People read your contracts, you have more rights than you think. Go to the web -site right now down load and print a copy of your contract.
Interesting point number one-I understand that if I fail to make any payment due hereunder, the Holder of this Note shall have the right, after a 30-day grace period, to declare this Note to be immediately due and payable. I further understand that if I file for an assignment for the benefit of creditors, bankruptcy, or for relief under any provisions of the United States Bankruptcy Code, the Holder of this Note shall have the right to declare this Note to be immediately due and payable.-
The above was taken directly from my contract verbatim.in all of the post that I have read this was not mentioned.
Interesting point number two-I agree that all payments not made within fifteen (15) days of the due date shall be subject to a late fee of $15. Any late fee assessed shall be collected by the Holder on behalf of the Holder and shall inure to the exclusive benefit of the Holder.
Again taken from my contract verbatim.instead of calling people 72 times within an hour, remind them of this.
Interesting point number three-GOVERNING LAW. This Note, and any claim, dispute or controversy arising from or relating to this Note, are governed by and construed in accordance with the laws of the State of Delaware (without regard to its conflicts of law rules) and applicable federal law. The legality, enforceability, and interpretation of this Agreement and the amounts contracted for, charged, and received under this Agreement will be governed by such laws. This Agreement is entered into between you and me in Delaware.
Again taken from my contract verbatim. If you live in California you mean to tell me that you are subject to the laws not Delaware, no you are subject to the laws of California. Use your consumer protections.
Interesting point number four-arbitration. Please read this provision of the agreement carefully. I understand that unless i exercise the right to opt-out of arbitration in the manner described below, i agree that any dispute will be resolved by binding arbitration. Arbitration replaces the right to go to court, including the right to have a jury, to engage in discovery (except as may be provided in the arbitration rules), and to participate in a class action or similar proceeding.in arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. Arbitration procedures are simpler and more limited than court procedures. I also agree any arbitration will be limited to the dispute between myself and you or the holder of the note and will not be part of a class-wide or consolidated arbitration proceeding.
Sorry for all the caps, I copied and pasted this directly from my contract. All this talk about being sued is a lie. They are agreeing also to arbitration, and remember they must by their contract afford you 30 days. The FDCPA and various state laws say that a company can not threaten you with legal recourse if they can't or they are not intending to do so. No matter what Cash Call states they must follow the law.
This is not an attempt to have you escape paying your bill, this is a reminder for you to read your contract and work your rights.
To all of you write your letters send them certified, return receipt and let them know that you know what your rights are.
Peace
B.
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