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Help for Others!! Northern Plains Funding!!

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After finding this forum, I decided to try some of the tools given. I was able to fight with the Tribal Lenders and WIN!!! It took a LOT of research and a LOT of guts, but it worked.

This post is LONG- but it is ALL of the emails back and forth.

PLEASE NOTE- I had already paid the principle amount of this loan, plus A LOT!!! I was under the mindset that A. I took the loan so I have to pay it, period B. My fault. But when I realized that it was illegal, I decided to fight.

ALSO- the FIRST thing I did was to submit a complaint with the Consumer Financial Protection Bureau. Here is the text of my complaint:

Describe what happened so we can understand the issue...
I took a loan from "Northern Plains Funding" for $500.00. The monies were credited to my bank account on 5/9/16. From 5/9/16, I paid a total to them of $1513.60.
On 10/7/16, when inquiring about my loan balance, they "offered" to refinance the "current principal balance" of $493.18. I agreed, with the intention of lowering the bi-weekly payment amount.
So from 5/9/16 to 10/7/26, with bi-weekly payments of $150.16, only $6.82 had been applied to the principal.
Since 10/7/16, I have paid a total of $1216.56. That brings the total amount paid to $2730.16 on a $500 loan.

I have since realized the online/payday/tribal loans are illegal in the State of PA where I reside. I have obviously paid this loan in full 5 times over- plus some.

What do you think would be a fair resolution to your issue?
I would like this loan to be considered paid in full. I would like Northern Plains Funding to STOP debiting my bank account. I would like Northern Plains Funding to NOT contact me or my employer once the loan is considered paid in full.

Here is ALL correspondence with Northern Plains Funding, from the beginning:


Sent: Friday, February 10, 2017 1:08 PM
To: CustomerSupport [at] NorthernPlainsFunding.com
Subject: Loan Paid in Full
Importance: High

February 10, 2017
Dear Lender, aka Northern Plains Funding,

It has come to my attention that payday/tribal/internet lenders must be licensed by the state of Pennsylvania in order to offer loans to its residents. Since your company has no license in my state, the loan contract I have with you is not valid. Although I am not legally required to do so, I am willing to consider the principal of the loan, plus 6% interest, which is the maximum allowed by Pennsylvania Law, to be considered paid in full.
I received a deposit of $500.00 from your company on 5/9/16. From 5/9/16 to 10/7/16, I paid to you a total of $1513.60.
On 10/7/16, when inquiring about my loan balance, you "offered" to refinance the "current principal balance" of $493.18. I agreed, with the intention of lowering the bi-weekly payment amount.
From 5/9/16 to 10/7/26, with bi-weekly payments of $150.16, only $6.82 had been applied to the principal.
Since 10/7/16, I have paid a total of $1216.56.
To date, I have paid $2730.16 on a $500 loan.
According to customer service, as of 1/30/2017, the current payoff on this loan is $595.42.
Based on the fact that I have paid a total of $2730.16, at this time I am requesting a return email acknowledging that my loan has been paid in full.
I have been advised by the Federal Consumer Financial Protection Bureau as well as the PA Department of Banking and Securities that by Federal and State Law, the maximum amount paid to consider the loan paid in full is $530.00.
At this time, I have revoked any and all ACH authorization, per Federal law, Regulation E Section 205.10 Pre-authorized transfers. You are no longer authorized to withdraw payments from my checking account, or any other account. I have also revoked any wage assignment I may have signed. I have given a copy of these revocations to both my bank and my employer. Any future attempts to collect funds in this manner will be blocked and reported to the FTC, CFPB and PA Attorney General.
Based on advisement from the PA Department of Banking and Securities and PA Attorney General's office, this is considered a cease and desist letter and any and all contact needs to be made via US Postal mail or email only. No contact shall be made via telephone to me, my employer, my home phone number, my work phone number or to any references listed on my account.

Please respond to this email with acknowledgment that my account has been satisfied in full and is now closed.
I expect a response from your company no later than 3 days from 2/10/2017 regarding this matter. This response may only come via US Postal mail or email. No telephone contact is permitted.
Thank you for your attention to this matter.



From: customersupport [at] northernplainsfunding.com
Sent: Friday, February 10, 2017 2:38 PM

Good afternoon,

Thank you for contacting Northern Plains Funding.

The central drive of your concerns seems to be that your Northern Plains Funding, LLC loan terms were inconsistent with the laws of your home state. But Pennsylvania State law does not apply to your Northern Plains Funding loan in any manner. As clearly indicated on our website and expressly and clearly provided in the loan documents executed by you, Northern Plains Funding, LLC (the "Company") is a wholly owned and operated entity of the Fort Belknap Indian Community (the "Tribe") located on the Fort Belknap Reservation of Montana (the "Reservation") and your loan agreement provides for the application of Ft. Belknap Tribal law. Your loan agreement is consistent with applicable law, and Northern Plains' servicing of your loan, based on our review of your account files, has also been also entirely consistent with applicable law.

