logo

Debtconsolidationcare.com - the USA consumer forum

Help responding

Date: Thu, 12/15/2011 - 14:12

Submitted by ronp1958
on Thu, 12/15/2011 - 14:12

Posts: Credits: [Donate]

Total Replies: 1


I sent out my letters today and here is a reply from SureAdvance. Can someone advise how I should proceed? Thanks in advance.

[COLOR=#1f497d]I am responding to your e-mail sent to us at 7:00am this morning in hopes I can clarify the issues and concerns referenced.[/COLOR]

[COLOR=#1f497d]Sure Advance is a company in good standing in the State of Delaware and a fully-licensed Delaware short-term lender with a business license of 2009105717 issued in the State of Delaware. Sure Advance does not do business in Indiana, but did make a cash advance to you pursuant to your request made in Delaware via the Internet. Sure Advance has modeled our short term loan product to disclose all information available. This pertinent information was shared with you prior to the funding of your loan. A loan agreement was presented to you after the completion of your online application in November of 2011. On November 21, 2011, your electronic signature was presented to us indicating your consent of the provisions set forth in the loan agreement for which you applied which can be tied to your personal IP address of 69.136.7.211.[/COLOR]

[COLOR=#1f497d]Upon receipt of your electronic signature indicating your consent to the terms and conditions, Sure Advance funded you a short term loan in the amount of $600.00 on November 22, 2011. As part of the terms and conditions that you agreed to, you had the option to make payment in full or rollover your loan. [/COLOR]

[COLOR=#1f497d]As of today, there is still an outstanding balance on your loan in the amount of $759.00 which includes the principle amount borrowed and interest accrued. [/COLOR]

[COLOR=#1f497d]Upon receipt of the $759.00 your loan will be considered paid in full. I am willing to customize a payment option for you if you cannot pay the entire amount by your next payment date of December 30, 2011.[/COLOR]

[COLOR=#1f497d]I do hope this further clarifies any outstanding issues or concerns for you. If you have any additional questions, please contact me using the information below.[/COLOR]

[COLOR=#1f497d]Sincerely, [/COLOR]


[COLOR=#1f497d]Denise McGeever[/COLOR]
[COLOR=#1f497d]Director of Customer Relations[/COLOR]
[COLOR=#1f497d]Sure Advance, LLC[/COLOR]
[COLOR=#1f497d]750 Shipyard Drive[/COLOR]
[COLOR=#1f497d]Suite 213[/COLOR]
[COLOR=#1f497d]Wilmington, DE 19801[/COLOR]
[COLOR=#1f497d][FONT=Arial Narrow][EMAIL="DMcGeever@sureadvance.com"]DMcGeever@sureadvance.com[/EMAIL]

[/FONT][/COLOR][COLOR=black]12/15/11
Sure Advance
[/COLOR]
[COLOR=black]
This letter is to inform you that I am aware that the loan you issued to me, are not legal or binding in my state. The state of Indiana requires Internet payday lenders to be licensed in my state. I have already researched this information and your company does not have a license to lend in the state of Indiana. 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 or country, therefore I have no legal obligation to the 'governing laws' you may have detailed.
[/COLOR]
[COLOR=black]Be advised that as of 12/15/11, I am revoking any and all ACH authorizations with your company from debiting any and all of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I also revoke any and all wage assignments I may have signed, by you, including but not limited to; any of your affiliates, dba's, and collection agencies assigned to this account. None of the above no longer have my permission to access my accounts or impose a wage assignment.[/COLOR]
[COLOR=black]I also herby request in writing to refrain any phone contact at my place of work. My employer does not allow any type of personal matters to be handled via telephone. I hereby request that all communications pertaining to this debt or any other matter be sent via written contact, email or Postal Mail, as is my right under Federal and State statutes. Failure to disregard my request for written contact only, will abridge my civil rights. [/COLOR]
[COLOR=black]I have records documenting the loan, including bank statements; made by you since 11/22/11 that I have paid a total of $159.00 of which $600.00 is the principal that was paid to me and that I now owe you a total of $441.00 for the balance. I am requesting that an address be made available so that I can send the amount due.[/COLOR]
[COLOR=black]If you do not comply to this notice, I will be forced to file complaints with the Indiana State Attorney General, the Indiana Department of Financial Institution, the BBB and the Federal Trade Commission[/COLOR]
[COLOR=black]
Sincerely,
[/COLOR]

