I have already closed my checking account. The only account I have is a savings account. They are just calling me daily with threats, even though I have an attorney that they know about they still insist on calling my job. Good thing I have an office otherwise I would be fired by now.....

I noticed I was a negative 358 dollars from my checking account due to an unauthorized ach withdrawal that Riscuity process for a payday loan I had failed to pay on. It cause 120.00 in overdraft fees and I never got a phone call or letter stating that the pull was going to take place. When I called the 800 number listed on my bank statement I was informed by Riscuity that according to the fine print on the contract I had signed that a stop pay issue or insufficient funds check could be redeposited to collect the debt. The kicker of this all was the stop pay I had placed on the check # they referenced was from a different bank than the account from which they pulled it from. I have no idea how they got my Bank One Account #. I wasnt disputing the debt and wanted it off my bank but I did request the overdraft fees from this company as I felt this was fair. I told them to get a copy of this supposed check and they would see that it was not the same bank from which the pulled. The woman was polite but uppity in her reply that what they did was ethical and they had attorneys on site as to such. As a single mom at Xmas time to recover a debt A year later and leave me with nothing for my kids for two weeks was unconstitional. :evil:

[ben]

Guest, send a cease and desist letter to the company and cover your basis legally.

Okay, they can only debit a checking account for the funds. If I closed my account then there is no way for them to debit my account. As mentioned earlier I only maitain a savings. Could they debit my savings?

[Lcarib99]

Yes, they can still debit your savings account, but only if you authorize it.

Personally, I will never again give out my banking information to anyone. For now on, I will send money orders only, as there has been too much unauthorized use in my account(s). Even one creditor I had at one time made a pmt using my debit card, and they later ran my card again for the remaining balance (quickly reversed by my bank once I submitted the unauthorized debit form).

DO NOT give out your account information. You could be in my situation now, unable to make a payment, and then someone would pull a quick one on you and send their letter of demand to your employer, expecting the entire amount. My company's payroll will also not put themselves in any other position, either, as they want to avoid being sued.

Just make a reasonable pmt plan, and stick to it. If they ask for postdated pmts, tell them you have no checking account and send money orders. The buck it costs to get a money order will save you in the long run!

They are a rude, unprof group of people. I was "not" a problem employee, i had pride and did not want a law suit against me, i got out before the law comes down on the company, riscuity was capital crossing at the beginning, due to name rights they changed to riscuity, they have an office in makati city, philippines and an office in georgia, but the office that these people(named in complaints) breaking the law work out of kennesaw or as you have it atlanta office. The owner main person is edward chen, who lives in duluth georgia, they are backed by a company known s tdg, the former ceo was term as well as his management team becasue he tired to stop the actions you read above, please check the company licience in each state, you might find they are not even licenced to collect in most states. The state of tn they are still running under a previous persons lic. Someone that has been gone for over a yr, i wish i could tell you more, i am not sure what legal action they could bring against me if they know who i am. I really do not want a problem but i was in upper management and can shock the socks off you with what i know.

That is only if I authorize it with them correct? Because at this time I hvae to idea about the papers I sigend with the Payday advance place. And I have never gave Rescurity my banking informaiton. I have already talked to my employer and they said the will only take funds from my check if court orderd. Now I will talk to my bank. In addition, they are refusing payment plans and just want the lump sum......

you can tell your bank it was not authz and they will have to reverse the charge, the only way they can do it is if it is a judgment was entered to take it out of a different account. They are not going to give you fees, I know that, you gave in to easy, demand the org ck copy and demand a copy of the contract you signed, do not let them fax it, it can be altered, you cut and paste and it looks like yours, get a copy mailed, get your bank to reverse it and don't stop yelling until this is done.

My account has only been in the Riscuity office for 3 weeks. Is that long enough for this to happen and for me to receive the threats?

Each state has laws for writing bad checks, the amount of the check is important, you can be charged with a crime, IF your state law lets them and again based on the amount of the check, they are not going to bring charges like that, all they are going to do is try and get a judgment in court, then if and I say if you are in a garnishment state and the judge agrees they can garnish your wages. Not every state permits garnishment so check your state laws. If you let it go to the judge they have to come to you, in your state and file in the county you live in, then you can go infront of the judge, show your income ability and he or she might let you make small payments, or place a judgment against you and give you time to pay it. this does not happen that over night, you also need to look into the SOL, statue in your state, each state has a diff statue. IF you are in FL, TX or PA, they can not garn you and if you are a federal employee they can not garn you in any state. I would tell them go for it, then start sending in 25.00 or so until paid, with a cease ltr

Well, if anyone knows how these places work. They request you to write 2 or 3 checks for that equals the amount of the loan. Then if by any means the entire amount isn't available they try to deposit 1 check at a time. The total amount of each draft is less than 250...

[ben]

Guest, when funds are not available within the next payday, extra fees is getting added for each extension taken. The rates of interest on default are exorbitant.

Never take a payday loan if you are thinking about it. These loans are dangerous. The complete financial system will get ruined. It is only for those who have enough cash available to pay within the next payday.

CLOSE YOUR ACCOUNT, this will stop the redeposit of these checks, if you don't each time they try there is going to be another charge, both at your bank and with them. The fdcpa states you have 30 days to dispute, request proof before additional action can be taken. If you dispute this in writing, or FAX keep a copy of fax trans. then until they produce proof copy of the check, not contact alone but the check in question then they can do nothing. If you know you owe it, never , never give them the upper hand, get the address and mail them a money order, make sure you close you account or put you bank on guard this company is trying to take UNAUTH. funds, but make sure you close the old account, if not today then tomorrow or next month or a year from now they will try again.

I to had problmes with this company, in research i find they do not use their correct names, they change day to day, i also found they do not licence the company in all states and you must register aka names and they are not doing it. Mr Davis is still employeed he uses a different name. I filed a complaint and will continue to try for class action against Riscuity for unlawful collections in states they are not licenced to collect in, i have and will continue to do what is needed so no one else has to deal with this type of harassement. We all made mistakes and Payday loan was mine, I suffered more using Payday loans then being broke in the first place. Riscuity was a eye opening to what type of trash people will hire. This company will get it, what goes around comes around and the law suits will start and soon.

[roxette]

Maryt

Welcome to the forums.

You might get some help from your phone company. Request them to block the calls from this number.

If Riscuity really holds your debt account, then you should insist for a debt validation. They are necessarily required to put the account details in front of you. If the debt is not validated and they still contact, consumer protection afforded by the fdcpa is violated under Section 809 (b). Take legal counsel and sue them up to the extent of the damages. You can get up to $1,000

I was recently contacted by Riscuity asking me to pay a delinquent account. I explained that my ex-wife used my name then (when we're still together) in opening the account. I expressed my willingness to pay the account. However, I gave a condition that I receive a writing from the collection agency stating that the account wasn't really mine but since I will be paying for it just the same, they will be committed to deleting the entry from my credit report. Is this possible??