Letters from NHCash - Should I be alarmed?
Date: Wed, 10/01/2008 - 14:09
These are the three letters that I received so far via email.
Please take note of the last one. Should I be scared?
My response to her last letter is in blue.
_____________________
[quote]Zena:
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 *** 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
President
nhcash.com, LLC
___________________________________
Zena:
We don't wreck bank accounts, we don't make payday loans, we don't stack charges, we aren't anything like any other companies you may have dealt with. In the agreement you signed you promised that you would answer your e-bill. That is all we are asking you to do. Execute the form with payment instructions and our communication is over - forever should you so wish. We don't have any ongoing payment authorizations from you, blank checks, signed checks or otherwise.
Yesterday I responded to your note that obviously had nothing to do with us and Taylor called you to today to remind you to answer your e-bill. There is no reason for you to send us $200 - you owe us only $183. After we receive payment we will issue a paid in full notice and your account will be closed.
We aren't about to start a World War over $183 dollars, we aren't going to break any laws, etc. Why is this so complicated ? You signed the portion of the agreement that says you came to NH or UT - you signed it. You checked the box THREE times indicating it was a NH contract. We have no idea on God's earth where you were when u applied for three different loans and received three different loans. We do know that you agreed that it was the same as if you came to our NH office but that YOU were using the internet for YOUR convenience. Why in the world are you asking me to sign something when we already have an agreement between us that is due today? I'm not signing anything that negotiates your debt upward as enclosed here.
Steve Mello
PS - Tell us you are having issues, send an email or something within the realm of reason. You send emails all full of legalise, citing statutes, asserting rights etc. on a loan that we issued you, that isn't even past due, where no collection effort has ever even been made. Where does this come from ? How could we have angered you so much ? What did we do ?
_______________________________________
Zena,
Steve Mello did everything he could to help you resolve this issue however now that we have received your payments back from your bank as not authorized you have escalated this from a civil matter to a criminal one. Your total balance due is $302.00 and payment is expected in full. There will be no settlement offered in regards to this balance.
I spoke with your bank today and they are aware that you have fraudulently signed an affidavit stating that you did not authorize the payments posted to your account. I have provided Ms. Roebuck , who is in charge of the investigation into your account, with your electronically signed documents showing that you authorized ach payments. It is my understanding from my conversations today this matter has become a criminal one. I cannot help you with your legal troubles concerning your bank and how they wish to proceed however you can avoid any criminal proceedings brought on by our company by forwarding your payment in full to our office no later than October 8, 2008.
I look forward to receipt of your payment and wish you the best of luck with your legal troubles.
Sincerely,
Mrs. Rines
Nhcash.com
______________________________
[color=Blue]
TO:
nhcash.com, LLC
169 South River Road
Suite 19
Bedford , NH 03110
603-232-9053
[email]loans@nhcash.com[/email]
Ms. Rines,
Please be advised that I will not be intimidated or strong armed by your company. I revoked your ACH rights in writing, which I am in my full rights to do and to ensure my interests I alerted my bank of this and they are in full cooperation with me. I have attempted to resolve this matter numerous times and NH cash has not agreed to a balance owed and state clearly what will mark this account paid in full. According to your company yesterday my balance was $183.00, today my balance is $302.00. You only deposited $200 dollars and I am willing to pay this, as I have stated repeatedly to all three of you that make up NHcash. It is obvious to me that your company is fraudulent and my bank has been made full aware of this, as well as my employer.
Your company apr rates range from 382.38% to 1,147.14%. These rates are illegal in NY, since they are so ludicrously high, and are quite similar to those of payday loan companies (which are also illegal in NY).
I have also found the following laws to be true applying to small loans in the State of New York in general:
Citation:
Licensed lender law applies but interest rate is that agreed to by contract. N.Y. Banking Law § 340 et seq. A check casher licensee cannot make loans nor cash or advance any moneys on a post dated check unless it is a payroll check. N.Y. Banking Law § 373. Criminal law sets the usury cap at 25%. N.Y. Penal Code § 190.40.
Small Loan Rate Cap
25% per year
After finding out that your internet loans are illegal, your company should actually not issue loans to New York residents at all. You are required to be licensed in New York to lend to New York residents.
Please also be advised that I am considering having my attorney sue your company in small claims court. You are hereby notified that this debt is not legal, not legally binding, void, and uncollectible, as you are not licensed to lend in New York State. But still I am willing to pay your company only what was deposited.
I am ready to take any legal steps that are deemed necessary and appropriate, if forced to. Please take into consideration that I will make no more attempts to clear this matter up without involving the New York State Attorney Generals office, as I have no choice but to conclude you are not willing to clear up this matter willingly. I regret having to take this action but feel that your illegal loan sharking has left me no alternative. Please note that I will take whatever steps are legally available to me in order to protect my interests. Your prompt response will only benefit you. This is my last attempt to help your company to resolve this before it is handled by a judge.
I also wish you luck in your legal troubles and suggest you brush up on your law before you threaten me again.
Sincerely,
/s/[/color][/quote]
Please take note of the last one. Should I be scared?
My response to her last letter is in blue.
