I live in Missouri. I am breaking the law?

If they are the ones who wrote the checks then THEY are violating the law. You really need to get your Attorney General and the FTC involved. File compalints with a detailed description of exactly what happened, send them proof (written checks with a bogus signature). Unlicensed lenders will tell you ANYthing to get money out of you and to save their own butts!

Since you stated that someone forged checks on your account, I would have to assume that you have filed a police report. I believe that this is necessary for the Affidavit of Forgery in many states. The bank should be opening up a new account for you and you will have to switch all of your ACH's to this account. Since you have reported the forgery and filed the necessary paperwork, you should get all of the money back. That is the bank side...

Now, as for the PDL's, you will need to speak with supervisor and send them a copy of the police report. They will work with you, especially of you have no issue with the service that they have provided and plan on loaning with them in the future. Again, speak to a supervisor and have a copy of your police report when you do speak with them.

yes i have filed a police report, and my bank has filed fraud claims of unauthorized paper debit, counterfeit, forged maker, and unauthorized demand draft.

Because of the severity of the fraud on my account the bank said someone has hacked all my personal information to the point of idenity theft. They advised me to close my existing account and not to open another one until the first fraud claim has been settled and we know who is the responsible fraud party is. The bank said that with them having all my information, if I opened a new account it would be a sitting duck to be hacked.

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so now what is the best action to take with the payday loan people?

All 3 payday loan people told me I was facing criminal charges for writing checks on a closed or frozen account.

I live in Missouri. I am breaking the law?
What should I do since my bank is strongly advising me NOT to open another account?

If you owe them money then set up payment through Money Gram. They will be able to get you the information. If you find from this site that they are "illegal" lenders and should not be lending in MO, then you only owe them the principal amount borrowed. If that is the case, the first step is to close your account which is already done! The next step would be to mail, fax and e-mail your C&D letters. You must find out first whether or not they are licensed to do business in MO. Someone with more knowledge will by by soon to help you.

It would seem to me that your personal banker (all banks have them) would monitor your account on a daily basis. In this day and age, it is difficult to function without an account. I would speak to the branch manager and request some assistance with this matter. I believe that they can place your account in a status that would require all debits and/or requests for withdrawals or release of information would require approval from you directly. Considering that you have the necessary police reports and affidavits, they should be able to work with you to maintain your business.

As for the PDL's, I would call the Corp Office and discuss your situation and provide them with the necessary paperwork. Granted, if you were trying to defraud them they "could" file charges based on MO laws, but I would highly doubt it as this is not an approach that they would like to be tied to. Your reason for closing the account was based on direction from the bank and local police. Avoid the store level personel and speak to someone of authority. It will all work out.

Sorry, I forgot that your loans were online. Same procedure exists though. Can you list the names of the lenders?

You have not broken the law if you have done what you have said. First no prosecutor will file a charge of writing a back check when you have filed a police report and filled out your affidavit properly and true. Send them a copy of your sworn affidavit and tell them they need to send you paper bills. They must comply and even in civil court a judge will understand if it is the truth.

what companies are these? how much was borrowed and paid back? I do not know MO laws but this old threat sounds like something some of the shady companies say..

It was documented in another thread regarding PDL's and closed accounts. Apparently, there seems to be a loophole there.

Will an IPDL follow thru? I highly doubt it.

i agree, i was just curious how much money was even owed at this point. :?:
a legit company would have no problem with someone dealing with bank fraud. even illegal companies would allow someone to make arrangements.

the 3 pdl companies all online are,

LoanShack borrowed $300.00
paid back so far $125.00

cash net usa borrowed $400.00
paid back so far $146.00

paydayone borrowed $500.00
paid back so far $0.00

All 3 are legal in Missouri I think. And All 3 told me I could not revoke the ach agreement and I was facing criminal charges for writing checks on a closed or frozen account under Missouri law. They said they do no accept USPS money orders for payment due because of the ease of being able to counterfeit them, and the processing time for the legit ones.

went to my bank today and talked with the bank manager. He said with 11 forged counterfeit (computer printed) checks going through my old frozen account, and with the culprits still at large and having my name, social security number, date of birth, address, phone number, old account number, and everything else excluding my first born child it was still his advice NOT to open another checking account until the culprits had been arrested and put in jail.

