[redacted]This letter responds to your correspondence of December 1, 2014, regarding the above-referenced matter. Thank you...
for bringing [redacted]’s complaint to our attention. We appreciate the role of the Revdex.com in mediating consumer complaints.
Our records indicate that [redacted] obtained a loan from Buckeye Check Cashing of Arizona, Inc. (“CheckSmart”) on June 17, 2014. [redacted]’s loan had an agreed-upon repayment date of July 1, 2014. When [redacted] did not pay his loan in person at that time, his loan was referred to CheckSmart’s corporate collections department. As of today’s date, [redacted] has an outstanding account balance of $319.17.
[redacted]’s complaint, as I understand it, is regarding withdrawals made to his checking account by CheckSmart. Our records indicate that [redacted] had made commitments for payment on July 9, 2014; July 21, 2014; and, August 30, 2014. [redacted] did not make these payments as agreed. Because the verbal efforts by CheckSmart’s corporate collections department to encourage [redacted] to make payment of his outstanding account balance were unsuccessful, CheckSmart initiated Electronic Funds Transfer (“EFT”) payments for [redacted]’s outstanding account balance using the account information he provided when he signed the loan agreement. CheckSmart’s EFT attempts were done in accordance with his loan agreement:
“Electronic Loan Payments. You understand that by your signature below in the following section as part of this Agreement, you authorize us, if we have not received payment from you acceptable to us by some other means, to withdraw funds from the financial institution identified by you for your scheduled loan payment(s) by means of electronic funds transfer (EFT) using Automated Clearing House (“ACH”) debit(s). If an electronic debit is dishonored and a late charge accrues you agree that the late charge fee may be added to the amount owing and payable by a subsequent EFT/ACH debit.”
Our records indicate that multiple EFT payment attempts were processed against [redacted]’s bank account on file; however, only payments processed on July 17, 2014, and November 20, 2014 (both in the amount of $125.00), were honored by [redacted]’s financial institution.
I have reviewed our records and, at this time, it does not appear that [redacted] has ever sent in a written request terminating the ACH/EFT Authorization that he gave in his loan agreement; however, as a courtesy to [redacted], based on his complaint with the Revdex.com, CheckSmart has used his complaint as notice to terminate his ACH/EFT Authorization. [redacted]’s account has been updated and no future ACH/EFT payments will be processed by CheckSmart relative to his June 17, 2014 loan.
In his complaint, [redacted] expresses concern regarding the balance of his account, and goes on to state, “…my account was turned over to an attorney… Since it was turned over to an attorney, my account has been ‘hit’ 5 times when I was told over the phone that it would not be affected anymore…” First, please understand that, because [redacted] did not make payment on his account balance as agreed, his outstanding account balance continued to accrue fees and finance charges in accordance with his loan agreement. Also, because CheckSmart’s efforts to secure payment directly with [redacted] were unsuccessful, his account was referred to an outside collection agency, Heldenbrand Law, as of October 7, 2014.
After having reviewed notations on Mr. Syprhrit’s account, it does appear that [redacted] was given some incorrect information by representatives of CheckSmart’s corporate collections department. I would like to take this opportunity to apologize to [redacted] for the incorrect information he received, and any confusion and frustration that this might have caused. It appears that during discussions with representatives of CheckSmart’s corporate collections department, [redacted] was advised that CheckSmart would not initiate any ACH/EFT debit entries to his account for payment as his loan had been referred to an outside collection agency. Because [redacted]’s account was not sold to another company, CheckSmart still retained its rights under [redacted]’s loan agreement to collect upon default. Please refer to the section of [redacted]’s loan agreement regarding “Our Rights Upon Default”. Again, I apologize for the misinformation that [redacted] received. I’d like to thank him for bringing this to our attention so that we can address the matter as a training opportunity for the employees involved.
As previously stated, our records indicate that [redacted] has an outstanding account balance of $319.17. In his complaint, [redacted] appears to be requesting a refund of non-sufficient funds charges assessed to him by his financial institution. In the alternative, and due to [redacted]’s complaint and experience, CheckSmart would be willing to waive the remaining balance due on his account, such that his account would recalled from the collection agency to which it was assigned and would reflect a “paid-in-full” status. If [redacted] is in agreement to this resolution, please let us know so that we can make the necessary adjustments to his account.
I hope the response set forth has addressed both your and [redacted]’s concerns. Again, we would like to thank [redacted] for bringing his complaint to our attention, and apologize for the confusion and frustration that this situation has caused him. We hope that [redacted] will accept the proposed resolution to bring closure to his complaint.
Should you have any questions or need additional information, please feel free to contact me.
