I to had money taken out of my account. Riscuity collects on Payday loan accounts from my understanding. After battleing with them over why they took the money out, it was explained to me that becuase my check to the Payloan company bounced they (riscuity) had every right to redeposit that bad check.

The gentleman I spoke with faxed me over the laon application that I signed to get the payday load and it clearly indicated, in the small print of course, that redepositing can and will be done if the check was unhonored from my bank.

The check I wrote to the payday loan company was unhonored becuase of a check someone wrote me that did not clear the bank. This caused a ripple effect on my checking account causing numerous checks to bounce. It just so happens that this was one of them.

Anyway, before anyone goes and wastes their money trying to seek legal advice against them (riscuity) I suggest you look at your loan applications. I would hate to see you throw good money after bad trying to fight them over something that you will not win on.

Steve

Steve,

Thank you for the information. I checked my loan application and yes it says that redeposit is part of the collection of a check that bounces. I was unaware of this. I thought that once a check bounces it can not be redeposit. I called my bank and they told me that a check that did not clear the bank can be put back in "at the discretion of the payee" within a reasonable time frame.

I was contacted by a company in Mississippi that collects these accounts for this company Riscuity. I do not know what the relationship is between the Mississippi company and Riscuity.

I had no problem with the people at this Mississippi company. They were easy to talk to. They were flexible with me as far as setting up a payment arrangement over 3 months.

Linda

I totally agree, do not let these "fleas" know any of your account numbers or phone numbers. Not only have they called me at work, when I specifically asked them not call me at work, the "flea" at the other end, "KC Lewis" she called herself, started screaming at me. I work in the Chairman of Pediatrics office at at major hospital. People all around, and this person is screaming. I hung up the phone and she called back several times. She called once when I was out of the office and harrassed my co-worker stating my co-worker was me because I always answer the phones. You know these can not be American people, they don't even know how businesses work. When she called again, I again asked her not to call me at work, with everyone looking at me, and hung up again. She again called me screaming. Not only if I knew her real name (you all know that they do not use their real names), I would find out where she works and have a face to face "talk" with her. I asked several times to speak to her manager and she would not let me do that. Then one time she told me to hold and put someone on the phone who sounded just like her with a different name. Then she/they started calling my mother and fathers house and they are in their late 80s, and how they got their number I have no idea, and started harrassing them. My father has had a stroke, my mother did not know who was calling or why (the "flea" could not speak English well enough for anyone to understand her). And when my mother hung up the phone, this "flea" called her back several times raising her voice to my 80 year old mother. I told her not to be calling them and told her of their situation twice. And last evening I stopped by mothers house and this "flea" called them again doing the same thing. When I got on the phone she started screaming again. I am definitely going to seek legal advice and hopefully sue Riscuity. I also have asked them to send me, in writing, what they say I owe, and they have not done so. It is one thing to harrass me, but to harrass two old people who are disabled is totally uncalled for and there is no excuse for it. They say I owe $100, and for this they harrass me numerous times and harrass my aging parents. If I prove that my parents have reprecussions from their harrassment, I'll own Riscuity. Thank you for the addresses, I will send a letter to each one, because when I asked this "flea" for the address she would not give it to me. You have to wonder why???

[ben]

Hi loubie

I am sorry to hear about the troubles you and your parents are going through. You have to send a cease and desist letter to Riscuity so that they are put within the legal restrictions and stop calling you.

Send your letter through certified mail with return receipt requested. You will have a proof that they have received your letter and also, you can take actions if they violate it.

u know wat you got issues and thats not their problem anymore! just pay your debt..as simple as that

It's not the issue of paying the bill. All they have to do is send me something in writing. I'm not going to send $100 to anyone who calls and says I owe $100. Not only that, but there is no call whatsoever to talk and treat people that way, especially aging ones. I do have issues about this. I have always paid my bills and if I owe this one I'll pay it also. I don't think I do, but we will see. But like I stated there is no need to be treated or talked to the way they do to people.

