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Ameriloan threatening to escalate my case





Sub: Ameriloan threatening to escalate my case
Fri, 23/10/2009 16:30

I have a 250 loan from ameriloan and I spoke to a supervisor in the final collections dept. He told me they are licensed in my State which is Arizona. I kept telling him they were not listed in the State Banking Department's of licensed Payday Loan Lenders. He replies to me if we were not licenswed we would be out of business and that they will win no matter what. He even said the company has been in business longer than ebay. He told me if I did not make arrangements they would write off the 400 now dollar debt and take further action against me. i told him the fees weere illegal in AZ, and he told me they were reasonable. He even said for me to get legal advice from an attorney...He even threatened to hang up the call because I giving him a legal lecture about AZ Payday Loan Laws....Here is an excerpt from AZ Law that told himk about:

6-1262. Violation; classification; individual liability
A. A person that provides deferred presentment services without a license is guilty of a class 1 misdemeanor.
B. A licensee that violates this chapter or the rules adopted pursuant to this chapter is subject to revocation of the licensee's license and is guilty of a class 1 misdemeanor.
C. An officer or agent of a corporation or association who participates in a violation of this chapter is subject to the penalties prescribed in this section.
D. Except as the result of an accidental or bona fide error, if the licensee charges, contracts for or receives any amount in excess of the fees expressly permitted by this chapter, the deferred presentment is voidable and the licensee has no right to collect or receive any fees in connection with the deferred presentment transaction. Any deferred presentment transaction that is made by a person who is required to be licensed pursuant to this chapter but who is not licensed is void, and the person has no right to collect, receive or retain any principal or other fees in connection with that deferred presentment transaction

So if they did write this off on Credit Reports, I could dispute it since it is not a vlaid debt under AZ Law because Ameriloan does not have a license. Also he told me that the contract is still valid whether they have a license or not.



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Sub: #1 wompanh8trFri, 10/23/2009 - 16:30



Ameriloan, United Cash Loans, etc are divisions of a company called: Miami Nation Enterprises. Miami Nation Enterprises is a division of Miami Tribe of Oklahoma; a Federally recognized Sovereign Nation of Native/American Indians. Because they are recognized as a sovereign nation, they may operate outside the jurisdiction of their Reservation and do business with non-natives. Here???s the part that???ll make you scream:
As a matter of federal law, absent congressional authorization or an Indian tribe???s consent to suit, a federally recognized Indian tribe enjoys immunity from any suit in state court, even if the activity that is the subject of the lawsuit is purely commercial in nature or occurs on nontribal lands. (Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc. (1998) 523 U.S. 751, 754-755 [118 S.Ct. 1700, 140 L.Ed.2d 981 (Kiowa).) That immunity extends to a tribe???s for-profit business entities when the entity is operating on behalf of the tribe.
Because of this fact, they believe they don???t have to follow the rules and regulations of the FTC. They are immoral and shady and use many illegal and shady practices. For instance, if you intend to send them a Certified Letter with a Cease and Desist order, you???ll be given an address (not from any collector in the call center???they don???t ???deal??? with the mail..long story) to an area in Miami, Ok where there is NO building. However, I have an actual address and phone number: Miami Business Services 28 North Main P.O. Box 1525 Miami, OK. 74355 Phone #: 918-542-1445 They also own the following businesses in Miami, OK: Miami Designs; Serviceworld Computer. The phone number for the Attorney General in Oklahoma is: 405-521-3921 Call, complain, contact the BBB, AG, the District Attorney in your state.
Also, for your protection, demand that they send you: Federal Fair Debt Collection Practices Act debt VALIDATION pursuant to 15 USC Section 1692(g)
GOOD LUCK!!!!!


Unregistered

Sub: #2 reWed, 11/28/2007 - 22:54



Very few PDL's are actually legal. Thats why they are so abusive in trying to collect. They do not have any other options.


Tweety71
Tweety71

Posts: 1886
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Sub: #3 I've dealt with ameriloan and they are nasty as well....I would Wed, 11/28/2007 - 07:46



I've dealt with ameriloan and they are nasty as well....I would not worry about their threats....Be Strong!

~ Tweety~
When I'm good, I'm very good, but when I'm bad, I'm better.


jaydanielle1
jaydanielle1
Debt Samaritan
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Sub: #4 oh i am cannr, but since i had another acct with another acct i Wed, 11/28/2007 - 07:16



oh i am cannr, but since i had another acct with another acct i have to get all my past statements and see how much i really paid these people, the lady that worked with me was very helpful too


cannr
cannr

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Sub: #5 rTue, 11/27/2007 - 16:28



jay, have you thought about filing another complaint with the BBB? Hell, I did when they would close one on me. You can file again with "updated" information. It'll keep the BBB on it and they will keep contacting them again!


jaydanielle1
jaydanielle1
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Credits: 7430.75

Sub: #6 i filed with the BBB in regards to this company, and they refuseMon, 11/26/2007 - 14:08



i filed with the BBB in regards to this company, and they refused to mark my acct as pif, the bbb closed the case, but i'm not done by the least bit


cannr
cannr

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Sub: #7 RMon, 11/26/2007 - 13:05



danka, honey, ameriloan is not licensed. You are correct. This guy is an idiot. Now, do you honestly think he's going to tell you the truth? No. He's going to try to say things to "convince" you or "scare" you into paying him. Ameriloan - yes, maybe has been in business for a long time - the ILLEGAL business. No, they are not licensed. You are correct. This guy is a total moron. And you just need to be sure they can not access your money at all and file complaints like crazy against them.


Unregistered

Sub: #8 Foudn more info on AmeriloanMon, 11/26/2007 - 12:44



I did a search in yahoo with ameriloan complaints and found a lawsuit was filed in the State of CA against Ameriloan for unlicensed lending...


dpetty121263
dpetty121263
Posts: 24
Credits: 910.2

Sub: #9 They are just trying to scare you, just calm down and do not talMon, 11/26/2007 - 12:38



They are just trying to scare you, just calm down and do not talk with them.....

David


Unregistered

Sub: #10 FU to 1st MSGMon, 11/26/2007 - 12:35



Any feedback and adive would be helpful...I know I'm on the right track...By the way the link to the Arizona Revised statutes on Deferred Presentment Companies is at the AZ Legilature Site..
Scross down to Chapter 12.1


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