Sincerely, [redacted]
[redacted]This letter responds to your correspondence of December 18, 2014, regarding the above-referenced matter. Thank you...
for bringing [redacted]’ complaint to our attention. We appreciate the role of the Revdex.com in mediating consumer complaints.
Our records indicate that [redacted] requested a loan from Buckeye Lending Solutions, LLC (“CheckSmart”) on November 15, 2014. The loan had an agreed-upon repayment date of December 1, 2014, and she provided a check to pay the loan on that date. CheckSmart deposited [redacted]’ check, and it was subsequently returned as an unpaid item by her financial institution due to insufficient funds on December 4, 2014. As of today’s date, [redacted] has an outstanding account balance of $992.85.
[redacted]’ complaint, as I understand it, is regarding the excessive amount of collection calls she has received. When a customer defaults on a loan, it is our standard procedure to contact the customer at the telephone numbers they have provided in an effort to make arrangements with them to pay the balance on their account. Typically there is a combination of manual calls that are made by an internal collections associate in tandem with calls placed by an automated dialer system. When either method does not result in a conversation with our customer within a single 24-hour period, continued attempts are made to reach the customer.
Our records indicate that representatives of CheckSmart’s corporate collections department have only spoken with [redacted] on two occasions. During the first telephone conversation with [redacted] on December 12, 2014, [redacted] made payment arrangements wherein she would make a payment of $328.51 on December 19, 2014, followed by payments of $328.53 every two weeks until her balance was paid in full.
Following this conversation with [redacted], representatives of CheckSmart’s corporate collections department made efforts to contact her again on December 18, 2014, as a courtesy to remind her of her payment arrangement for the following day. Our records indicate that [redacted] placed a phone call into CheckSmart’s corporate collections department in response to these telephone calls. Notations on [redacted]’ account indicate that when she called in, she would not verify any information to allow the corporate collections representative assisting her to verify her identity. In response, the representative advised [redacted] that the telephone calls she received may have been a courtesy reminder call.
In her complaint, [redacted] references poor treatment that she feels she received from a representative of CheckSmart’s corporate collections department. Our collections department employees are trained to be professional and supervisors monitor calls regularly to make sure that they are professional. Collectors who fall short of these expectations are counseled about appropriate behavior and, where called for, are reprimanded or terminated if they are unable to meet these expectations. At this time, CheckSmart is in the process of pulling and reviewing the telephone calls that occurred with [redacted]; however, in the meantime, I would like to offer [redacted] my apologies for any treatment she received that she perceived to be unacceptable.
In reviewing [redacted]’ account, we have no record of having received her payment on December 19, 2014, as agreed; however, because CheckSmart understands that these are challenging times, we have procedures set up to allow for payoffs of outstanding amounts. At this time, [redacted]’ account has been placed in a temporary “Hold” status, which means that collections efforts on her account have been temporarily suspended. We are doing this as an accommodation to [redacted] and ask that she contact [redacted], a senior supervisor in our collections area, to make arrangements for payment of her outstanding account balance. [redacted] can be reached at ###-###-####, extension ####, but [redacted] must contact her by January 7, 2015. If we have not heard from [redacted] by this time, collection activity on her account may resume. We hope that [redacted] will take this opportunity to contact [redacted].
I hope the response set forth has addressed both your and [redacted]’ concerns. Should you have any questions or need additional information, please feel free to contact me.
Sincerely,
[redacted]
This business has left as many as 20 voice mails a day, 7 days a week, which in my opinion is harassing and threatening. I have returned those calls many times and have asked for a monthly payment plan to pay the loan off in 6 months which was in December 2014. Each time they said they "couldnt figure out what the payoff would be" because interest accrues daily. That is false, as I have done similar payoffs with other loan companies. Now they have increased my balance to almost $2,800.00? This is basically loan sharking because they want to delay what my request original asked which was a 6 month payoff. Also, when I spoke with the [redacted] office, she told me if I didnt pay for 2 months, they would just write it off. Since I havent heard from them I assumed it was written off. Now, since I filed a Revdex.com complaint, they now have more details and have added interest without notifying me. I want this harassment stopped and am going to find other borrowers online that have used this company and find out which jurisdiction they are in to file a complaint with the local attorney general. I am willing to attempt to pay the $200.00 a month for 12 months to pay this off, they have already collected over $5000.00 on a $2500 loan and I am willing to pay another $2500.00, if not I will consult as many consumer complaint organizations as possible including yelp and other social media. I certainly hope they dont retaliate as they appear to be doing now.
