National Pay Day and Michigan
Date: Tue, 06/05/2012 - 12:32
I sent my letters and closed my account. This is their response...what do you think? Smoke and mirrors? Scare tactic? or valid?
[COLOR=#000080]Devidia II Limitada[/COLOR]
[COLOR=#000080]National Payday[/COLOR]
[COLOR=#000080]Apdo 291-7150[/COLOR]
[COLOR=#000080]Turrialba, Costa Rica 30501[/COLOR]
[COLOR=#000080]6/4/2012[/COLOR]
[COLOR=#000080]Dear Mrs.,[/COLOR]
[COLOR=#000080]At this time, we would like to take the opportunity to clarify your check advance agreement with NationalPayday.com.[/COLOR]
[COLOR=#000080]In response to your questions regarding licensing and contract venue, Devidia II Ltda DBA NationalPayday.com is a Costa Rican corporation licensed in Costa Rica with offices operating in Costa Rica. [/COLOR]
[COLOR=#000080]Because all customers avail themselves to Costa Rican law when entering into a check advance agreement with NationalPayday.com, the Michigan jurisdiction is not applicable.[/COLOR]
[COLOR=#000080]The "lex loci celebrationis" (the law of the place where a contract is made) determines the formal validity of a contract which is key to specific contract venue law. The Hogue-Kellog principle provides even more clear-cut evidence regarding the controlling venue for a contract. This principle commands that a contract is deemed to be executed where the final act is done which is required to make it a binding contract. [/COLOR]
[COLOR=#000080]Please note that the contract transaction was not binding until NationalPayday.com reviewed the application information received from the customer in order to make a decision as to whether we should enter into the agreement. Therefore, the final act to make the transaction and contract binding was in NationalPayday.com's jurisdiction (Costa Rica), not the customer's.[/COLOR]
[COLOR=#000080]Please see Hogue-Kellog Co. Inc., v G.L. Webster Canning Co., Inc. 22 F3rd 384, 385 (4th Cir.1927).[/COLOR]
[COLOR=#000080]NationalPayday.com customers enter into an unsolicited transaction with a Costa Rican company that maintains offices, employees, servers, and all other crucial elements of the business and transactions taking place in Costa Rica, which includes contract venue, rather than the location of the customer (Michigan in this case) where nothing is deemed to have taken place.[/COLOR]
[COLOR=#000080]Please see Zippo Manufacturing Company vs. Zippo Dot Com, Inc. 952F Supp 1119, 1124 (W.D. Pa. 1997).[/COLOR]
[COLOR=#000080]All customers who choose to conduct a relationship with NationalPayday.com are required to consent to avail themselves to internal Costa Rican laws, which all customers do so unsolicited and willingly. If a customer refuses to do so, no advance is granted. Furthermore, this disclosure is indicated on both the website and the contract.[/COLOR]
[COLOR=#000080]The website specifically states:[/COLOR]
[COLOR=#000080]"All aspects and transactions on this site will be deemed to have taken place in our office in Costa Rica, regardless of where you may be viewing or accessing this site."[/COLOR]
[COLOR=#000080]The check advance agreement specifically states:[/COLOR]
[COLOR=#000080]"GOVERNING LAW: Both this agreement and the application is considered to be executed at our offices in Turrialba, Costa Rica, and this transaction and agreement with us shall be governed by, construed, and enforced solely in accordance with the internal laws of Costa Rica."[/COLOR]
[COLOR=#000080]Again, because NationalPayday.com customers avail themselves to Costa Rican law when entering into a check advance agreement with NationalPayday.com, a Costa Rican corporation, the Michigan jurisdiction does not apply.[/COLOR]
[COLOR=#000080]Devidia II Limitada[/COLOR]
[COLOR=#000080]National Payday[/COLOR]
[COLOR=#000080]Apdo 291-7150[/COLOR]
[COLOR=#000080]Turrialba, Costa Rica 30501[/COLOR]
[COLOR=#000080]6/4/2012[/COLOR]
[COLOR=#000080]Dear Mrs.,[/COLOR]
[COLOR=#000080]At this time, we would like to take the opportunity to clarify your check advance agreement with NationalPayday.com.[/COLOR]
[COLOR=#000080]In response to your questions regarding licensing and contract venue, Devidia II Ltda DBA NationalPayday.com is a Costa Rican corporation licensed in Costa Rica with offices operating in Costa Rica. [/COLOR]
[COLOR=#000080]Because all customers avail themselves to Costa Rican law when entering into a check advance agreement with NationalPayday.com, the Michigan jurisdiction is not applicable.[/COLOR]
[COLOR=#000080]The "lex loci celebrationis" (the law of the place where a contract is made) determines the formal validity of a contract which is key to specific contract venue law. The Hogue-Kellog principle provides even more clear-cut evidence regarding the controlling venue for a contract. This principle commands that a contract is deemed to be executed where the final act is done which is required to make it a binding contract. [/COLOR]
[COLOR=#000080]Please note that the contract transaction was not binding until NationalPayday.com reviewed the application information received from the customer in order to make a decision as to whether we should enter into the agreement. Therefore, the final act to make the transaction and contract binding was in NationalPayday.com's jurisdiction (Costa Rica), not the customer's.[/COLOR]
[COLOR=#000080]Please see Hogue-Kellog Co. Inc., v G.L. Webster Canning Co., Inc. 22 F3rd 384, 385 (4th Cir.1927).[/COLOR]
[COLOR=#000080]NationalPayday.com customers enter into an unsolicited transaction with a Costa Rican company that maintains offices, employees, servers, and all other crucial elements of the business and transactions taking place in Costa Rica, which includes contract venue, rather than the location of the customer (Michigan in this case) where nothing is deemed to have taken place.[/COLOR]
[COLOR=#000080]Please see Zippo Manufacturing Company vs. Zippo Dot Com, Inc. 952F Supp 1119, 1124 (W.D. Pa. 1997).[/COLOR]
[COLOR=#000080]All customers who choose to conduct a relationship with NationalPayday.com are required to consent to avail themselves to internal Costa Rican laws, which all customers do so unsolicited and willingly. If a customer refuses to do so, no advance is granted. Furthermore, this disclosure is indicated on both the website and the contract.[/COLOR]
[COLOR=#000080]The website specifically states:[/COLOR]
[COLOR=#000080]"All aspects and transactions on this site will be deemed to have taken place in our office in Costa Rica, regardless of where you may be viewing or accessing this site."[/COLOR]
[COLOR=#000080]The check advance agreement specifically states:[/COLOR]
[COLOR=#000080]"GOVERNING LAW: Both this agreement and the application is considered to be executed at our offices in Turrialba, Costa Rica, and this transaction and agreement with us shall be governed by, construed, and enforced solely in accordance with the internal laws of Costa Rica."[/COLOR]
[COLOR=#000080]Again, because NationalPayday.com customers avail themselves to Costa Rican law when entering into a check advance agreement with NationalPayday.com, a Costa Rican corporation, the Michigan jurisdiction does not apply.[/COLOR]
complete BS
that is the standard response from an illegal out of the country ipdl.respond this way.
since i am not,was not,and will not be a resident of costa rica.my state laws apply.
resend your original letter with that added.
