Consumer complaint received 2024-10-26
Product: Payday loan, title loan, personal loan, or advance loan — Installment loan
Issue: Charged fees or interest you didn't expect — 
Company: SOP Pioneer Partners LP (LA)

I am an XXXX XXXX XXXX XXXX XXXX XXXX XXXX. I provided my account information with the following statement to the Pioneer Military Credit company around XXXX XXXX via certified mail : To Whom It May Concern, I was recently informed that under the Louisiana Revised Statute title 29:312 ( Louisiana Servicemembers Civil Relief Act ) I'm entitled to having my interest rate lowered to 6 %, and that I can also get back payment for anything l have paid over 6 % from XXXX XX/XX/XXXX. This is for individuals stationed in Louisiana. I have been stationed at XXXX XXXX, LA since XXXX XX/XX/XXXX ( orders attached ). 

To avoid misunderstanding, l am applying for this benefit under the Louisiana Statute and not the Federal. I understand the Federal law limits me to debt accrued prior to service, but the Louisiana Statute does not. 

Thank you for your time and efforts in resolving this matter. Please see below for full statute : Universal Citation : LA Rev Stat 29:312 312. Limits on creditor interest rate : 1. Notwithstanding any provision of law to the contrary, no creditor in connection with an obligation entered into on or after XXXX XX/XX/XXXX, shall charge or collect from a person, or spouse of a person, who is on active-duty interest or finance charges exceeding six percent per annum during the period that the person is XXXX on XXXX XXXX. 

2. Notwithstanding any provision of law to the contrary, interest or finance charges in excess of six percent per annum that otherwise would be incurred but for the prohibition in Subsection A of this Section are forgiven. 

3. The amount of any periodic payment due from a person, or spouse of a person, who is on XXXX XXXX under the terms of the obligation shall be reduced by the amount of the interest and finance charges forgiven under Subsection B of this Section that is allocable to the period for which the periodic payment is made. 

4. In order for an obligation to be subject to the interest and finance charges limitation of this Section, the person, or spouse of the person on XXXX XXXX, shall provide the creditor with written notice and a copy of the military or gubernatorial orders calling the person to XXXX XXXX and of any orders further extending XXXX XXXX, not later than one hundred eighty days after the date of the person 's termination of or release from XXXX XXXX. 

5. Upon receipt of the written notice and a copy of the orders referred to in Subsection D of this Section, the creditor shall treat the obligation in accordance with Subsection A of this Section, effective as of the date on which the person is on XXXX XXXX. 

6. A court may grant a creditor relief from the interest and finance charges limitation of this Section, if, in the opinion of the court, the ability of the person, or spouse of the person, on XXXX XXXX to pay interest or finance charges with respect to the obligation at a rate in excess of six percent per annum is not materially affected by reason of the person 's service on active duty. 

I ask that all future correspondence regarding this request be delivered in writing to my home address listed above. 
____________________________________________________ In a response from the company dated XXXX XXXX XXXX, the request was denied stating facts only relevant to the Federal Statue vs the Louisiana Statue. 
_____________________________________________________ On XXXX XXXX XXXX, I requested a 2nd review via email and provided a copy of the original request, my official orders, and the response I received with the following statement : Greetings : Situation : I recently requested in writing a review of my record and reduction in applied interest rates in accordance with the Louisiana Revised Statue ; Title XXXX. This request was denied stating facts relevant only to the Federal Servicemembers Civil Relief Act. 

Background : I am the XXXX XXXX for XXXX XXXX ( XXXX ) and part of my official duty is providing military affiliated members with information regarding their military benefits and legal entitlements. I complete my mission by bringing in subject matter experts from primary agencies across base to brief twice a week in mass settings. XXXX Legal personnel covers this topic at my briefs and provided our center with the template for the request. Differences between Federal SCRA and Louisiana Statute ( SCRA ) are reviewed in great depth. 

Assessment : It is my belief that my original request wasnt reviewed in its entirety, or an assumption was made prior to understanding the actual request. To avoid misunderstanding, l am applying for this benefit under the Louisiana Statue Title 29:312 and NOT the Federal SCRA. I understand the Federal law limits me to debt accrued prior to service ; however, the Louisiana Statute does not and is applicable to interest rates greater than 6 % accrued before or after joining active duty status while stationed in Louisiana. 

Request : I am requesting a 2nd review of my request and judgement. 

Thank you for your support and willingness to reconsider my request. Your time is valuable and greatly appreciated. 

- I later contacted the company via phone 3x to inquire about the status of this request and each time was given the same response as before. 
_______________________________________________________ COMPANY RESPONSE : The SCRA allows a service member to request a creditor reduce the rate of interest to six percent only for financial obligations that were incurred prior to the service member entering military service. You were on active-duty status when you applied and received your loan. In addition, your active-duty status does not materially affect your ability to repay your loan. As such, your account does not qualify for the requested reduction in your interest rate. 

_______________________________________________________________ Per the guidelines in Universal Citation : LA Rev Stat 29:312 312 : " 6. A COURT MAY GRANT A CREDITOR RELIEF from the interest and finance charges limitation of this Section, if, in the opinion of the court, the ability of the person, or spouse of the person, on XXXX XXXX to pay interest or finance charges with respect to the obligation at a rate in excess of six percent per annum is not materially affected by reason of the person 's service on XXXX XXXX. '' In this case, I was informed via phone call that the company 's SCRA attorneys made this determination and NOT a court.