Regards,
[redacted]
[redacted]
[redacted]
[redacted]
[redacted] [redacted] Regarding complaint # #####, for [redacted], could you ask that she send actual scanned copies of her bank statements, reflecting the debit attempts made by First Virginia any subsequent overdraft/nonsufficient funds fees that she feels should be refunded? We ask that she not black out any information on these bank statements other than her personal account number, should she choose to do so. Once we have this documentation, we will be better able to determine if, in fact, any refund is owed to [redacted]. [redacted] [redacted]
[redacted]
[redacted]
[redacted] [redacted]
[redacted] [redacted]
This letter responds to your correspondence of April 18, 2013, regarding the above-referenced matter. We appreciate your efforts to help resolve Mr. [redacted]’s concerns.
Let me start by offering Mr. [redacted] an apology for what was clearly our error. According to our records, Mr. [redacted]...
requested a loan from Buckeye Lending Solutions, LLC (“CheckSmart”) on November 1, 2013. Mr. [redacted]’s loan had an agreed-upon repayment date of December 3, 2013, and he provided a check to pay his loan on that date. When Mr. [redacted] did not pay his loan in person on his due date, CheckSmart deposited his check. Our records indicate that Mr. [redacted]’s check was returned as an unpaid item by his financial institution on December 10, 2013. As of today’s date, Mr. [redacted]’s account is considered “settled-in-full”.
Mr. [redacted]’s complaint, as I understand it, is that although he settled his outstanding account balance with CheckSmart through a third party collection agency, he was later contacted by a different collection agency seeking payment for the same account.
In researching our records, I have found that although CheckSmart tried to resolve Ms. [redacted]’s outstanding account balance directly with him, because we were unsuccessful, his account had been referred to an outside collection agency on January 29, 2014, [redacted]fter having the opportunity to research Mr. [redacted]’s complaint, I can confirm that Mr. [redacted] did, in fact, settle his outstanding account balance with [redacted] and that payment of $466.37 was posted to his account on February 27, 2014.
Unfortunately, following Mr. [redacted]’s payment, CheckSmart’s corporate collections database was not updated correctly and, as a result, the balance appeared to be due and owing by Mr. [redacted]. As a result of this error, CheckSmart’s collections efforts continued, and what appeared to be an outstanding account balance owed by Mr. [redacted] was sold to another collection agency, [redacted] We have no record of Mr. [redacted] previously contacting CheckSmart directly to discuss this matter; however, upon receipt of Mr. [redacted]’s complaint, CheckSmart requested that Mr. [redacted]’s account be closed out and returned to us from [redacted]. With that in mind, Mr. [redacted]’s account reflects a “settled-in-full” status with a zero balance owed at this time.
This situation is an extremely unusual occurrence; however, as a result of Mr. [redacted]’s complaint, we will be able to improve our quality controls to prevent this from potentially happening to other customers. We appreciate this being brought to our attention. In addition, I would like to apologize to Mr. [redacted] for his experience, as well as for any frustration or inconvenience he experienced as a result of this. This situation is not our standard operating procedure, and is an extremely unusual occurrence; however, as a result of this situation, we will be able to improve our quality controls to prevent this from potentially happening to other customers.
Again, Mr. [redacted]’s account reflects a zero balance, and is considered “settled-in-full”. We hope that Mr. [redacted] will accept our apologies for this situation and know that CheckSmart is committed to its customers and appreciates his business.
CheckSmart truly regrets Mr. [redacted]’s experience and we thank him for bringing this matter to our attention so that we could address this situation appropriately. Should you have any questions, please feel free to contact me.
Sincerely,
This responds to your correspondence dated November 13, 2014, regarding the above-referenced matter.
CheckSmart previously attempted to work directly with [redacted] to resolve her concerns. A representative of CheckSmart previously spoke with the Branch Manager at [redacted]’s financial institution...
to discuss this situation and assist her in resolving her concerns. The Branch Manager that our representative spoke with had indicated they had reimbursed [redacted] for some of the fees that she had been assessed and that Branch Manager also advised our representative that it would be best for [redacted] to come to his office to go over the remaining fees and determine what needed to be refunded. At that time, the representative from CheckSmart that was assisting [redacted] asked her to send us her findings with her financial institution so that we could coordinate any further refund she may be owed. [redacted] was asked to fax us this information; however, to date, we have not received anything further from [redacted] or the Branch Manager of her financial institution that we previously discussed this situation with.
In order to further assist her in her request, we ask that [redacted] provide us with a full copy of her bank statement ([redacted] is welcome to black out her personal account information, but we ask that transactional data not be blacked out).
We look forward to receiving this documentation and will immediately refund any fees that were assessed to her as a result of this situation. If, in the meantime, I can be of any further assistance, please do not hesitate to contact me.
