Ten Dollar Payday Loan Has Agreed to A Settlement..
I am sorry that I have not posted anything in a while. I have been busy as of late. I have a new boss at my place of employment and just recently, he started speaking to me. Yesterday, he took me and a co-worker out to lunch. Strange since the other day, he wouldn’t have five words to say to me. Is he trying make up for something?
Anyway, my Thursday was pleasantly surprising. After a long day with Mr. “Don’t Speak”, I prayed and asked the Lord for a reason to smile again. I had missed smiling and had done much of it in the past few weeks. What He gave me was the best news of the week.
For the last week, I have been trying to work out an arrangement with MTE or Rio Resources or Ten Dollar Payday Loan. A few weeks ago, they offered to settle the loan for 80% of the amount. They have claimed that I have owed them $695.00 for a loan I took out with them ($300 plus the interest rate plus whatever they decided that was “interest”). I am sick to death of payday loans. They are like the plague that haunts all of us. But these diseases can be cured with time, patience and a good consolidation plan. I had all three.
Rio Resources sent me an email asking me to participate in the program whereby I would pay back 80% of the loan that they claimed I owe them (actuality, I had already paid the three hundred back they just kept it as interest). I responded that I was interested in a settlement that I could pay off in two payments. What a mistake I was about to make. They never responded to my email.
Then I went on the website which has been a lifesaver to me in more ways than one (how I wished debtconsolidationcare. com was around in 2000). I read that Rio Resources was not allowed to collect on loans in the state of Oklahoma. While the law affected only loans in the great state of Oklahoma, I demanded that they release me as well, in Louisiana.
So this what I sent to them using one of the DIY sample letters on the board:
To Whom It May Concern:
I am writing in reference to my account with your company. Recently, your company sent me a letter regarding a settlement offer 80% less than what the balance is due. In light of recent information, I discovered that your company is not licensed to do business in my state and have been charging me an interest rate higher than required by Louisiana law. Thus, I am requesting that my account be labeled as paid in full and no further action be taken on my account by you or ACA Recovery where you sent my account to.
Your company is in violation of Louisiana Stat. Ann. § 3578.1 et seq. which states (in part):“§ 1503 Licensure of Brokers
A. No person having an office in Louisiana shall broker a loan in Louisiana unless exempt by statute, without first being licensed and complying with the provisions of the Louisiana Loan Brokers Act.”
According to the Louisiana Office of Financial Institutions, your company is neither licensed nor registered in the state of Louisiana nor do you have an office in the state of Louisiana.
Furthermore, your company is in violation of other sections of Louisiana Stat. Ann. § 3578.1 et seq. I have summarized the applicable sections here.
Loan Term: 60 days
Maximum Finance Rate and Fees: $5 documentation fee + the greater of 16.75% of check or $45 (After default: months 1-12: 36% per year; months 13 and beyond: 18% per year)
Finance Charge for 14-day $100 loan: $25
APR for 14-day $100 loan: 650%
Rollovers Permitted: None (cannot renew or rollover but licensee may accept partial payment of 25% of amount advanced plus fees and enter into new loan)
In addition, your claim that the contract I signed is only governed by the law of the state in which your company resides is unsubstantiated. Your company solicited, accepted, and transacted business with a citizen of Louisiana. Thus your company is subject to the laws of Louisiana including usury laws and statutes governing “small loan” lenders.
According to Louisiana law (as shown above) the maximum allowable APR for payday loans is 650%. As you can see from your past records, on other loans I had with your company, I have paid well above the 650% APR allowed by Louisiana law.
Since your company is in violation of Louisiana law, I am offering Ten Dollar Payday Loan an opportunity to have the account paid in full.Furthermore, at no time will Ten Dollar Payday Loan, any representative, parent company, subsidiary, or affiliate of MTE Financial place any derogatory mark on my credit report with any credit bureau, nor any other check writing database, such as Teletrack or any equivalent database. In addition, Ten Dollar Payday Loan will not pursue any type of wage assignment (voluntary or otherwise) against me now or at any time in the future.
All telephone communication to my home or place of employment is to cease and desist and you will not contact my references at any time. All correspondence as of today shall be in written form through e-mail or written letter through the United States Postal Service.
Thank you for your prompt attention and cooperation in this matter.
