Ohio CheckSmart Storefront
I received yet ANOTHER call today at my place of employment. They call atleast 3 times a day to my cell and to my work number (by both corporate office and storefront) even if they talked to me 5 minutes prior. When I talked to a different person today she stated that there is no record of anybody ever speaking with me from their corporate office and that she intends to ACH / EFT payment again on my account that does not have enough funds to cover the transfer. When i asked for the corporate office mailing address and fax number she refused to give it to me and when I called the storefront I was told they didn't have the corporate address or fax number. I searched the internet and found the corporate address in Dublin and also the fax number.
I have also talked to the storefront back on August 16th and they stated that the corporate office will not work with me but they will. I haven't gotten a call from them since either and they said to contact them when I get paid again which is Aug 31st (I get paid once a month).
SO ----- is it legal for me to send them a letter stating that I revoke all ACH / EFT transfers? What about the constant badgering by their collection department?
I have defaulted due to my sons's high school depositing a post-dated check they were to hold which ended up racking up about $500 in NSF fees on my checking acount.
Your immediate response is greatly appreciated!
SeeinRed23
Well ---- I have faxed and mailed a revocation of EFT/ACH on my
Well ---- I have faxed and mailed a revocation of EFT/ACH on my account. My letter also stated that I wanted no further contact by phone and only by USPS or email in order to be sure that all contact is documented since every time they call me they have no record of ever speaking to me.
A response to all this would be greatly appreciated.
I am not trying to get out of paying what I owe --- but you can't squeeze blood out of a turnip. I don't think it is right for them to insist on me agreeing to something that I know I can't guarantee.
SeeinRed23
Yes, it's legal, the EFTA law applies to everyone, you can revok
Yes, it's legal, the EFTA law applies to everyone, you can revoke preauthroized transfers and debits at any time. You NEED to inform your bank too though, just take a copy of your letter into the bank and give it to the branch manager (no one else will do).
What do you think about the constant phone calls with them stati
What do you think about the constant phone calls with them stating that they never speak to me?
I am curious to know how much time I have to get this paid off before they take me to court over it.
The girl at the storefront is very nice and willing to work with me. I am looking at it taking me til Oct 15 to get it paid off. it's $1000.
Quote:Originally Posted by AnonymousWhat do you think about the
Quote:
Originally Posted by Anonymous What do you think about the constant phone calls with them stating that they never speak to me? I am curious to know how much time I have to get this paid off before they take me to court over it. The girl at the storefront is very nice and willing to work with me. I am looking at it taking me til Oct 15 to get it paid off. it's $1000. |
You need to tell them you are permitted to receive phone calls at work. If they continue to call after you ask them not to, then call the corporate office and complain. As far as suing you, it's hard to estimate how long they will wait, perhaps others may have some insight, keep checking back for more replies.
I am still looking to find out how long before they will pursue
I am still looking to find out how long before they will pursue suing me ---- I just defaulted on July 31st. I will have it all paid back by October 15th. i am going to send money order payments to the local store front to be sure they are receiving my payments.
I can't wait to get out of all of this!!!
Quote:Originally Posted by AnonymousI am still looking to find o
Quote:
Originally Posted by Anonymous I am still looking to find out how long before they will pursue suing me ---- I just defaulted on July 31st. I will have it all paid back by October 15th. i am going to send money order payments to the local store front to be sure they are receiving my payments. I can't wait to get out of all of this!!! |
I too have a defaulted payday loan with CheckSmart. The store did 'not have the authority' to make payment arrangement with me. I had to deal with Corporate (aka Buckeye Lending in Dublin, Ohio). Anyhow, I too had $1,000 loan and was only able to make $100 payments bi-weekly. I told them to either take it or take me to court. I work for an attorney that does collection work and I know that once a law suit is filed,all answers/pleadings are filed, a judge will set a hearing. 99% of the time the judge will not side with the lender if a person is at least attempting to make payments on their debt. Actually, the judge will usually lecture the lender about wasting the court's time on an individual that is at least attempting to pay back their debt. It has been 5 months since I defaulted and like clock work, I am sending them $100 bi-weekly. I have 1 more month go to and I will be done with them. My advice to you is, tell them what you can pay bi-weekly and to either accept it or take you to court.