Sincerely, [redacted]
As indicated in the previous response dated April 8, 2015, Buckeye Lending Solutions, LLC appreciates
this being brought to our attention. In
addition, we would again like to apologize to Mr. [redacted] for his experience,
as well as for any frustration or inconvenience he experienced as a result of
this.
Buckeye Lending Solutions, LLC, has
confirmed with our outside collection agencies that Mr. [redacted]’s account was
has been closed and no negative reporting on his credit report has occurred.
Should Mr. [redacted] have
additional questions, I can be reached at ###-###-####.
Complaint ID No. [redacted] Dear [redacted] This letter responds to your original correspondence of February 13, 2015, regarding the above-referenced matter. We appreciate the role of your office in helping to resolve consumer complaints.
[redacted]’s complaint, as I...
understand it, is that he purchased a Western Union money order that was stolen from him following his purchase. Upon checking our records, I can confirm that the money order was presented to and cashed on September 2, 2014, at the CheckSmart retail branch located at [redacted]. When this money order was presented to CheckSmart, employees of CheckSmart called Western Union to confirm that the money order was valid and had not been reported as lost or stolen. Western Union did not provide any information that would prevent CheckSmart from cashing the money order. Had appropriate precaution been taken and [redacted] immediately completed the “Payee” section of the money order, such actions would have restricted who could endorse and cash the money order in question.
If [redacted] has not already done so, I would strongly encourage him to contact Western Union directly to file a claim and report the money order as being stolen. Western Union can be contacted as follows:
Western Union Financial Services, Inc. [redacted] Phone: ###-###-#### [redacted] I regret that, at this time, CheckSmart is unable to further assist [redacted] with his concerns; however, should he contact Western Union directly, they will be better able to assist him and address any remaining issues or concerns that he may have.
I sincerely hope that the response set forth above provides a satisfactory response to this matter. Should you have any additional questions, please feel free to contact me.
Sincerely, [redacted]
[redacted] This letter is in response to your correspondence dated November 19, 2014, regarding the above-referenced matter. We...
appreciate the role of the Revdex.com in helping to resolve consumer complaints.
Our records indicate that [redacted] most recently obtained a loan from Insight Capital, LLC (“Easy Money”) on November19, 2014. The loan has an agreed-upon repayment date of November 29, 2014. If [redacted] chooses not to pay his loan in person at that time, his check may be deposited or the bank account information he provided may be used to debit his account for payment in accordance with his loan agreement.
My understanding of [redacted]’s complaint is that Easy Money will not accept a payment plan from him. Under the Community Financial Services Association of America’s (“CFSA”) Best Practice requiring a CFSA Member to offer a customer an Extended Payment Plan (“EPP”), “A customer must ask for the EPP by close of business on the last business day before the loan due date by returning to the office where the loan was originated or by using whatever method was used to obtain the loan. To receive the EPP, a customer must sign an amendment to the loan agreement reflecting the new payment schedule”.
Our records indicate that [redacted] previously obtained a loan through Easy Money on October 16, 2014, with an agreed-upon repayment date of October 31, 2014. [redacted] did not pay his loan on the payment due date; however, representatives of Easy Money’s corporate collections department spoke with [redacted] on November 3, 2014. During that telephone conversation, [redacted] indicated he would pay his loan that same day at an Easy Money branch location. [redacted] did not make this payment as agreed, and payment of his loan was drafted from his bank account on November 13, 2014, in accordance with his loan agreement. We have no record of [redacted] having previously requested an EPP for repayment of his loan.
Upon receipt of [redacted]’s complaint from your office, a District Manager with Easy Money reached out to [redacted] to assist in offering him the EPP option for his current loan due on November 29, 2014. To date, we have no record of [redacted] returning that telephone call and entering into an EPP for his current loan.
If [redacted] is interested in setting up an EPP for his current loan, I would encourage him to visit the Easy Money branch location where he obtained his loan prior to the end of business on November 28, 2014. If [redacted]’s loan qualifies to be enrolled in an EPP, our representatives will be glad to assist him.
For ease of reference, I have included with our response a copy of [redacted]’s November 19, 2014, loan agreement, as well as information from the CFSA regarding the EPP option.
I sincerely hope that the response set forth above has been responsive to both your and [redacted]’s concerns. Should you have any questions, please feel free to contact me.