Going forward, your account has been moved into collections to prevent ACH withdrawals. Your remarks have been forwarded to Mariela in our Financial Department for further attention. She can also be reached at mariela [at] northernplainsfunding.com or 888-667-8499.

Best regards,

Tom


On 2017-02-13 11:14,
FROM ME:
I have yet to hear from Mariela in the “Financial Department.”

Also- It should be noted that I have NEVER received an email (or any type of) reminder for ANY of the 18 due dates/payments that have been made since I became a customer on 5/9/16. It is stated on your website that I would receive these reminders, with due date options:


Lastly-

Since Friday, 2/10/17, I have been receiving threatening emails from “marketing [at] northernplainsfunding.com” saying that my latest payment was unsuccessful and that additional fees will be added to my account.



This is UNTRUE as I have NEVER missed a payment or have I had an unsuccessful payment. My last payment cleared my bank on 2/3/17 and the next payment, per the contract, is not due until 2/17/17.

This is an illegal collection tactic, as I am NOT currently in default of the loan.

I have reported this to the CFPB, the FTC and the PA Attorney General.

As stated in the cease and desist letter below, you are also not permitted to contact me via telephone at ANY listed number that you may have or obtained. You may only contact me via email at XXXXXXXXXX@XXXXX or via US Postal Service at my home address in XXXXXXXX

I expect swift resolution to this matter.

Regards,
ME


From: mariela [at] northernplainsfunding.com
Sent: Tuesday, February 14, 2017 1:43 PM
Good afternoon!
I already reviewed all the situation of your account.
About the reminders, you have to chose that option when you sign your agreement so maybe for that reason you did not receive them.
Now the emails you are receiving was for the marketing department and then are send by default to the accounts in collections as is your case.
We are willing to set up an arrangement with an option that works for both of us but we need to know your payment intentions.
The remaining balance stands in $562.74 including all fees but we can close the account for $350.00 in one time payment or even split the 562.74 in some payments.
Please let me know!
Thanks!

Mariela J.
Financial Dept


Northern Plains Funding, LLC
PO Box 516
Hays, MT, 59527
Phone (855)711-0119
northernplainsfunding [dot] com


On 2017-02-14 14:29,
TO THEM:
Thank you for responding.


1. About the reminders, you have to chose that option when you sign your agreement so maybe for that reason you did not receive them.

I just reviewed my agreement and I DID agree to that option. That in and of itself is a default, by Northern Plains Funding, of the agreement.

2. Now the emails you are receiving was for the marketing department and then are send by default to the accounts in collections as is your case.

How can my account be in collections if it is not past due?

2. We are willing to set up an arrangement with an option that works for both of us but we need to know your payment intentions.
(NOTICE SHE USED TWO 2’S LOL!!!)
The arrangement that will work for both you and I was already given.
I have paid Northern Plains Funding $2730.16.
I have been advised by the Federal Consumer Financial Protection Bureau as well as the PA Department of Banking and Securities that by Federal and State Law, the maximum amount paid to consider the loan paid in full is $530.00. This results in an overpayment of $2200.16.
In addition, I have been advised that, according to P.L. 13, No. 6, Sec. 502, I have the right to collect triple the amount of interest paid, in excess of Federal and State Law.
The U.S. Federal Consumer Financial Protection Bureau has advised that they will be contacting Northern Plains Funding today.
At this time I am requesting a return email acknowledging that my loan has been paid in full and my account is considered closed.
Regards,
ME


From: mariel [at] northernplainsfunding.com
Sent: Wednesday, February 15, 2017 10:48 AM
Good morning!
The account is now in collections because you revoke the authorization for our payments that broke the agreement you signed.
Now as I can see, you read your agreement and you were aware you had 3 options to pay the loan back, you chose the most expensive of the three, you never called to choose another one, you were advised to call 2-3 business days before your due date but you didn´t.
You know how the loan works and called to get extra cash that increased the total payments.
We will send your account to True Accord that is a collection agency works with us in this cases, you can contact them to 866-611-2731 o support [at] trueaccord.com, they will have your information in around 30 days.
Best regards!
THEM


Dear Mariela-

I NEVER received ANY extra “cash.” I received ONE deposit. Northern Plains sent ME emails about “discounts on current loans.” I called to inquire about A. the current balance of the existing loan and B. What the discounts were. During that phone call, I was “refinanced” for the current balance, which lowered the payments bi-monthly.

A also inquired MANY times about the loan balance. Both via email and live chat. I took it upon myself to inquire as I never received any communication regarding due date, amounts and options- as promised in the Northern Plains Documentation.

Please advise today how Northern Plains Funding will handle the above referenced issues.

