Tribal lender not licensed with my state. I sent them a letter outlined like OhioGal1 posted stating I would pay back the principal balance and this was there response. How do I respond to this?
Clear Loan Solutions is a tribal lending entity wholly owned by the Federally Recognized Native American Tribe Big Lagoon Rancheria, California, a sovereign nation located within the United States of America. As such, Clear Loan Solutions is an “arm of the tribe,” and entitled to the same immunity from state laws as is the Big Lagoon Rancheria. Clear Loan Solutions is a SHORT term loan financial institution. We provide customers with smaller sized loans. All such loans are approved and funded by the tribal lending entity Clear Loan Solutions. When you sign the loan agreement, you are signing that agreement in on the tribal land in California as the agreement clearly states. Our company also follows all applicable federal laws pertaining to the nature of our business. The Clear Loan Solutions loan agreement and website contain all disclosures required by applicable tribal and federal law. The loan agreement, which you signed, makes it clear that all transactions are governed by tribal law. . Going online is like walking into a store. Clear Loan Solutions maintains tribal law as controlling and absolute in the loan documents and in accordance with applicable case law, as all of the significant contacts in the loan transaction, including the last transaction which is the approval of the loan by the tribe, occur on tribal land. The loan agreement is legal and enforceable. In responding to your correspondence, Clear Loan Solutions notes and reserves all available legal and equitable objections to the points you have raised. Clear Loan Solutions provided this service as a convenience to you. You were giving instructions on how to pay back and or pay down the loan. All info was explained when you received the loan along with all information that was presented to you in your loan documents. Attached is a copy of your loan documents stating:
“NOTICE: YOU ARE ENTERING INTO A LOAN AGREEMENT WITH A FEDERALLY RECOGNIZED NATIVE AMERICAN INDIAN TRIBE AND, AS SUCH, THE SUBSTANTIVE LAW APPLICABLE TO THIS LOAN AGREEMENT ARE THE LAWS OF THE BIG LAGOON RANCHERIA, NATIVE AMERICAN TRIBE. THIS LOAN AGREEMENT IS NOT SUBJECT TO THE LAWS OF THE STATE WHERE YOU RESIDE” and
“[B]y entering into this Arbitration Agreement, you are waiving your right to bring any claims that directly or indirectly arise from your Loan Agreement in any court other than a small claims tribunal. Instead, you are agreeing to resolve such claims in binding and mandatory arbitration”
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