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Please reassure me...

Date: Wed, 06/10/2009 - 13:33

Submitted by r1b1h
on Wed, 06/10/2009 - 13:33

Posts: 6 Credits: [Donate]

Total Replies: 3


So I have written my cease and desist letter and emailed it. Then I emailed a follow up. I have not heard a response back but I only emailed it yesterday. Here is what I sent to Payday Services.

Letter One

Date: June 9, 2009

PayDay Services

MY NAME
MY TOWN, Oregon
Account #MY ACCOUNT NUMBER


After doing research regarding Internet payday loan laws in the State of Oregon, 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 Oregon in general:

SB 1105 limits the total interest and fees a Lender can charge on a Loan to $10 for each $100 as an origination fee, plus up to 36% interest as calculated on an APR basis. It prohibits Loans for a term less than 31 days. Lenders are prohibited from charging a consumer more than one fee (not to exceed $20) per Loan transaction for dishonored checks or insufficient funds, plus fees charged to the Lender by an unaffiliated financial institution for each dishonored check. SB 1105 prohibits collection of damages or attorney fees for a dishonored check and prohibits the Lender from renewing a Loan more that two times or making a new Loan to the consumer within seven days of a previous Loan. The Oregon Department of Consumer and Business Services (“DCBS”) may adopt rules for the purposes of carrying out and enforcing the Act.


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 with MAPS Credit Union to protect my interest in this matter, per instructions from the Oregon Division of Finance & Corprate Securities. 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 must be licensed in the state of Oregon to be a legal and binding contract, your company should NOT issue loans to Oregon residents at all. I am requesting that you send me your license number which enables you to offer loans to Oregon 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 United States. I have paid the principal amount of $400 and have paid $900 in interest. I demand the $900 in interest be returned to me.

I must also inform you that I will be filing complaints with the Better Business Bureau, the Federal Trade Commission, the Attorney General's Office, and the Oregon Division of Finance & Corprate Securities.

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.

Sincerely,

MY NAME HERE
CC:
Better Business Bureau
Oregon Attorney General
Federal Trade Commission
Oregon Division of Finance & Corprate Securities

Letter Two
MY NAME
MY TOWN, Oregon
Acount #MY ACCOUNT NUMBER
This is in follow up to the cease and desist letter that was sent June, 9, 2009. This is to inform you that I have now filed complaints and will reference the complaints for your verification below.

I have now filed complaints with the Oregon Attorney General
You can view it at URL IS HERE BUT SHOWS NAME AND CONTACT INFO THAT I DON'T WISH TO SHARE

I have filed a complaint with the Oregon Department of Finance and Corporate Securities. Online complaints were offline and this was sent by certified mail. A copy will be emailed to you if requested.

I have filed a complaint with the FTC. My reference number is 230***** REF NUMBER REMOVED SO THAT NO PERSONAL INFO IS SHARED ONLINE

I have filed a complaint with the Better Business Bureau. My reference number is 819***** REF NUMBER REMOVED SO THAT NO PERSONAL INFO IS SHARED ONLINE

Your prompt attention to this is much appreciated. As a reminder no phone contact is permitted at my home or place of employment. No phone contact is permitted with my references. As mentioned in my previous letter I have revoked any and all ACH transactions and wage assignments I may or may not have previously agreed to.

I demand all interest paid be returned because of the illegal nature of this loan. The amount of interest paid is $900. I expect a response to this email within 5 business of the date of this letter. All responses MUST come via email or USPS.

As well, all emails sent by me will be saved in case the retention of an attorney is deemed necessary. An attorney will be necessary if the $900 in interest paid is not returned, the account marked paid in full, and the account closed.

Thank you
MY NAME


So, do you think they will respond? I hope so. I have a giant knot in my stomach. I don't normally do this. But I have a baby here and we are barely making it. I can not afford to pay back these guys anymore than I already have. Unless you know of someone willing to buy a kidney...
:shock:


your letters looked great.they will fight you on the illegality of the loan.just don't back down.they count on alot of mumbo jumbo to try and conivince you that they are legal.it is all BS.


lrhall41

Submitted by paulmergel on Wed, 06/10/2009 - 13:48

( Posts: 15514 | Credits: )


"So, do you think they will respond? I hope so. I have a giant knot in my stomach. I don't normally do this. "

Some will..............some won't. I had 6 only one was legal and I've worked things out with the legal one and 2 of the illegals. So 3 down 3 to go and they've only missed one payment to date (they missed their first payment on May 29th). I haven't heard a PEEP from PDL Loan Center except Tawni Piggott telling me she is with a part of company not servicing my loan and to call another number. VC Funding a Kara Flowers emailed me and gave me info to send $110 I agreed I owed them but she insisted total was $500....Haven't heard anything since....A few emails from Ameriloan, they are only ones that responded to my BBB complaint but didn't really answer the complaint ......So I countered their response...no updates.....Hang in there.....Just get your account info straightened out first then you'll have $ and feel more in control of the situation.


lrhall41

Submitted by fixingit on Wed, 06/10/2009 - 13:53

( Posts: 228 | Credits: )


If they DO contact you, if it were me, I'd keep a log of when they call and what they say, just for your own information. As paulmergel says, if they do contact you they'll do their best to convince you they ARE legal. If you get calls/emails and are in doubt, just post at this site and there's lots of great people who can help. (they've helped ME a lot; trust me, there is light at the end of the tunnel)


lrhall41

Submitted by on Thu, 06/11/2009 - 07:31

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