agreement to Arbitrate†section of your loan agreement.
AGREEMENT TO ARBITRATE ALL DISPUTES: Arbitration is a process to resolve disputes between parties utilizing a neutral third person (an “arbitrator.â€) An arbitration proceeding is generally more private and less formal than utilizing the court system and its procedures to resolve disputes. An arbitrator, in similar fashion to a judge or jury, renders a final a decision resolving a dispute, which may later be enforced as a court judgment. This agreement requires that you agree to arbitrate any disputes with us unless you specifically opt-out in accordance with the opt-out provisions contained in this agreement. In lieu of arbitration, you and we are also still allowed to bring a proceeding in small claims court to resolve a dispute between us. The proper venue for any small claims court proceeding shall be in New Castle County, Delaware, unless otherwise precluded by applicable law. Neither party shall be prevented from using a court of competent jurisdiction to seek provisional remedies, including but not limited to, aid in referring the matter to arbitration or removal from a class wide proceeding.
In accordance with the foregoing provisions, any dispute, claim, controversy, or proceeding arising out of or relating to this agreement or the breach, termination, collection, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to Arbitrate, and any matter related to any prior or subsequent agreement or relationship between or involving us (or between you and one of our affiliated parties), shall be determined by binding arbitration. At the option of the party to initiate a dispute and file a request for arbitration, the arbitration shall be administered either by JAMS, the Resolution Experts (“JAMSâ€) http://www.jamsadr.com/ ; or by the American Arbitration Association (“AAAâ€) http://www.adr.org/ under its Supplementary Procedures for Resolution of Consumer-Related Disputes; pursuant to each organization’s applicable rules and procedures. Your arbitration fees may be waived by the arbitration administrator or paid by us in the event you cannot afford them. It a participatory hearing is scheduled or required, it will take place at a location convenient for you. Subsequent to the arbitration and the entry of an arbitration award, the award may be confirmed in any court of competent jurisdiction.
This arbitration provision shall be governed by the Federal Arbitration Act (“FAAâ€) 9 U.S.C. §1 Et seq ., or alternatively, if for any reason the FAA is determined by a court of competent jurisdiction not to apply to the transaction, then it shall be otherwise governed by the arbitration laws of the State of Delaware.
As a result of your dissatisfaction, we have made adjustments to ensure that no further loans will be issued to you from GECC.
Thank you,
Customer Relations Department
Cash Direct Express Processing Center
www.cashdirectexpress.com
Any suggestions?
again
respond like this.
since your idiotic contract is not legal in MY STATE!which is all that matters.any clauses,provisions,or headings are also illegal,and non-binding in MY STATE!give it a rest and know my position hasn't changed.nor will it change.
that is how you respond to that.
My, my, my, don't all of those legal-sounding terms look GOOD on
My, my, my, don't all of those legal-sounding terms look GOOD on paper? And not worth anything at all, regardless of what they tell you. My answer to them would be "pbbbbth!!"