Inform them that since they say you have agreed to Costa Rican laws, you wil remove Costa Rico from your vacation itenerary to avoid repercussions in thier country! Then offer to pay the principal amount due via prepaid debit card.
LOL PDLOwner!! :lol: On this one I have overpaid by about $31.25 on the principal...I think maybe thats why they sent me the nastiest version of their template letters...because they KNOW that I don't plan on giving them another red cent!
My goodness, this letter IS a classic, isn't it? :)
FYI Costa Rica is rated as the happiest country! They will arrest you with a smile!
LOL @ frogpatch...
They aren't really attracting the tourists with that one huh?
Just Imagine their tourist attraction commercial...Costa Rica, where we always arrest you with a SMILE!! :)
Just wondering, what does the closing of the letter mean, "please govern yourself accordingly?" Is that anything like being downloaded? ;)
Hmmm, if I were sent the same letter, after I stopped laughing, this would be in my response:
The Hogue-Kellog principle applies that a contract is deemed to be executed where the final act is done which is necessary to make it binding.
Nice try. First of all, G.L. Canning Co. was located in Virgina , i.e. IN THE UNITED STATES and Hogue-Kellog was located in Ventura, CA - again, IN THE UNITED STATES! Although I couldn't find the Hogue-Kellog case, Bellagio Insurance, Ltd. v. Digital Broadcast Corporation refers to it because DBC used this as a defense:[quote]Footnote 1: Bellagio is a British Virgin Islands corporation with its principal place of business in Nevada. DBC is a Delaware corporation with its principal place of business in New Jersey.[/quote] Since it's principal place of business is in THE UNITED STATES, it was not a proper defense in this case.
Tchacosh Company, Ltd v. Rockwell Int'l Corp. says:
Even though Tchacosh Company was in Iran, Rockwell Co. signed the agreements IN IRAN, **NOT** in the United States!
So, what's all this chatter about Costa Rica law?
Again, *if* you got the loan whilst visiting Costa Rica, then it is a whole different enchilada. If they operate a business within the Territory of the United States they MUST follow US Federal Law, or State laws if they are different or more comprehensive. If they don't like that, they need to stop operating within the Territories of the United States.
You engaged in a check advance agreement with us, not a loan
It is a LOAN, with the check offered as a SECURITY for that loan. Oops! Bzzzt. Try again. Thanks for playing.
Zippo Mfr. Co. v. Zippo Dot Com, Inc. is a bad case to bring up. Firstly, "[t]his is an Internet domain name dispute." (Para. 1) Secondly, BOTH OF THEM ARE U.S. COMPANIES. Oops! Bzzzt. Try again. Thanks for playing.
Hey, at least they are trying to sound intelligent! Two points! :D
Do I really need to continue? Skewer them!
ChrysHenderson, you are fantastic! As far their trying to sound intelligent, what is that old saying, "if you can't dazzle 'em with brilliance, baffle them with BS?"
lol. Indeed. It's another reason why we get rights to Appeal, because the attorneys can (and do) bedazzle the court (and especially juries) with rhetoric that is sometimes quite tortuous! (As in really torturing and stretching both the law itself, its applicability, and the circumstances under which the case falls.)
ChrysHenderson...you are a GENIUS!!!
I can't tell you how long I spent (after I stopped laughing) trying to research and gather info to use against this letter...THANK YOU THANK YOU!! I will definitely be sending a very intelligent and knowledgeable repsponse to them today...thanks to you! :wink:
I'm making this a sticky as soon as I can figure how to do it, it's been such a long time since I have I've forgotten how! :shock: :lol:
They (PDL) never cease to amaze us... :roll:
The formal validity of a contract is to be determined by the "lex loci celebrationis"
In regards to contract venue, you were required to consent to ???avail yourself to Costa Rican law???
So does this mean when you got the loan you also renounced your U.S. citizenship. What morons, I would rip them apart in a reply to this..LOL :lol:
LOL, I would definately tear them a new one--and after that, since you live in California, I would print out a copy of this email and send this to our friends at the Dept. of Corporations and Jerry Brown's (our Attorney General) office. I'm sure they would love to add these shysters to the list of PDL's banned in California!
What total morons....