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BrianS · Posted: Thu Jan 17, 2008 1:58 am

Hello,

I have read through the forums with interest and seem to keep getting "mixed" info.

First, my personal info,

I live in Ohio, with 2 pdls in default:

Checksmart - 400 borrowed (460 total in default)
Cashland - 400 borrowed (520 total in default)

Cashland is being fairly decent, mildly stern calls to my home and now work (my phone is disconnected), but Checksmart has been ridiculous--they called my house before the disconnection and told my 14 year old son that "His daddy was a bad man and was going to prison", they have called my references, including my mother who is easily freaked out, calling me a criminal or a deadbeat(two of the nicer terms), and basically told them that they could do what they want (when asked from refraining to call them any further) and they (my references), saying they should get me to pay my bills, using foul language to my family and co-workers and disclosing the facts about the loan to anyone they contact. One guy told one of my bosses he'd call the f***ing store as much as he felt like and when told this was harrassment began screaming obscenities and laughing. I believe these people are out of their minds.

Now for my questions:

1)Do I have any legal recourse for the above actions or should I just suck it up and try to get them paid off?

2)One lady from Checksmart is threatening passing bad check charges. Does anyone know if this is legal or not in Ohio? I keep getting conflicting reports.

3) (related to above) If I file bankrupcy can bad passing bad check charges be filed?

Any help would be appreciated as I am a single parent of two children ages 14 & 15, barely scraping by and unable to repay these back at this time due to an unforseen circumstance that happened to my car before Christmas.

Thanks in advance.

Brian

Posted: Thu Jan 17, 2008 6:06 am

Hi BrianS, these people are clearly violating the FDCPA laws and should be reported to your Attorney General's office (link for Ohio is in my signature). Here is the link for the Fair Debt Collection Practices Act (it's a primer), looks to me like there are several violations according to your post.

Posted: Thu Jan 17, 2008 6:42 am

These are both storefronts right?
Unfortunately they are not governed by the FDCPA if they are First party, in which if it is the cash advance place themselves calling, they are first party.

However, it does not excuse this ridiculous behavior and harrassment.
Because most storefronts are operating legally, they can pursue legal action to collect.

Have you contacted either of these places to make arrangements?

Posted: Thu Jan 17, 2008 7:08 am

Not governed by the FDCPA? Then who are they governed by? Doesn't seem right that first party creditors are able to tell you to bend over and take it. Confused

Posted: Thu Jan 17, 2008 8:54 am

As I mentioned, not being governed by the FDCPA does not excuse their behavior...and its not a golden ticket to treat people badly.

They would be governed by state specific collection laws, but not the FDCPA.

Posted: Thu Jan 17, 2008 8:59 am

As far as the bad check charges go, yes. Ohio actually has a special court for this. It's not quite the same as a bad check, but you still have to go to court. It's more like a mediation hearing between you and the payday loan company. They will want you to pay in full or set up payment plans with them. So it's not as bad as passing a bad check, but it's still not good.

If you filed bankruptcy and included this debt, then yes, you should not face charges. But it will also depend on some other factors, like how long you've had the loan.

Posted: Thu Jan 17, 2008 9:11 am

I had pdl with both of these store front companys. I did an epp on both of them. Made 4 equal payments with no additional interest. Checksmart also paid 4 equal payments no additional interest. Had to do paperwork at least one day before due date. Had to do it when the manager was there. The only thing with checksmart was that I did not get back my check when paid in full. They said they send to corporate office. I do have my paid receipts. I just feel that I should have been given my check back. The clerk assured me that corporate would shred it as soon as they are notified by their store.

Posted: Thu Jan 17, 2008 9:23 am

Unfortunatly, the orginal poster wouldn't be eligible for the EPP, since they've already defaulted on the loans.

I would make sure that you had some sort of proof that the check was shredded. I wouldn't trust them.

Guest · Posted: Thu Jan 17, 2008 9:27 am

volleyballmom

Posted: Thu Jan 17, 2008 9:28 am

I forgot to sign in, that ^^ was me. Whoops.

Guest · Posted: Thu Jan 17, 2008 6:31 pm

Thanks all for the info!

Yes they are both storefronts. I have tried in vain to make arrangements with Checksmart, it's all or nothing and they won't let me get a word in edgewise. It seems all this lady wants to do is make me suffer for the "money I stole from them" (her words).

The Checksmart loan is from November 2007 and the Cashland is from December if that helps.

Considering that I may have to file bankruptcy anyway due to other defaults (not pdls) and problems that have arisen just in the past month or so, I just want to be sure I'm in the clear. I hate to have to do this but I may be getting heart surgery soon due to blocked valves and years of stress (this ain't helpin') and high blood pressure. Both say they won't take small payments that I would gladly give them.

Posted: Thu Jan 17, 2008 10:10 pm

Brian, please contact the better business bureau and the state attorney general and tell them what these people did. It may not change your situation but it may prevent them from continuing to harrass people and call peoples children.

Guest · Posted: Fri Jan 18, 2008 4:16 am

Another word of advice to add to stargzr's - please call each one of the storefronts corporate office. Put in a formal complaint regarding the harrassment from these people.

Posted: Fri Jan 18, 2008 7:54 am

Also, be aware that a debt may not be dischargable if it's newer then 3 months old at the time you file.

This means that if you have debt that is only a month or two old, the creditor can object to your BK and the case can be thrown out. This is part of the new bk laws that went into effect a few years ago. It's meant to stop people from going out and intentionally running up a bunch of debt because they know they are going to file bk.

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