Need help responding to this
Date: Fri, 02/08/2013 - 14:51
Thank you for your email. We are sorry to hear that you are unhappy about your recent experience. Our reputation is important to us and, as such, we are willing to consider the circumstances surrounding your request in order to determine the appropriate action. Having reviewed your complaint in detail, we would like to mention a few points of issue before commenting on a resolution.
We would like to point out that when you were presented and signed the Loan Agreement (which fully discloses the terms as well as the payment options) on September 25, 2013 at 2:26:00 pm from IP 71.68.33.109, it was your responsibility to read the terms and conditions.
In your signed loan agreement, you acknowledged that we are a non US Company whose jurisdiction both parties have contractually agreed to abide by. As such, we do not maintain a location in the State of North Carolina and are not registered with or subject to any other state agencies. As was specifically stated in your loan agreement, the loan was provided in accordance with the Laws that govern our home country. The choice of venue was stated in your loan agreement from which the loan was approved and funded.
The Electronic Signatures in Global and National Commerce Act (ESIGN, Pub.L. 106-229, 14 Stat. 464, enacted June 30, 2000, 15 U.S.C. ch.96) is a United States federal law passed by the U.S. Congress to facilitate the use of electronic records and electronic signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically. Therefore, your signed loan agreement is legally binding.
Notification was sent to your email address ([mailto:xxx@yahoo.com] xxx@yahoo.com) at the time of funding approval, as well as prior to each and every due date, in which specifically details in bold the auto renewal policy that is about to occur and the payment options available. You have submitted your complaint from this same email address therefore, confirming you have in fact received the approval and renewal emails mentioned above.
Our records indicate that your current balance is $631.25. This includes the Principal amount of $400 plus the Finance Fee of $100 (plus your returned payment of $131.25 on 2/01/2013).
The full balance on your account is scheduled to be sent to 3rd party collections.
Having stated the above, we understand that many people are experiencing difficult times. So, while we are not obligated to do so, and in full and final settlement of your grievance and any claims you may wish to assert against us, we will agree to the amount and schedule below. Once all the agreed upon settlement payments have been successfully paid, we will waive the remaining balance on your account. Agreeing to this settlement will freeze any interest or fee amounts currently outstanding.
Current Amount Due: $631.25
Proposed Settlement: $525
Your Savings: 106.25
Number of settlement payments: 4
Payment Schedule:
03/01 $131.25
03/15 $131.25
03/29 $131.25
04/05 $131.25
You hereby voluntarily authorize us to initiate automatic debit entries to your Bank Account in accordance with this Agreement. Only upon receipt will settlement be made.
Sad part is that they had the
Sad part is that they had the date wrong, of when I took out te loan. Off by a year. See above. I sent them Soap's message. I also demaned my refund of $556 from them for overpayment of principle. I am armed with knowledge and ready to battle these idiots!!
Great response. The mumbo
Great response. The mumbo jumbo they speak is outdated already, lol. Good luck with trying to get a refund from them, though, Id keep trying.....
Right on Soap Lady!! Perfect
Right on Soap Lady!! Perfect answer!! You could also mention that THEY ACTUALLY SAID THEY WEREN'T LICENSED IN YOUR STATE!!! They admit that they are illegal!!
Dear Bayside
Dear Bayside
I printed your email and wiped my ass with it...you should do likewise as you are so full of shit. You know as well as I do that you have no legal authority to collect in a state where payday loans are prohibited. I am not going to waste my time arguing with you. Mark my account as paid in full as you will not get another penny from me. Go ahead and send me to collections....I will cease and desist the collection again. If they choose to violate the FDCPA by contacting me after the written cease and desist, I will gladly collect $1000 in damages under federal law.
You may send me one email informing that you have marked my account as paid in full. Other than that, I expect never to hear from you again.
Govern yourself accordingly