Checksmart is making threats

What state are you in?

Darnit my fingers were working faster than my brain...I meant to say...The only thing checksmart can do is a)turn you over to a third party collection agency or b) take you to court as a CIVIL matter...so I don't know exactly who he was planning to turn you into...

I haven't personally dealt with either company, but it is most likely just an empty threat to try to get you to pay them. You have signed up with a consolidation company. Even if we did live on some planet where they could "turn you in" and you could go to jail, the judge would see that you aren't trying to avoid paying them, you've hired a company to help you. But you can't go to jail for defaulting on a payday loan, so that isn't a worry. The worst they can do is turn you over to collections. I would call T&C as soon as they open and tell them what the company said, and that you are nervous about the call. I've heard good things about T&C . . . .

I have an insane amount of experience with Checksmart - 7 years worth and have probably given them over $10,000 of my hard earned money - no exaggeration on that either. Did you write them a check on a closed account, or did the check just bounce? Also, keep in mind, you'll have the store calling you and the corporate office. The store is easier to talk to - corporate is just plain nasty. I have a friend who's actually going to court with them next week, but that's because he was writing them checks out of a closed account.

Thank you for the replies. I live in Ohio. I have done quite a bit of research on these PDL's that I have. I just want to get out of this mess that I have put myself and my family in. I have been watching this forum here for quite some time and I have learned a lot of things and I thank everyone here for that. I called the Department of Consumer Finance on Friday to see what the law states about repayment plans were for the State of Ohio. She told me that the laws are not very specific about repayment plans. She did also tell me about a website that that the payday advance industry has started. It is cfsa.net. There is some good information on there that states the the companies in this affiliation are to follow a certain criteria called best practices. It does state on there that the PDL company is to offer a replayment plan for people who are having trouble repaying the loan. I am wondering if I sould call Checksmart back and disclose that I know this information?

I have too put Checksmart under T&C and going through the same stuff as you (i'm also in Ohio). T&C have told me many times they worked with Checksmart before. I'm putting my trust in with T&C and hopefully everything works out ok. I just don't like knowning the what if's but I guess I put myself in this situation. I also called Dept of Consumer Finance and they told me to send a letter to Checksmart corp office to ask them to accept my repayment with T&C and to call them back if this should go to court. But to be completly honest with you, I've heard you have 48 hours to repay before this is submitted to court for weeks now. Last week I sent T&C my first two payments and told T&C to pay them first, so hopefully I can tell you more in a few days.

I finally paid them off. Checksmart's corporate office is not pleasant at all. One woman was actally screaming at me on the phone telling me they don't take payments so they can sue. Go into the store. They are much easier to deal with. I spoke to Audrey Hutchings at the Division of Financial Institutions and she said to not even deal with the corporate office. Go directly to the store with some money in hand and make arrangements with them directly. I didn't do that but I can say that they will eventually take you to court but a few months went by before that happened. I paid them with my income tax.

I just called T&C and I talked with Jessica there. She told me not to worry, that this will probably happen for awhile until these companies started accepting the payments. She said that she will call them for me. Also, Checksmart corporate office called me a couple of minutes ago and asked when I could come in and payoff the loan. I told her that I have signed up with T&C and that they would be calling her today. She told me that they will not work with T&C. Has anyone had success with T&C working with Checksmart? T&C says that they will Checksmart say that they won't. I would just like to know for sure who to believe. I know some of you here have dealt with T&C and Checksmart. Any advise would be greatly appreciated.

I am or was in OH too, repayment plans are allowed by the state of OH so my recommendation is to go into the store as well...I had the same problem with the corporate office

What is T&C? Is there a place that works with payday loans? I have taken care of mine myself.

T&C is a place that consolidates payday loans.

I'm in Ohio as well. I don't have any experience as far as working with T&C though, sorry. I just took a personal loan out a few weeks ago to pay off $2200 worth of advances to 4 places and some outstanding medical bills. Luckily I have a credit union that I've been dealing with for 2 years that was willing to lend me the money even though my credit is in the pooper.

Do not call corporate, do not talk to them, it won't do you any good. When they would call me, I would just tell them that I was working with the store and if they had any questions, contact them and I'd hang up. I know what you mean though about them screaming at you. I had one girl a few years back go crazy on me over the phone. I called back and asked to speak to a manager immediately. He pulled the conversation tape (which I was never informed I was being taped) and heard the things that she said to me. He called me back a little bit later to apologize for her behavior and said that she was immediately released.

At the same time, you might consider sending the cease communication letter that's posted all over on this forum just to save some sanity for yourself. I understand how they are though. They will call your house, your work, your family, friends, anyone that you listed as references on your original application.

