I had a loan with NH cash, then I learned from this site they were illegal. They have played a little hardball so far. Below are is my removal of ach rights letter and then they called me and then I sent a cease and desist letter. Then I received an email.
MY TWO LETTERS TO THEM
169 South River Road
Bedford , NH 03110
September 29, 2008
After doing research regarding Internet payday loan laws in the State of New York, I have found that your Internet payday loans are actually illegal. I have also found the following laws to be true applying to payday loans in the State of New York in general:
Payday loans are restricted in NYS Usery law. Since the payday loan lenders charge illegal interest rates, NYS has made a regulation which restricts the lenders from charging sky high interests. If the annual interest exceeds 25% in NYS, the lender will be in violation of the state law and fined based on the New York State Penal Code.
I hereby revoke any and all ACH authorizations with your company from debiting any of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I have closed my account to protect my interest in this matter. I also revoke any and all wage assignments I may or may not have signed with your company, I no longer authorize you, your company, or your affiliates to attach any part of my wages or contact my employer for your collection purposes. I have notified my employer about this matter so any attempts to do so on your part will be rejected.
I demand that any contact be made through US Postal mail or email only. I will need everything in writing to keep accurate records of all communication as per instruction from my Attorney General's Office.
I prohibit you or your affiliates to contact me via telephone at my place of employment or my home telephone number. I also prohibit you from calling my references listed on my loan.
Due to the fact that Internet payday loans are prohibited in the state of New York, your company should NOT issue loans to New York residents at all. I am requesting that you send me your license number which enables you to offer loans to New York residents.
The legal amount that could have been charged to my loan is the principal amount, even IF your Internet pay day loan were legal anywhere in the U.S. I am willing to pay the principle amount of the loan only; however, this is only if you provide me with a physical address where I can send my payments, and provide me with a letter in writing to include the following. On 9/18/08 $200 was deposited into my account. This leaves a balance of $200.00 on my account. Please provide me with a physical address where I can send my payment of $200.00 (via money order) and a letter stating my account to be paid in full once this payment is made.
I expect a response from your company no later than 5 days from the above date regarding this matter. This response may only come via US Postal mail or email. No telephone contact is permitted.
Better Business Bureau
New York Attorney General
Federal Trade Commission
Then NH Cash called me and talled me there were not a Payday loan company and that I need to call them immediately (they got my voicemail since I did not answer the phone). So I sent them a second letter.
I am writing in response to your phone call.
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location! THIS IS MY SECOND REQUEST.
In accordance with the federal fdcpa, now that you have received this "stop calling" letter, you may only contact me to inform me that you:
Ã¢â‚¬Â¢ are terminating further collection efforts;
Ã¢â‚¬Â¢ invoking specified remedies which are ordinarily invoked by you or your company; or
Ã¢â‚¬Â¢ intend to invoke a specified remedy.
Be advised that I am well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.
I do not understand where all this nonsense you are writing us with is coming from. You must have our company confused with some of the other companies from which you have borrowed. You would have done us both a favor had you simply returned my call.
Your account is current and due tomorrow - you have a balance due of $183.00. No one has ever made a collections call to you on behalf of nhcash.com, LLC anywhere, ever, at any time. It is not possible to cease and desist something not undertaken.
We don't issue payday loans, we don't have any outstanding or recurring ACH authorizations with you, you came to us in NH, we are licensed in multiple states and you EXPLICITLY agreed to answer your e-bill in the agreement you signed when we took money out of our bank account and put it in yours at your request.
I saw your email earlier today and called you to discuss the matter as it made zero sense. You promised to answer your ebill, you have not, that is where we are. Of course we will initiate the collections process should your account become delinquent. Right now we need you to answer your ebill as you promised. Please visit the link and issue your payment instructions ( I can assure you that you will never, ever hear from us again.
You have used our service three times. The staff had no problem dealing with you - in fact they gave you swift, courteous and discreet service. You had no problems using the service, and as a three time veteran you know the procedure and you know how our staff delivers good service. That you would send us correspondence like this is beyond the pale, and appears absurd in consideration of the fact that your account isn't even delinquent - yet. We subscribe to the same credo as your employer TXXXXXXX does, "If you make a commitment, deliver on it, whatever it takes". We assume that you will do the same. Please simply answer your ebill. Best,
Steven M. Mello
nhcash.com, LLC [/quote]
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