_____________________
[quote]Zena:
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 *** 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
President
nhcash.com, LLC
___________________________________
Zena:
We don't wreck bank accounts, we don't make payday loans, we don't stack charges, we aren't anything like any other companies you may have dealt with. In the agreement you signed you promised that you would answer your e-bill. That is all we are asking you to do. Execute the form with payment instructions and our communication is over - forever should you so wish. We don't have any ongoing payment authorizations from you, blank checks, signed checks or otherwise.
Yesterday I responded to your note that obviously had nothing to do with us and Taylor called you to today to remind you to answer your e-bill. There is no reason for you to send us $200 - you owe us only $183. After we receive payment we will issue a paid in full notice and your account will be closed.
We aren't about to start a World War over $183 dollars, we aren't going to break any laws, etc. Why is this so complicated ? You signed the portion of the agreement that says you came to NH or UT - you signed it. You checked the box THREE times indicating it was a NH contract. We have no idea on God's earth where you were when u applied for three different loans and received three different loans. We do know that you agreed that it was the same as if you came to our NH office but that YOU were using the internet for YOUR convenience. Why in the world are you asking me to sign something when we already have an agreement between us that is due today? I'm not signing anything that negotiates your debt upward as enclosed here.
Steve Mello
PS - Tell us you are having issues, send an email or something within the realm of reason. You send emails all full of legalise, citing statutes, asserting rights etc. on a loan that we issued you, that isn't even past due, where no collection effort has ever even been made. Where does this come from ? How could we have angered you so much ? What did we do ?
_______________________________________
Zena,
Steve Mello did everything he could to help you resolve this issue however now that we have received your payments back from your bank as not authorized you have escalated this from a civil matter to a criminal one. Your total balance due is $302.00 and payment is expected in full. There will be no settlement offered in regards to this balance.
I spoke with your bank today and they are aware that you have fraudulently signed an affidavit stating that you did not authorize the payments posted to your account. I have provided Ms. Roebuck , who is in charge of the investigation into your account, with your electronically signed documents showing that you authorized ach payments. It is my understanding from my conversations today this matter has become a criminal one. I cannot help you with your legal troubles concerning your bank and how they wish to proceed however you can avoid any criminal proceedings brought on by our company by forwarding your payment in full to our office no later than October 8, 2008.
I look forward to receipt of your payment and wish you the best of luck with your legal troubles.
Sincerely,
Mrs. Rines
Nhcash.com
______________________________
[color=Blue]
TO:
nhcash.com, LLC
169 South River Road
Suite 19
Bedford , NH 03110
603-232-9053
[email]loans@nhcash.com[/email]
Ms. Rines,
Please be advised that I will not be intimidated or strong armed by your company. I revoked your ACH rights in writing, which I am in my full rights to do and to ensure my interests I alerted my bank of this and they are in full cooperation with me. I have attempted to resolve this matter numerous times and NH cash has not agreed to a balance owed and state clearly what will mark this account paid in full. According to your company yesterday my balance was $183.00, today my balance is $302.00. You only deposited $200 dollars and I am willing to pay this, as I have stated repeatedly to all three of you that make up NHcash. It is obvious to me that your company is fraudulent and my bank has been made full aware of this, as well as my employer.
Your company apr rates range from 382.38% to 1,147.14%. These rates are illegal in NY, since they are so ludicrously high, and are quite similar to those of payday loan companies (which are also illegal in NY).
I have also found the following laws to be true applying to small loans in the State of New York in general:
Citation:
Licensed lender law applies but interest rate is that agreed to by contract. N.Y. Banking Law § 340 et seq. A check casher licensee cannot make loans nor cash or advance any moneys on a post dated check unless it is a payroll check. N.Y. Banking Law § 373. Criminal law sets the usury cap at 25%. N.Y. Penal Code § 190.40.
Small Loan Rate Cap
25% per year
After finding out that your internet loans are illegal, your company should actually not issue loans to New York residents at all. You are required to be licensed in New York to lend to New York residents.
Please also be advised that I am considering having my attorney sue your company in small claims court. You are hereby notified that this debt is not legal, not legally binding, void, and uncollectible, as you are not licensed to lend in New York State. But still I am willing to pay your company only what was deposited.
I am ready to take any legal steps that are deemed necessary and appropriate, if forced to. Please take into consideration that I will make no more attempts to clear this matter up without involving the New York State Attorney Generals office, as I have no choice but to conclude you are not willing to clear up this matter willingly. I regret having to take this action but feel that your illegal loan sharking has left me no alternative. Please note that I will take whatever steps are legally available to me in order to protect my interests. Your prompt response will only benefit you. This is my last attempt to help your company to resolve this before it is handled by a judge.
I also wish you luck in your legal troubles and suggest you brush up on your law before you threaten me again.
Sincerely,
/s/[/color][/quote]
reply
since you are in NY this pdl is illegal.let them blow hot air.becuuse that is all it is.one thing,do not include the lawsuit part unless you are going to do it.i guarantee this pdl will keep the harrasment going.so just be prepared.do not worry,this is an illegal and uncollectable debt.