Rescuity has been nothing but headaches over and over again. I have tried to make payment arrangements but they are constantly telling me that they need a payment to hold the account from being turned over to the local attorney offices and taking me to court and pressing criminal charges for a defaulted cash advance account. After talking to my attorney she informed me that this was illegal and I could press changes against the corporation for this matter. Not only that if the issue was to resolve the issue they should be able to wait a week or 2 until I have the funds available. Now they are telling me to hold on to the money that I was going to send and just get an a lawyer because they are going to take me to court and sue me and or get jail time for bouncing a check with a payday advance place. Also, they play tactics like being rude, threating and talking down about you and then say hold on...come back to the phone and inform you that the call is now being recorded. This is fine because I kept my cool and contacted my attorney right after the phone call. These people names are Mr. Lundy and Frank....Frank never gives his last name so you can only guess who is making the threats. But they are both making threats which is illegal...calling my job is illegal.....threating with criminal charges is illegal.....telling me they rather sue so they can get more money is illegal....at this point I am waiting to go to court so I can step in with my lawyer.....

[ben]

Newuser

You are in the right direction. Take the advice from your lawyer and pen down the legal charges that you can file against Riscuity.

Riscuity debited my checking account and I don't even know who they are or represent, there was an unauthorized amount of $610 taken from my checking account. How are they able to do this without my authorization?

These trolls coming in here cracks me up. All of you that have a case need to file suit on these fools. If we don't they'll keep doing this kind of stuff. I have a collector trying to come after me for a 15 year old debt. (HELLO! It's way out of statute!) I hope they try to get a judgement on me. I'm just waiting for them to put something on my credit report so I can sue them. Please people, take action or it will never stop.

[LCW]

Something very important to remember, just because they say "a bill needs to be addressed or face serious legal action" DOES NOT mean they are threatening to have you arrested. They ARE PROBABLY THREATENING a law suit ( which is also illegal unless they actually intend to follow through and file the suit). Its kind of a who flinches first situation, do you flinch first and pay?? or make them flinch and follow through on their threat of a suit. If they do not file suit then you can sue for Violation of the fdcpa.

Can these guys take you to jail for not paying a payday advance loan? I am asking this because they keep saying I commited a felony for not honoring a check to this place.

[Lcarib99]

They cannot send you to jail. That is just another threat!

I appreciate the note from a representative of the company, earlier mentioned. It's nice they have their set of principles and procedures. However, I am quite certain they won't terminate everyone all at the same time for breaking the law.

I have retained an attorney who is well experienced with the fdcpa and is going (if he hasn't already) to be filing in Federal Court a lawsuit. The messages left for me are unbelievable, no matter how polite the collector appears to be. He had broken the law.

But if check fraud is a felony crime, writing a check to a payday advance place that is not honored is a felony right? This is one reason why I am so afraid.....

Do some research on bad checks or hot checks. A bad check is when you fail to pay for a merchandise on delivery COD. A post-dated check for a loan is not a bad check because when you wrote the check both parties knew it would bounce back and thats why it was post-dated. Also there is no merchandise that you receive from a payday loan company.

Therefore, a bounced-back check for the payment of a loan is not considered check fraud. period.

When I told my counselor at CCCS about the arrest threats, he couldnt help laughing his ass off.

[Lcarib99]

Did you really write a check?

I tell you, I had made a disastrous mistake a year ago with taking out several payday loans. One after the other, as the finance fees that would come out every payday would put me under, and I'd need yet another to cover the bills. It got WAY out of control. Before I knew it, I had to close the bank account to settle things one at a time. And it's not been pretty.

I finally had to get into debt counseling, who ref'd me to an attorney well associated with the fdcpa. You can check out who is available in your state. Indicate the specialty of "debt collection" and you'll find your person.

I had several agencies willing to work with me, and handled them just fine. Then there were the others, who in fact, had access to my banking information, and before I closed the account, were able to withdraw funds without my knowing (it occurred outside of a payday, like a good week past).

One of the collection agencies representing the payday loan lender had ALL my information, so on top of breaking the law by telling me that I was going to be prosecuted for FRAUD for "writing a check on an account that was closed" and then later deducting the full amount owed to the company this agency represented (on the same bank account, I might add, the collector stated that I had closed and written a bad check on!!!!).

Tape ALL messages and record ALL calls. There are certain states where recording is permissable, and other states where it is not. Your attorney will help you with that. Once my attorney heard the messages left for me from this collector, he told me to NOT erase anything, and to save everything. This was BIG money, and even though my debt has now been paid (the collector submitted an electronic check #101 for the amount owed, and an indication with "no signature required" where my signature would normally be), I hope to regain that PLUS damages.

P.S. Some FDCPA attorneys work probono. I have not had to pay a dime since I retained him--he gets paid when they collect on the lawsuit. In addition to all the damages I am entitled to.

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