Unfortunately, my brother got in the same scenario with them and the store did take payments, but they insisted on him paying half up front. They were calling me all of the time about his account too. I told him that they disclosed all of his loan information to me which I'm pretty sure by reading everything on this forum is illegal to do.

C&D don't apply to original creditors and inhouse collections.They are exempt from fdcpa.

There are supposed to follow "best practices" but they do whatever they want. I have noticed though that if I am dealing with one really nasty person if I wait awhile that person usually isn't working there very long. I wondered if you should file complaints when people are being harrassing and yelling and screaming unnecessarily?

Now everyone is suggesting that I go into the store and make payment arrangements. My question is, since I have already contracted T&C to consolidate these, should I offer up something different? T&C told me that they would take care of this for me and to not worry. I just don't want any further trouble from them. I just want to make arrangements to pay them back.

Didn't know that Cajun, thanks. See, I learn new things on this site everytime I check in.

pdlnightmare - I blocked there numbers from my phone a few times too. The store and each 800 number that they would call from. At least it would give me a night or two of quietness.

I don't know much about T&C but if you are working with them and they tell you they are taking care of it, then let them. I have heard nice things about the company and even if they did try to take you to court, the fact that you are working with T&C looks very favorable...I think we were just trying to say that the store is easier to deal with than corporate office

A little info about collections:An original creditor or inhouse collections are exempt from fdcpa entirely.There is an exception to that rule. If they speak with you or write you and say they are with another company to mislead you,they would be subject to the FDCPA. Most states have laws regulating how a creditor can recover their funding.It is usually listed in banking or other financing code. The title of the relevant law is usually pretty close to the same as the Federal Trade Commission Act. Unfair and Deceptive trade practices.There are also laws on harassment by phone or email that you could apply to them if they are in violation of them.Again they differ from state to state.

pdlmightmare - any status update? Just curious as Checksmart has been a pain in my side for years.

I am still working with T&C in regards to Checksmart. I have also spoke with Checksmart a couple of times. The guy at Checksmart actually has been pretty nice, however, he says that they will not accept the payments through T&C. I spoke with T&C yesterday and they have already sent a payment to Checksmart, but I don't know the result yet. I am also working with Express Payroll, which is an affiliation with Checksmart through Buckeye Check Cashing. They are very nasty to deal with. A lady called me on Friday and told me that she was going to turn me in for writing bad checks. I talked with the corporate office yesterday and they said that I had until the 15th to pay the loan back and then I could reborrow again. I do not want to go this route. I am still hoping that everything will work out with T&C as they say it will. I will keep you posted when I know more. If anyone out there has dealt with these companies and T&C any input would be greatly appreciated. I just hate this waiting game. Thanks.

That was my post above. I forgot to login. Sorry.

This week will be my second payment to T&C and hopefully I'll find out more about Checksmart and Express Payroll. I know last week Checksmart store called T&C and said they will not work with them when they got their proposal letter. T&C said they worked with them in the past and I'm hopping everything works out. I have not received any calls from Checksmart/Express about it, but last week was my deadline to pay before they file it in the courts. I've checked the court website and I have not seen any cases filed against me. Also Always Payday and National Check Cashier collections told me they will not work with T&C but the calls stopped too, but this is also past their deadline to pay.

Has anyone been taken to court by these companies in Franklin County in Ohio? If they should take me to court, do I need to hire a lawyer or is this something I can represent myself with a letter from T&C?

I am not a hundred percent sure about hiring a lawyer...seems like a lot of money on a pdl but I would say the fact that you are trying to make an effort to make payments to them would certainly be in your favor! So take any paperwork you have regarding this matter..also I am pretty sure that in OH repayment plans are permitted so the judge may just set up a payment plan between both parties(which is something checksmart should have just done in the first place)

I agree with Leah that it would be quite expensive to hire a lawyer to fight a pdl since you are trying to make payments. I think that the judge would look more favorably on your part for trying to make an effort to pay it, and they are being hard ot get along with and don't want to accept the payments that you have offered.

T&C told me they wouldn't think I would need to hire one and if I needed one, T&C would write up a letter for me. The thing is, I have so many pdls T&C propsal was only $12 a month for them and thats the only worry I would have in front of a judge. But in 3 or 4 months, I will have a few pdl's taken care of and that would be more money for them at that time. I have increased my bi-weekly payment to T&C from $102 to $250 a month.

Its not really clear for Ohio if payment plans are allowed or not. Ohio Division of Financial told me its up to the company for T&C repayment prospals but to give a call to ODF if it should go to court.

I think that you are doing the right thing keeping in contact with the ODF. It is my understanding that in Ohio you have a right to a repayment plan; however they are not required to accept payment plans from a third party.

Does anyone know if you can go to jail for not repaying a payday loan in a certain length of time. I have someone calling me telling me that they want halsf of the money now or else.