[COLOR=black]NOTICE TO UNLICENSED INDIANA LENDERS WHO ARE SOLICITING[/COLOR]
[COLOR=black]BUSINESS IN INDIANA[/COLOR]
[COLOR=black]Investigation by the Indiana Department of Financial Institutions (“Department”) has[/COLOR]
[COLOR=black]determined that your company is among several unlicensed entities making or offering[/COLOR]
[COLOR=black]consumer loans to residents of Indiana via the internet.[/COLOR]
[COLOR=black]Depending on the type of loan being offered, your company is in violation of IC 24-4.5-[/COLOR]
[COLOR=black]3-502 and/or IC 24-4.5-7-102. These statutes reference consumer loans, and/or Small[/COLOR]
[COLOR=black]Loans (commonly referred to as “Payday Loans”) and require a license issued by this[/COLOR]
[COLOR=black]office in order to make these consumer loans.[/COLOR]
[COLOR=black]During the recently concluded session of the Indiana General Assembly, there was a[/COLOR]
[COLOR=black]change to the statute governing the territorial application of the Indiana Uniform[/COLOR]
[COLOR=black]Consumer Credit Code, including the Indiana Small Loan Act. Effective July 1, 2007, IC[/COLOR]
[COLOR=black]24-4.5-1-201 requires internet lenders to be licensed, and to comply with Indiana law,[/COLOR]
[COLOR=black]when making loans to Indiana residents. Additionally, IC 24-4.5-1-201( reads “If a[/COLOR]
[COLOR=black]creditor has violated the provisions of this article that apply to the authority to make[/COLOR]
[COLOR=black]consumer loans (IC 24-4.5-3-502), the loan is void and the debtor is not obligated to pay[/COLOR]
[COLOR=black]either the principal or loan finance charge, as set forth in IC 24-4.5-5-202.”[/COLOR]
[COLOR=black]You are advised to Cease and Desist the offering of these types of loans to Indiana[/COLOR]
[COLOR=black]residents unless/until you have obtained the proper Indiana loan license. Consumers will[/COLOR]
[COLOR=black]be advised that these loans are not in compliance with Indiana Statutes and that these[/COLOR]
[COLOR=black]loans are considered null and void, and as a result, uncollectible. Additionally, the[/COLOR]
[COLOR=black]Department may seek injunctive relief under IC 24-4.5-6 in the event of continued noncompliance.[/COLOR]
[COLOR=black]All Financial Institutions operating within the state of Indiana will be advised that[/COLOR]
[COLOR=black]electronic payment and / or paper/check transactions connected with these illegal loans[/COLOR]
[COLOR=black]should be rejected if an entity is unlicensed. Consumers will also be advised on the[/COLOR]
[COLOR=black]procedure to stop electronic debits to their accounts using return codes.[/COLOR]
[COLOR=black]Questions concerning the acquisition of a loan license may be directed to this office.[/COLOR]
[COLOR=black]Information is also available via our website at www.in.gov/dfi[/COLOR]
[COLOR=black]Sincerely,[/COLOR]

[COLOR=black]Mark B. Tarpey[/COLOR]
[COLOR=black]Supervisor – Consumer Credit Division[/COLOR]

[COLOR=black]Indiana State Information for Licensed Lenders[/COLOR]


[COLOR=black]Citation:[/COLOR]
[COLOR=black]Ind. Code Ann. § 24-4.5-7-101 et seq.[/COLOR]

[COLOR=black]Loan Terms:[/COLOR]
[COLOR=black]Maximum Loan Amount: $500 (not to exceed 15% of borrower's monthly gross income)[/COLOR]
[COLOR=black]Loan Term: Min: 14 days[/COLOR]
[COLOR=black]Maximum Finance Rate and Fees: 15%: $0-$250; 13%: $251-$400; 10%: $401-$500[/COLOR]
[COLOR=black]Finance Charge for 14-day $100 loan: $15[/COLOR]
[COLOR=black]apr for 14-day $100 loan: 390%[/COLOR]

[COLOR=black]Debt Limits:[/COLOR]
[COLOR=black]Maximum Number of Outstanding Loans at One Time: One per lender; Two total[/COLOR]
[COLOR=black]Rollovers Permitted: None (cannot renew, repay, refinance or consolidate)[/COLOR]
[COLOR=black]Cooling-off Period: 7 days after 6 consecutive loans[/COLOR]
[COLOR=black]Repayment Plan: After 6 consecutive loans, lender must impose a 7 day cooling off period or convert to an installment loan payable in more than 4 installments at a rate no greater than 36% APR[/COLOR]

[COLOR=black]Collection Limits:[/COLOR]
[COLOR=black]Collection Fees: One $20 NSF fee; additional charges may apply when check or authorization to debit was used to defraud another[/COLOR]


[COLOR=black]Criminal Action: Prohibited[/COLOR]
http://www.in.gov/dfi/


that is total BS.they know they are illegal in INDIANA and are trying to see if you are stupid enough to believe them when they say your state laws don't prevail.they do and you only owe the 441.00.don't let this dillhole convince you otherwise.

respond that since you are not a resident of delaware.indiana law prevails,but nice try though.


lrhall41

Submitted by paulmergel on Thu, 12/15/2011 - 14:42

( Posts: 15514 | Credits: )