Sincerely,
Alexandra
They responded back in their usual method. I was told on the website that they would try a tactic such as this.
We have received and reviewed your correspondence regarding your complaint with the company.
While the information that you have collected may apply to companies that have physical locations in your state, it is our opinion that it does not apply to our internet business model. This is based on sound advice from our legal department. In addition, the Legal Disclosures provided for customer reference at our website state the following:
Due to the fact that you closed your bank account and failed to provide us with new account information, your account was referred to an outside collections agency for handling. The discount that you are referring to in your complaint has nothing to do with our company. This is a discount that was offered to you by a third-party, therefore we cannot honor that discount. However, due to your long history with our company, and in the interest of good customer service, we have agreed to stop collection efforts at this time and waive all finance charges currently due on your loan. We will expect complete payment of the principal amount owed.
The Lender will be prepared to provide you with the information necessary for repaying the $300.00 that remains due on your principal balance. Payment must be received by you in the form of a Cashier’s Check or Money Order payment. We expect this offer will bring us to an amicable resolution.
Please acknowledge your understanding and acceptance of our proposal if you are in agreement with the offer detailed above, and advise which payment method you will use. Once your acknowledgement/agreement is received, we will provide you with the information needed to make the payment. Once we have received this payment, we will mark your account “Paid in Full.”
If your response is not received within seven (7) days of the date of our offer, the offer will become null and void and collection efforts will resume.
Thank you for your time and consideration in this matter.
Respectfully,
Compliance Department
Noticed that they said that they did not know of any settlement offer and they were the ones who sent it to me.
I responded in this manner:
I have received and reviewed your correspondence regarding my current loan with your company. I also believe that we can come to amicable solution to terminate this loan and have it considered paid in full after all the outstanding customer service that you have provided me. For that, I am so appreciative.
Due to my long history with Ten Dollar Payday Loan, I am thankful that you have so graciously decided to waive all my fees and interest charges and have agreed that I owe only the $300 that was the principal in the loan. I have, however, paid ACA Recovery, the company you have transferred my account to, $75 per month for the last three months, including this month’s payment of $75 on today.
What I am requesting is this. I am asking you for good faith in allowing me to consider that portion that I have paid to my loan as payment toward the principal balance that you are requesting. I am also promising to pay the final $75 on or before March 31, 2007 which will complete the fourth and final payment totaling the amount that I have paid to $300.
I understand that you are company that thrives on assisting those individuals who are unfortunately short funded and need a temporary loan to cover the necessary expenses. I once again appreciate your gesture is securing me during a difficult period. I ask that we end our relationship on good terms with an agreement that is both equitable to you and affordable to myself.
All that I asking for is an opportunity to for you to be rid of an individual such as myself once and for all and for both of us to leave on good terms. I am trying to pay your debt off in full as promised. Please allow me to conclude this matter and leave on better terms with your company.
Please respond to my email in an appropriate and expeditiously matter as I am anticipating to conclude this matter. Like I said, I am more than happy to conclude this matter using the amount that I have paid in full to ACA Recovery. Please help me with this matter.
Thank you for your time and consideration.
ACA Recovery is the company that they transferred my account to who claim that they are a law office. In actuality, ACA REcovery is the law office of Norman Kaline who is RIO RESOURCES. You have to be careful of places like that.
Well, Thursday night, I checked my email and I found a response from them:
We have received and reviewed your most recent correspondence regarding your acceptance of the offer that the company has made to settle your account.
We contacted ACA and were able to verify that they have received three payments from you – two in December 2006, in the amounts of $20.00 and $75.00, and another $75.00 payment in January 2007. They were unable to confirm that a payment was received from you in February. In order to accept the counter-offer that you have made, we will first need proof from you that you made the payment. ACA advised us that you have been making Money Order Payments, therefore we will need your Money Order receipt along with the receipt that you received when you sent the Money Order to them. If this is not possible, we will not be able to accept the offer until we receive notification from them that the payment was received.
Please utilize the fax number provided at the top of this letter to provide the requested information.
Thank you for your time and consideration in this matter.
Friday morning, the first thing I did was fax over a copy of that money order to them. Since then, I have not heard a peep from them, so I am sending them another letter. I also requested a written copy of the agreement freeing me of this hell. I am so glad that the two of us have come to a compromise and another payday loan gone away.