No you can't go to jail:)

I was just wondering if anyone else noticed the contract it self. (It states that I have 60 days and should be provided with a consolidation source should I not be able to pay.) I became unemployed when my workplace closed. I applied for unemployment the next week, but not only does it take two weeks to get it, it is only for one week the first time. (I've never applied before) I had been paying my phone bill and putting money in my bank account which was overdrawn. I had no idea they didn't pay check smart because I didn't use my account after I saw that it was negative (it had marked that it was withdrawn, so I thought I only needed to pay back the bank.) When I started getting harassing calls I tried to explain. When I said I became unemployed they said "who's fault is that?" I wanted to say "the president's" but instead I said "not mine, honey, or I wouldn't be getting unemployment!" She called me, "Nasty" and hung up on me. I was going to tell her I had $20 dollars cash that I was going to money order her but I instead just sent it there with a note saying I was doing my best and this is all I could do at this time. I just read about sending a letter requesting mail contact only, and I think I'll try that. I do intend to pay and hope to find a job with in the next month (I go back to a winter seasonal job in October but I know they won't wait that long.) But I have had to move back into my mother's and really am struggling till I find a real job again. The unemployment pays less than half what I made before and I was already a month behind, which was the reason I took the loan in the first place. My car had broke, and I had to get a new used one, which took all that I had saved specifically for the slow summer months when it is hard to make a decent wage anyway, but I didn't expect to go to work one day to find the doors shut!! Any body got any suggestions besides the letter?

I was just wondering if anyone else noticed the contract it self. (It states that I have 60 days and should be provided with a consolidation source should I not be able to pay.) I became unemployed when my workplace closed. I applied for unemployment the next week, but not only does it take two weeks to get it, it is only for one week the first time. (I've never applied before) I had been paying my phone bill and putting money in my bank account which was overdrawn. I had no idea they didn't pay check smart because I didn't use my account after I saw that it was negative (it had marked that it was withdrawn, so I thought I only needed to pay back the bank.) When I started getting harassing calls I tried to explain. When I said I became unemployed they said "who's fault is that?" I wanted to say "the president's" but instead I said "not mine, honey, or I wouldn't be getting unemployment!" She called me, "Nasty" and hung up on me. I was going to tell her I had $20 dollars cash that I was going to money order her but I instead just sent it there with a note saying I was doing my best and this is all I could do at this time. I just read about sending a letter requesting mail contact only, and I think I'll try that. I do intend to pay and hope to find a job with in the next month (I go back to a winter seasonal job in October but I know they won't wait that long.) But I have had to move back into my mother's and really am struggling till I find a real job again. The unemployment pays less than half what I made before and I was already a month behind, which was the reason I took the loan in the first place. My car had broke, and I had to get a new used one, which took all that I had saved specifically for the slow summer months when it is hard to make a decent wage anyway, but I didn't expect to go to work one day to find the doors shut!! Any body got any suggestions besides the letter?

The letter will not do any good becaue it only for 3rd parties (collection agencies). They are horrible company to work with.

I just had the same problem where coprorate is calling family members and leaving a lot of messages. I just came off of maternity leave and returned back to work monday and recieved a voice message that if i did not have the money by the 5th of december that i would have to get a lawyer and at the end of his message he told me good luck. I don't have a problem paying it back but being on maternity leave you don't earn a paycheck.

Checksmart is an aweful company. I don't have a payday loan with them but I did use them to cash a check that my aunt wrote me because her bank was not open on Saturdays. They did their verifying of the check and charged money for cashing it. The problem came in when, surpisingly, my aunt died two days later. We called the bank and notified them so her account was frozen until the will named an executor. In the meantime the check hit the bank and was returned. I got a letter asking me to pay a $35 return check fee but a phone call with a man yelling a screaming about how he was going to call my job everyday and turn me in to the police because he doesn't care anything about her dying or the account being frozen. I could not get a word in edge wise so I hung up. I will contact my lawyer on Monday morning straight away to make sure I do everything the right way.

the estate technically would be responsible for paying any fees associated with this, unless fraud can be proven. I am surprised everything moved so fast, normally it takes a few days to act on that sort of thing?

keep in mind the people from the corporate office are paid a commission for collect the debt. That is why there are threats and pressure. I have been told they would call the local police and have me arrested for writing a bad check. Some of the agents are better to deal with then others but I agree go into your local store and make payments

I have not used this company but they call me as a contact for someone that did. They are the WORST in customer service and I am surprised that they can get away with the amount of BS that they toss at people. I am sick to the gills with those people calling me and they are rude as ever. They all need to be canned and sent to some sort of training seminar.