Thank you,
ME


From: mariela@northernplainsfunding.com
Sent: Wednesday, February 15, 2017 1:15 PM


I already sent your information to True Accord
Please wait until they contact you in around 30 days to discus with them your options.
Best regards!
THEM



My Final Response (to which I never received a reply):

Sent: Wednesday, February 15, 2017 9:03 PM
To: mariela@northernplainsfunding.com ; customersupport@northernplainsfunding.com ; marketing@northernplainsfunding.com
Subject: Re: Loan Paid in Full

To whom it may concern:

When I initially contacted Northern Plains Funding Customer Support about my concerns, I was given the following response:

The central drive of your concerns seems to be that your Northern Plains Funding, LLC loan terms were inconsistent with the laws of your home state. But Pennsylvania State law does not apply to your Northern Plains Funding loan in any manner. As clearly indicated on our website and expressly and clearly provided in the loan documents executed by you, Northern Plains Funding, LLC (the "Company") is a wholly owned and operated entity of the Fort Belknap Indian Community (the "Tribe") located on the Fort Belknap Reservation of Montana (the "Reservation") and your loan agreement provides for the application of Ft. Belknap Tribal law. Your loan agreement is consistent with applicable law, and Northern Plains' servicing of your loan, based on our review of your account files, has also been also entirely consistent with applicable law.

However:

a. The Director of Operations for Northern Plains Funding appears to be Mr. Stephen Picciotto- from New York City, NY

b. Mr. Picciotto is also the Director of Strategic Planning ARB Risk Management

c. ARB Risk Management, with centers in Costa Rica, The Philippines and New Jersey, offers data analytic services. They have reviewed analyzed and decisioned millions of customer loan applications.

d. The President and CEO of ARB Rick Management Companies is Mr. Stanley Chao.

e. Mr. Chao is listed as the Registrant Name and Owner for the domain northernplainsfunding.com
Registrant Name: Stanley Chao
Registrant Organization: Northern Plains Funding, LLC

f. Mr. Chao also represented Northern Plains Funding, LLC at a local New Jersey Borough Council meeting regarding property use permits (Information in Italics below obtained from the Meeting Minutes of the Montvale, NJ Planning Board:
Block 1104 Lot 2-Northern Plains, LLC-110 Summit Avenue (2870 sq. ft.) Andrew Bolson, Esq. represented the applicant. Mr. Regan swore in Stanley Chao, president of the company. Chairman read the application into the record. Signatures were verified. Mr. Chao verified both signatures. Mr. Chao gave an overview. They do all the underwriting for the lenders who write mortgages. There are two additional employees and he. Mr. Fette stated they need a CCO and they can obtain that in the building department. No customers coming to site stated Mr. Chao. A motion to approve was made Mr. Lintner and seconded by Mr. Culhane with all stating aye.

e. ARB Risk Management and Mr. Stanley Chao also filed Notice of Exempt Offering of Securities, Form D, with the United States Securities and Exchange Commission with the Issuer being Northern Plains Funding, C/O ARB Risk Management. Incidentally, that file includes Sales Compensation to Jonathan Kane, an investor at 79 Capital Securities, LLC in Florida, with the note: 79 Capital Securities, LLC is entitled to a fee on a quarterly basis equal to the product of 5.0% per annum and the aggregate outstanding amount of the Loans.

I wasn’t aware that the Fort Belknap Reservation stretched into Florida, New Jersey, New York, Costa Rica OR the Philippines.

With the 14-CV-7139 (E.D. Pa Jan 14, 2016) ruling, I’m sure the CFPB, FDIC, FTC, PA Department of Banking and Securities and especially the Attorney General will be more than interested in the above referenced information.

The relationship between ARB Risk Management and True Accord is especially interesting....

I look forward to your response stating that my loan is considered paid in full and my account is considered closed.


Best Regards,
ME




FINALLY TODAY (after no other word from them) I received the following from the CFPB:
Company responded
Northern Plains Funding said:
Explanation of closure

Thank you for providing us with the opportunity to address this customer's concerns. XXXXXXXXXXX requested and was funded a loan with Northern Plains Funding, LLC. The loan terms and conditions, as well as repayment options, were explained to the customer at the time of loan origination. The customer made a partial repayment of the loan without incident. Upon receiving the customer complaint, we revoked the customer's ACH authorization and contacted the customer in order to resolve the concerns. After speaking with the customer, we have decided to waive the remaining balance as a one-time courtesy per the request and have marked the loan paid in full.

THEY CAN BE BEAT!!!




I appreciate your effort and the way you achieve your success.

Your detailed discussion regarding the payday loan complication will help many readers to know what to do in such situation.

Sub: #1 posted on Fri, 02/24/2017 - 17:51

sanderspatricia29 sanderspatricia29

(Posts: 259 | Credits: 32)

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