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Need help on pdls in Ohio

Date: Tue, 08/21/2007 - 17:14

Submitted by b_seifert
on Tue, 08/21/2007 - 17:14

Posts: 7 Credits: [Donate]

Total Replies: 9


I have 3 separate pdl's out totaling $1200 - CheckSmart, Express Payroll Advance and Nat'l Check Cashers. I stopped payment on the checks before they were due to be cashed when it became clear to me that they would not work a payment plan with me. I've also closed my checking account. After stopping the checks, I sent them each a letter stating (again) that I was currently unable to pay the debt in full at this time, that I intended to pay my debt in full but with regular payments. I;ve since sent all three of them payments of $25 each within a month's time frame. I send the money orders via letter and in the letters I state when my next payment will be sent and I stick to it. They continue to call me and leave me nasty voice mail messages that they WILL NOT accept a payment plan, that they are going to send my payments back to me (which they haven't yet), and that I MUST call them to get the situation resolved. I will not call them because a) I've said all there is to say on my part and b) they just want to intimate me and coerce me into paying something that I can't afford right now. So now they leave me nasty voice mail messages that it is clear that I refuse to honor my debt (even though I've sent several letters stating the opposite). I recently got a letter from CheckSmart that if I don't pay the debt in full within ten days they are going to pursue "legal action" against me. Has anyone had any experience with this? If so what was the outcome? Did they take you to court? Did they hire a lawyer against you? If so what did he or she do and what did you do? Did you incur more fees as a result?
I'm clearly unable to pay the debt in full, so it looks like they are going to pursue legal action against me so I'm just trying to be prepared for what they may do next.
I'd like to file a complaint with the Attorney General's office but I don't know that I have a valid complaint because legally, they've done nothing wrong. Any advice from someone who's been in this situation would be most helpful. Thanks!


morning, from what this member has stated, these are store fronts. Member has been sending them letters and payments. By name, I believe are all store fronts. And unfortunately licensed/legal. Posting the Ohio state pdl law was good. But it also shows us nothing regarding criminal action. However, from what I've read, they can/will take legal action. I don't believe it says anything in the law regarding payment plans either. I hate state pdl law that doesn't specify anything!


lrhall41

Submitted by cannr on Tue, 08/21/2007 - 21:45

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Well, we do have Ohio residents (sassnlucy) who I am sure have dealt with store fronts. Hopefully an Ohio store front expert will come this way! :D


lrhall41

Submitted by cannr on Wed, 08/22/2007 - 08:09

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Welcome to the Community :D I can't find it yet, but I think I read in another post that Ohio does do a payment plan on loans.

I read also, that Checksmart wasn't very good at working with you. If they are store front loans, they may pursue legal action. Some of them have a mediation deal where they try to work something out with you before taking you to court.

Someone will come along that knows more about these companies and give you more info.Keep us posted!!..Karen


lrhall41

Submitted by Bossy4455 on Wed, 08/22/2007 - 08:49

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bossy, I believe I read nasty stories about CheckSmart also. This is one store front I checked on for another member (in a different state). They are licensed/legal. I don't know about how they are regarding legal action/repayment. I'm not sure of Ohio state law regarding store fronts in default.


lrhall41

Submitted by cannr on Wed, 08/22/2007 - 08:59

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I'm from Ohio and have dealings with these three companies. Checksmart and Express Payroll are something else to work with. The time you are in their collections department they will say they will not work with you. I'm with a debt consolation company and they said at that time they will not work with them either. They told me they would return all checks back to my company but my company never received them. After awhile, they sent me to mediation in Franklin County. In mediation we were able to work out a payment and they ended up working with my debt consolation company. National Check Cashiers was ok to deal with (but still dealing with them). I was told as long as my company starts sending 50 dollars next month everything will be ok. I hired a consolation company because I eventually had 12 storefront pdls and did not know where to start. I can tell you, I never went to jail over the pdl's and never had any charges brought up.

Here is another question. My debt consolation company has a signed agreement with a storefront pdl for terms for repayment. Now this store pdl is suing me in small claims court next month. Will I be able to counter sue for loss of wages since I have a signed document (and them cashing the checks) from him stating they will accept the payments?


lrhall41

Submitted by Ryan_N on Wed, 08/22/2007 - 12:01

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In response to some questions asked regarding my previous post:

1) all 3 pdls were storefronts
2) I live in Ohio and got the pdls in Ohio
3) The loans I have are as follows:
Nat'l Check Cashers $575 have paid $250
CheckSmart $402 have paid $50
Express Payroll Adv. $402 have paid $50

Nat'l Check Cashers have been fairly easy to deal with so far although they did leave me a voice mail the other day that $25 payments weren't sufficient. That's too bad.
CheckSmart and Express are the WORST. I got a letter from CheckSmart the other day as I explained in my previous post that if I don't pay the amount in full within 10 days, they'll pursue legal action. They've been telling me they won't accept partial payments however, I just found out today that they cashed my first $25 payment this past Friday. According to the Dept of Commerce, if they accept a partial payment then legally that means they've entered into a payment arrangement. Based on this, will they/can they still pursue legal action?

Express just today sent my first payment back to me in the mail which I think is so stupid. They want money but they send your money back to you?! How asinine! I'm a member of a debt recovery group who has advised me that I should just send it right back to them which I think I will.

I have another question, despite my written letters to both Express and Checksmart and their collections office in Dublin (they are both owned by Buckeye Check Cashing) not to call me at work, they called and left me a voice mail yesterday. I'm thinking about filing a formal complaint with the attorney general.

has anyone been through this and lived to tell the tale? What should I expect next?


lrhall41

Submitted by on Wed, 08/22/2007 - 15:47

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Well, we are alive and have lived through most of it! Your store front that cashed your payment - you've got something there. They accepted your payment. So... to me that means "okay, we'll take payments". Your store front that mailed your payment back to you obviously will not take a payment plan. And they are making sure they stand by it by sending it back to you. You can send it back to them, but I see them just sending it back to you. Nice game they play. But this way they can say you haven't paid. Nice. You can file complaints with your AG regarding the company's not abiding by your written request regarding calling. Hell, you can file a complaint for whatever you want. The AG will review it.


lrhall41

Submitted by cannr on Wed, 08/22/2007 - 17:28

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