Because they are not third party collectors they know that the FDCPA does not apply to them however most states have laws in place that paralle the FDCPA and apply to all collections. Check with your states attorney generals office. That is where you will file a complaint also.

i too used checksmart for a small loan and paid back on payday. it is the same as your credit cards. you use them, you need to pay it back. these loans are a temporary solution. dont borrow what you cant pay back. it is in business to make money. it is funny how people want the money at the time and then when it comes to payback......well we are reading the outcome of that. i have dealt w/ checksmart for over 5 yrs and have never had a problem. i guess all you folks that are in trouble w/ checksmart are also in trouble w/ other creditors. the people i deal w/ at the store level are a great,polite, professional group of people. so bottom line is IF YOU CANT PAY BACK DONT BORROW.

What is the amount that these people harrass for? Or does it matter? I have some one calling me for 200 dollars and the way she talks makes me not want to give them anything!! She keeps calling me at my place of employment after I Have asked them numerous times not to contact me here. She tells me that she has no other number to call me on, but I just talked to her the other day on my cell phone.. Is it really that serious? This money that we take out for loans, is it coming out of their pockets? Because that is how they act. My friend told me that they actually sent someone to her door, is somebody elses money worth risking your life over? I really dont think so...

PLease tell me that you're not serious with the above statement and question? You seem to think that they have no right to collect the money that you baoorowed, just because it was only 200 dollars. What is the situation that caused you not to pay them back? You failed to include your circumstances for none payment and we cannot assist you with out more information.

a rep called me today from their corporate office; it was regarding my son;s bill; I told him that because my son had been threatening me, I had an order of protection against him and could not /would not intervene; he proceeded to tell me that my son was 'crazy" because I had put him out on the street and filed an order of protection on him; he went on and on untli I hung up on him . I am outraged and upset about this after all I have been through .

Talked w/Jim Hildabrand Checksmart Collection Dept....RUDE and UNPROFESSIONAL. I'm trying to clear up an issue, Mr. Hildabrand fist stated you proberly owe money to us. I advised him I did not. When trying to reslove the issue well what can I can say It's still an ISSUE. Checksmart Collection Dept needs a sake up or CUSTOMER SERVICE TRAINING 101. They are not TRAINED PROPERLY . NO one should be talked to like that or treated as if they are NOTHING!!!!!

Call back and ask for Mr. Hildabrand's supervisor. If this person does not listen, ask for thier supervisor. Since you are a reference, you have NO obligation on this debt and your communication with the creditor continues only as long as you give permission. Be prepared to fax a copy of the Order of Protection to them as "proof" that you have no contact.

Just filed an FTC complaint myself. Their conduct is unprofessional and just nasty and I hope they do something to save others the pain we all have been through

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I work for the payday loan company in question and I just want to say that the store is a lot easier to deal with. The corporate office are hard collectors. We at the store level like to do what we can to keep our customers. Not only because we build relationships with them but it also allows us to make more money being a good customer rather than debting(obviously). My point is, we prefer to make arrangements with you at the store level, that way you don't go into collections, in turn, leaving us to lose our business( & most importantly our good customers.)

They are rude! Not professional at all...There is a way to talk to people and if you want your money getting rude and nasty is not the solution. I have worked Customer Service and if we even raised our voices a little bit then a supervisor was coming by our desk. Yes! I believe they need to be paid back, but everyone's situtation is different. A person can go to work and get a pink slip that day and didn't anticipate on that happening. I had one call me and after I told him about his self he never called me again. The conversation got real intense and he didn't know what else to say, but try to get nasty I told him as long as he calls me with that tone he wouldn't have the problem resolved. Yes! they do need customer services training bad...but they only push over people that they find weakness on...Funny how you can flip the script on someone and they start getting dumb founded. Research your rights all they can do is take you to court. They cannot file criminal charges...strictly a civil matter.

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my fiance had payments coming out of his account from checksmart and this week was supposed to be the last one coming out... well instead they took a payment of 800 dollars plus the 326 that was left so they stole 800 dollars from us in his bank account!!!! then the lady at corporate told him that if he would have paid his check like an adult in the beggining this wouldn't have happened so now we have to figure out how to get our money back from them this is BS.....!!!!!!

i had rep call me today name john, cursing me out about a check i had wrote out to myself to cash because my bank was close that day, i have a joint account so my wife took the money out before the check could process, she did not know, he told me i had until thursday to bring the whole amount or they was going to have me arrested an prosecuted, he wouldnt even give me a chance to speak, him not knowing that i am a very trained an smart paralegel, he was trying to tell me what the law was in virginia. i burst his bubble i told him why u cant wait until the 15 th which will be about two weeks from now an i will pay all the money, he was still cursing
i told him if u prosecute me u not getting no money because i will file indigent to the state and then file chapter 7 then i will have my case continued three times that wil be the max for the state laws then your legal rep will have case drop because the amount is not worth the fight