Quote:Originally Posted by Lizzie1014I too have a defaulted payd
Quote:
Originally Posted by Lizzie1014 I too have a defaulted payday loan with CheckSmart. The store did 'not have the authority' to make payment arrangement with me. I had to deal with Corporate (aka Buckeye Lending in Dublin, Ohio). Anyhow, I too had $1,000 loan and was only able to make $100 payments bi-weekly. I told them to either take it or take me to court. I work for an attorney that does collection work and I know that once a law suit is filed,all answers/pleadings are filed, a judge will set a hearing. 99% of the time the judge will not side with the lender if a person is at least attempting to make payments on their debt. Actually, the judge will usually lecture the lender about wasting the court's time on an individual that is at least attempting to pay back their debt. It has been 5 months since I defaulted and like clock work, I am sending them $100 bi-weekly. I have 1 more month go to and I will be done with them. My advice to you is, tell them what you can pay bi-weekly and to either accept it or take you to court. |
Lizzie,
I am not doubting your impression, but in 5 years I have never lost a small claims case. The case is not rocket science, but instead a simple "do you owe the money or not"? If a creditor goes to small claims, they should have thier documentation in place to show that the money is owed and the biggest discussion is about the terms of repayment.
My advice for anyone thinking that they are going to win in court and not have to pay the money back is to start saving more money. The lender is going to win and you will have to pay the court fees for the lender. Please do not over think this, but instead try to work out managable arrangements with the lender to avoid small claims court.
Quote:Originally Posted by PDLOwnerLizzie, I am not doubting y
Quote:
Originally Posted by PDLOwner Lizzie, I am not doubting your impression, but in 5 years I have never lost a small claims case. The case is not rocket science, but instead a simple "do you owe the money or not"? If a creditor goes to small claims, they should have thier documentation in place to show that the money is owed and the biggest discussion is about the terms of repayment. My advice for anyone thinking that they are going to win in court and not have to pay the money back is to start saving more money. The lender is going to win and you will have to pay the court fees for the lender. Please do not over think this, but instead try to work out managable arrangements with the lender to avoid small claims court. |
PDL: What I am saying is a judge will usually ask the lender why are we here when the borrower has acknowledged the debt and is attempting to make a good faith effort in paying it back? Usually, from the time a case is filed in small claims court to the time a judgment hearing is set, it is usually takes 6 to 7 months. By then, you should have the loan paid off.
Quote:Originally Posted by Lizzie1014PDL: What I am saying is a
Quote:
Originally Posted by Lizzie1014 PDL: What I am saying is a judge will usually ask the lender why are we here when the borrower has acknowledged the debt and is attempting to make a good faith effort in paying it back? Usually, from the time a case is filed in small claims court to the time a judgment hearing is set, it is usually takes 6 to 7 months. By then, you should have the loan paid off. |
You are a little long, but generally correct on the timeline. The problem that I had is where you stated that the judge will not side with the lender 99% of the time. Unfortunately, there are many on this board that are desparate to get out of debt and will read this as an opportunity to have the debt nulified. That is not the case and the point that I wanted to stress. More importantly, once the case is filed, the fees then become the responsibility of the "losing party", which will be the borrower. One needs to avoid even getting to this situation if at all possible.
I will try making arrangements withe them. I have sent a measl
I will try making arrangements withe them. I have sent a measly $25 to them in good faith. Things have just snowballed with deaths in my family, car breaking down, etc. My issue is the tactics they handme when they speak to me on the phone and turn around and say they have never spoken to me. Also the threats I have received are absolutely ridiculous. I speak to them in a calm, professional manner and I get the opposite. Wonder if they would let me record them when they speak to me? Maybe it would change their tone?
I have every intents on getting this all paid back. But you can't squeeze blood out of a turnip! I can make arrangements but not payment in full as they have requested.
My other question is --- did you set up payment arrangements immediately with them ? They didn't want to hear of making any more than 2 payments. I only get paid once a month and I do not have any option for OT because I am salary to make any more $$ per month.
Any suggestions when speaking to these people?
I guess my next question would be how long they will wait before
I guess my next question would be how long they will wait before filing a small claims case?