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Big L · Posted: Fri Feb 08, 2008 8:17 am Subject: Losing my Mind

Not sure if this is the right forum, but maybe someone can help me out. On 1/3/08, I had $794.00 taken out of my checking account for a mortgage payment check that I wrote. Well it turns out that the mortgage compnay never got this check, but some company named Bank First Action Card did get the check and cashed it even though the check clearly did not have their name on it. I followed the procedure of filing an affidavid with my bank to get the funds reversed, but 6 weeks later still no funds. I contacted thsi Bankfirst Action Card around 1/10/08 and let them know that they had no right to cash the check and I wanted my funds back, and they asked me to fax a copy of the front and back of the check which I then did. A few weeks went by and I called them and asked when you going to get my mmoney back to me, and they told me a check had been mailed on 1/23/08 and I should get it no later than 2/5/08. Check never came and I called their customer service and they tole me to give it a few more days, so I did, but still no check. I called them today and now they tell me that they have no notes in their system about any checks. I had to go to a payday loan to pay my mortgage because of this, and now that is due and I do not have the funds to pay them back. I basically have 3 questions:

1. What should I do about the payday loan?

2. What should I do about the Bank First ?

3. How do I get a physical address for this company (Action Card bank First)? Their customer service tells me they have no address except a P.O. Box and the Attorney GEneral in Ohio told me that I need a physical address to file a complaint. How can I get their address?

Thanks

Losing my mind in Ohio

Posted: Fri Feb 08, 2008 8:29 am Subject:

Do you have an account with Bank First Action Card?

Big L · Posted: Fri Feb 08, 2008 8:44 am Subject:

Posted: Fri Feb 08, 2008 8:44 am Subject:

About the payday loan...I see you're in Ohio.

Who is the PDL with? How much did you borrow and what have you paid back?

Big L · Posted: Fri Feb 08, 2008 8:46 am Subject:

$600 with FIrst American

Posted: Fri Feb 08, 2008 9:03 am Subject:

Hi BigL...Is First American a storefront or internet PDL? When is it due?

Posted: Fri Feb 08, 2008 9:10 am Subject:

First American Cash Advance is a storefront here in Ohio. The best thing to do is try to make payment arrangements with them. They are a legal company and will take you to court if you don't pay them.

Guest · Posted: Fri Feb 08, 2008 10:07 am Subject:

They have to have a physical address to even be issued a PO Box. Call them back, ask for a supervisor and don't stop asking until someone gives you the physical address to send a certified letter.

They owe you money so you have to be as pushy with them as they would be trying to collect from you.

Posted: Fri Feb 08, 2008 1:54 pm Subject:

Oh my gosh!! What the heck did they apply that payment to??? I don't see how they could cash a check that was not made out to them. I am surprised that the bank did not catch this. Stay on them. That is a lot of money and heck, I would even push to try to make them pay any late fees you may have gotten for the mortgage payment.

Guest · Posted: Fri Feb 08, 2008 6:26 pm Subject: r

Action Card/Bank First
Address: Sioux Falls
Website: bankfirstcorp.com
Sioux Falls, South Dakota
Tammy Chesley
605.988.3458 phone
605.988.3490 fax
tammy.chesley(at)bankfirstcorp.com

Posted: Fri Feb 08, 2008 11:33 pm Subject:

Big, this is check fraud on the part of Action card. If that check was written to your mortage company and was cashed by Action Card then they A)opened mail not addressed to them (federal crime)B. Cashed a check not made out to them (again a federal crime) You should contact the attorney general in your state pronto! These people should be prosecuted and you should be reimbursed for every dime you have spent to make this right.

Posted: Sat Feb 09, 2008 2:34 am Subject:

stargzr you are so helpful on this site thanks!!!!!!

Posted: Sat Feb 09, 2008 9:32 am Subject:

Socks, that is GREAT!! You are so clever!! And to get back to what Stargazer said, I would sue for every dime and damages. I also think they should pay your PDL off for you, since you never would have gotten it if they hadn't cashed the check.