Problems with checksmart

Sorry, I am in Ohio and I only have the one payday loan for 400 dollars. The repay was 460 dollars 6 weeks ago. It is now over 540 dollars with fees and interest to date.

i am in ohio to they told me i could go to jail if i did not pay because i wrot a bad check

I am in the same boat with them! They are telling me the same thing! They won't let me make payments and things like that. They call me non stop even though I have asked them not to at work. They also keep calling my references when they have asked them to take their name off as a reference. I have read up on the laws and I know half of what they say is a lie! Hopefully someone can help us all!

You guys need to file complaints with the FTC and your Attorney General's office. Click on the links in my signature.

Thanks, I'm getting my phone records together so i can send them with my complaint. I was also called today at work even though I told them not to.
Question, aren't they supposed to say the sentence " This is a bill collector and any information .......... etc. We all know the language since I have heard it before and they have never once said that or have even informed me of any call monitoring going on. If they are recording the calls and not informing me, isn't that illegal under Ohio law?? thanks for any help.

Ohio is a one party state, this means it only takes one person's permission to record the call, therefore, no, they don't need your permission to record a call, just as you don't need their permission to record their call.

Is this CheckSmart collections or a 3rd party? If it is CheckSmart, they are a 1st party collector and not subject to FDCPA and the Mini Miranda.

That is true for most things but If I read the law properly, once we talk to each other over the phone they cannot contact me again for the rest of the day. Its the multiple calls in just a few minutes that I feel is considered harassment. They can yell and put me down all they want to even though it is unprofessional. Don't they have to follow hippa (spelling??) laws about giving personal information to a third party? That is a violation of privacy if I read the law right.
I'm about to just send certified checks to them with certified return receipt mail if I have to to force them to take payments. it might not stop the phone calls but they can't sue me If I'm attempting to make good faith payments that they have to sign for. That way if they don't accept the payment I can get them for not accepting payments and then I won't owe them a dime ever again. I'll have the receipts and they'll have to explain to the judge or arbitrator their actions.

I wouldn't send them a check from your personal account, that would give them access to your account information, use money orders.

I have so much as walked into the store and tried to force them to take my money and they have refused it. I said to the girl I wanted something in writing that they are refusing to take my money and they absolutely refused of course but it was worth a shot. The good thing is I got her name and everything and I also had a money order in hand made out to them to try and start paying on it. Then the corporate office calls me and says I am refusing to pay them. Which of course I am not! I just can't pay the full amount. They harass me, put me down, lie to me, and call a hundred times a day. Don't I have rights!?

Complain to the corporate office. They have always been good with me on extensions and giving me an extra month to pay off the loan. Hang in there and just keep talking to them. Dont give up your ground, stay strong and always be polite. You never know what tricks they could play on a recorded msg.

Now, with the whole 1st party debt collector. I do not understand why they are not held to the same laws as a 3rd party debt collector. At the end of the day what is the difference between the two debt collectors.

Well, the check finally pushed through and they have the 460 dollars from my bank. I just hope that they don't continually pull out money for added interest and returned check fees.
I have been saving up the money for them so It doesn't hurt too much but it will put us in a bind for about a week until my next paycheck. My bills will have to wait until then. I am still filing harassment charges for the 4 phone calls in one day that I answered in a 15 minute time span. I don't think I'll get any money out of it but I should at least get them fined from the attorney general's office and the ftc. My cell phone company is sending me my cell phone records for the last 30 days to prove my case for them harassing me.
Even a 1st party collector isn't allowed more than one call a day after an actual phone conversation. If i don't answer they can call as much as they want. but as soon as i answer the phone, they can't call until the next day. That is how the 1st party collection laws read in ohio.

Good for you Randy, I am glad you are standing up for yourself, I'm also glad that you educated yourself on your rights! Yay for you!

Thanks. I'm just glad that most of this is over and I can pay my bills again. They won't like me when the attorney general gets them for collection law violations. My friend who answered the last call that day is giving me a statement signed by them and a notary as a witness to what happened that day. I want Checksmart taken off the list saying that they follow all laws in collection efforts. I would love to have that collector fired too. but that is up to Checksmart.

good for you. they treat people like that because 1 most people dont know the laws, and 2 most people wont do anything about it so they think they can get away with it. i've also dealt with checksmart, the people in the office were ok but the corporate collection office was horrible to deal with. good luck.

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Good luck, but the reality is that it is far easier to talk than to act. Keep us posted on your actions, I would like to hear about the results.