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Letter review before I send?

Date: Wed, 12/03/2008 - 11:15

Submitted by ArkansasShell
on Wed, 12/03/2008 - 11:15

Posts: Credits: [Donate]

Total Replies: 4


Hoping someone can read over this and give me some advice.

Quick background:
    Payday Yes - borrowed $450, paid $540, sent letter (similar to one below), no response (but I don't think they have called since)
    USFast Cash - borrowed $350, paid $345, sent letter (similar to one below), no response and no contact since
    Payday Loan Yes - borrowed $300, paid $180 (this is the one I'm writing about...)
    Bank Account was closed by bank for being overdrawn. I left it closed and opened another account at a different institution.


Sent the following letter to Payday Loan Yes on August 25th:


[quote]After doing research regarding Internet payday loan laws in the State of Arkansas, 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 Arkansas in general:
Arkansas State Information
Legal Status: Legal (Applies to check cashers only)
Citation:
Ark. Code. Ann. § 23-52-101 et seq.; Ark. Const. art. 19, § 13
Loan Terms:
Maximum Loan Amount: $400
Loan Term: 6-31 days
Maximum Finance Rate and Fees: 10% of check + $10; $5 ID card
Finance Charge for 14-day $100 loan: $22.22
apr for 14-day $100 loan: 579%

In addition, I have learned that in early 2008, the Arkansas Attorney General demanded that payday lenders “terminate lending, void existing loans and stop collections.”

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 the Arvest Bank to protect my interest in this matter, per instructions from The Arkansas Department of Finance. 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 registered with the Secretary of State in Arkansas to be a legal and binding contract, your company should NOT issue loans to Arkansas residents at all. I am requesting that you send me your registration which enables you to offer loans to Arkansas 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 payments.

I must also inform you that I will be filing complaints with the Better Business Bureau, the Federal Trade Commission, and the Arkansas Attorney General's Office.

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)
CC:
Better Business Bureau
Arkansas Attorney General
Federal Trade Commission

Electronic Funds Transfer Act

907. Preauthorized transfers
(a) A preauthorized electronic fund transfer from a consumer's account may be authorized by the consumer only in writing, and a copy of such authorization shall be provided to the consumer when made. A consumer may stop payment of a preauthorized electronic fund transfer by notifying the financial institution orally or in writing at any time up to three business days preceding the scheduled date of such transfer. The financial institution may require written confirmation to be provided to it within fourteen days of an oral notification if, when the oral notification is made, the consumer is advised of such requirement and the address to which such confirmation should be sent.

(b) In the case of preauthorized transfers from a consumer's account to the same person which may vary in amount, the financial institution or designated payee shall, prior to each transfer, provide reasonable advance notice to the consumer, in accordance with regulations of the Board, of the amount to be transferred and the scheduled date of the transfer.
[Codified to 15 U.S.C. 1693e]


I received no response.

They have recently been calling my cell phone and my office (it goes to the main number and then they try to call me - they know not to give out my direct number). I let it go to vm. They haven't been leaving a message, until today when some woman named Sharon said that she was with Payday Loan Yes and that if I didn't respond within 48 hours, she was going to have to "involve my employer and the State of Arkansas."

So here's my response, but I wanted someone to check it for me first...

Payday Loan Yes
4001 South 700 East #500
Salt Lake City, UT 84107
Phone: 800-654-7444
Fax: 877-276-0418
Alt. Fax: 800-887-9284
[email]support@pay-day-loan-yes.com[/email]

To Whom it May Concern:

The following letter was sent to your offices on August 25th, 2008. Today, December 3rd, 2008, I received yet another call from someone at your company named “Sharon,” who informed me via voicemail that I had “48 hours to respond” or she would be “involving my employer and the state of Arkansas.”

This letter will serve as my response, and it is well within the 48 hours she demanded.

As stated in the previous letter, 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.[/quote]

In addition, I have attached a letter requesting debt validation.
Please be advised that I have now twice requested that you cease and desist from contacting me via any means or method other than what I have outlined. Any further violations will be reported to the FCC and the Attorney General for the State of Arkansas.

Sincerely,

My Name


I have the Sample Debt Validation letter and will send it also (unless someone says I shouldn't). And if my address/phone/fax numbers listed are wrong, please let me know.

Of course, I know that they can't really do anything but harass me, but I had to run over here and read a bunch of posts to reassure myself that that was true...

Thoughts? Ideas? Suggestions?

Thanks in Advance!


I think that looks great. The address you used for them is the same one I have. The phone number I have is different--although they change these so frequently you never know! But you can get the most recent one off their website. I have 800-550-6051 (not sure where I got that!). The email address I have is customersupport(at)payday-loan-yes.com.


lrhall41

Submitted by sjj104 on Wed, 12/03/2008 - 11:50

( Posts: 85 | Credits: )