He said if they have all my personal information they can and probably will try and get into any other accounts I may have.
He also said they might try to apply for credit cards under my name. Now I have been searching sites online all day in idenity theft....and what to do if that happens.

Excuse my language, but that is a BS excuse!!! If these criminals get to your new account it is due to your providing information OR the bank providing the information. The reality is that these guys could never be caught and based on the advice of the manager, you would never open an account. If you would like to stay with this bank, I would suggest that you go to another branch and if they cannot/will not help you, ask for thier district manager. You also need to contact all 3 credit bureaus and notify them of the fraud and put a fraud alert on your information.

I think you are mistaken about the information you have received from the lenders you have listed. I am the National Manager for one of them, and can assure you, I have not received a call from you, and I have never told someone that they would face criminal charges for writing checks on a closed account. All of our transactions are done via ACH, and that law would not even apply to this situation. We have customers from all walks of life, and they experience different circumstances that would make it difficult to repay with the original terms some times. We are always willing to accept reasonable payment arrangements. Contrary to what some people think, we are there to help with funds when you have no other options. we comply with all laws and are regulated by the state of MO. It seems to me, with all the obstacles you are claiming... the police have let you down, your bank has let you down, and the pdl companies have let you down....etc.... my suggestion would be to actually proceed with truthfulness. The people on this forum are here to help you, but you are not seemingly asking for assistance as you disregard everything that is said, and would rather complain with half-truths.

UPDATE!

The prosecutor called me this morning. He said that between my banks research and the police investigation they have traced down the companies that printed checks with my name, account number, ssn, dob, address, phone, and signed my name to the checks. They are 3 separate company names, all with the same address.

The prosecutor is telling me that one or more of the above PDL Companies actually shared all my personal information with its affilates, which are the 3 other companies.

The prosecutor told me that in the past 7 months he has seen 12 cases just like mine where PDL companies share peoples account information with other affilate companies.
And in 8 of these cases checks were printed, forged signature, and presented to the banks via ACH.

I also discussed with the prosecutor the PDLs threats of filing criminal charges against me for closing my account. He chuckled. He said "after what you have been through, I'd love to have them file and see that come across my desk!"

"The people on this forum are here to help you, but you are not seemingly asking for assistance as you disregard everything that is said, and would rather complain with half-truths."
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half truths? AND YOU ARE? You know my situation? I have not disreguarded anything that has been said. And the only ones who have "let me down" are the PDL companies that shared my account information!

I called all 3 PDL companies and I assure you they all told me the same thing. They all said that I could not revoke my ach transaction agreement. And no I guess I didnt talk to you, I must have talked with one of your minimum wages half-wits!

From now on I will record all calls under advisement from the prosecuting attorney. He told me what questions to ask and how to respond to the questions asked. And if I get threatened again with the filing charges for criminal prosecution due to a closed account, or how I can not revoke the ach transaction agreement it is my rights being violated.

Wow! think we all need to chill a bit here.

We are here to help and offer advice. Emotions seem to run high when people get in situations out of their control.

All payday lenders will tell you that you cant revoke the ach agreement. They dont want you to take away allowing them to pop your account.

How are the payday lenders allowed to share your information?
Is there a law against them doing that?

I have mananged a payday loan company for 4 1/2 years and yes it is a criminal charge to have a check on a closed account or to stop payment on one. you can verify that by reading the Missouri Revised Statutes. and yes I have prosecuted customers for these. I had a customer with the exact same problem as you where his account had gotten hacked into, and yes the prosecutor was going to prosecute. However, not required to by my company or by the law, I choose to work with this individual considering the circumstances and after seeing the proof.

At the same time, we are not allowed to give out a customers personal information to anyone that does not work for the company. and if one of the loan companies did, then they should also be pursued by law. The only people that have access to my customers personal information is myself and boss.