Sincerely, [redacted]
This responds to your additional correspondence dated December 4, 2014, regarding the above-referenced matter. We appreciate the bank statements provided by [redacted]
At this time, I have calculated a refund to be issued to [redacted] in the amount of $222.00 due to this incident. This $222.00 includes overdraft fees assessed to [redacted] as follows:
Date Amount
9/17/2014 $37.00
9/23/2014 $37.00
9/30/2014 $74.00 (2 $37.00 overdraft fees assessed)
10/2/2014 $37.00
10/20/2014 $37.00
Total: $222.00
At this time, in order for CheckSmart to issue the refund in question, we ask that [redacted] confirm the 9-digit bank routing number and the bank account number associated with the account she wishes this refund to be deposited to. To assist [redacted] in locating this information, I have attached an image of a personal check identifying which numbers on the check are the routing and account numbers.
We look forward to receiving this clarification from [redacted] Upon receipt of this information, CheckSmart will immediately issue a refund to her account in the amount of $222.00. If, in the meantime, I can be of any further assistance, please do not hesitate to contact me.
Sincerely, [redacted]
I have reviewed the response made by the business in reference to complaint ID ###### and find that this resolution is satisfactory to me.
Regards,
[redacted]
The company has failed to answer the written letter only acknowledging that the consumer owed the debt. In my letter there are several questions regarding how this was determined. The company response was without merit, and notwithstanding in contextual context in only answering the simple undetermined question . The company has failed to uphold the consumer protection laws in the State of [redacted] . I have asked many times for a itemized billing statement, verification of debt mailed to me, and this has not been done. One could speculate that the written letter sent to the company may needed some type of legal review due to his specific questions regarding Consumer Protection Laws. This was obliviously not done. I would recommended that the company zero the balance and desists all collections as it appears that they are not competent in understanding my written letter.
Regards,
[redacted]
Although I agree with the lender (buckeye lending) on the resolution as far as my account being paid in full, I have yet received an apology letter from them. Also they have not notified the collection agency ( [redacted] ) that the debt is paid. Along with that they have not resolved any negative reporting on my credit report. Please I would like this resolved as soon as possibleThank you,[redacted]
This letter responds to your additional correspondence of December 15, 2014, regarding the above-referenced matter. We appreciate the role of the Revdex.com in mediating consumer complaints and also the additional opportunity to address [redacted]’s concerns.
At this time, it appears that we have provided all relevant, factual information addressing [redacted]’s concerns from his original complaint. As I already indicated in our previous response dated December 12, 2014, I’d like to apologize to [redacted] for the misinformation he received regarding payments processed using the account information on file after his account was referred to an outside collection agency. It is never CheckSmart’s intention to mislead any of our customers. In addition, in his additional comments, [redacted] states that he was treated poorly by representatives of CheckSmart’s corporate collections department, stating he was referred to as a “deadbeat”. I have taken this opportunity to review all available call recordings that occurred with [redacted] and I assure you that at no time was [redacted] referred to as a “deadbeat”; nonetheless, I would like to apologize to [redacted] for any conversations that occurred that he perceived to be unacceptable.
In our previous response, CheckSmart offered to waive the remaining balance due on [redacted]’s account; however, it is not clear whether or not [redacted] is accepting of this offer to resolve his complaint. Please clarify with [redacted] if he accepts this offer to resolve his complaint. As of today’s date, the outstanding balance of [redacted]’s account is $335.73, and continues to accrue interest daily.
Should the Revdex.com have any further questions or concerns, please feel free to contact me. I will look forward to hearing from you further.
Sincerely,
[redacted]
Thank you for the opportunity to respond to the recently filed complaint of [redacted]. We appreciatethe role the Revdex.com serves in resolving consumer concerns and hope to address the sameherein.Mr. [redacted]'s complaint, he appears to feel that the interest rate associated with his loan...
is too high.In the state of California, when one possesses a Finance Lenders License issued pursuant to FinancialCode #2200 et seq., there is no APR cap on loan amounts over $2,500.00. As such, the loan is notrestricted nor subject to any usury limits. The contract includes the disclosure:Important Notice to Borrower: THIS IS A HIGH COST LOAN. YOU MAY BE ABLE TOOBTAIN A LOWER RATE OF FINANCE CHARGE. THINK CAREFULLY BEFORE YOU DECIDETO TAKE THIS LOAN.Our records confirm, on September 1, 2016, Cash Central did mail Mr. [redacted] a copy of his loan contractas requested.In reviewing Mr. [redacted]'s account, an installment Loan in the amount of $2,501.00 was obtained onFebruary 15, 2016, with an effective date of February 16, 2016. This was a 24 monthly loan with 23payments of $400.39 and 1 payment of $399.00.In his complaint, Mr. [redacted] states he has "already paid back the loan plus interest", and has requestedCash Central close his account. Our records confirm, Cash Central has received 4 payments of $400.39($1,601.56) toward the balance. Mr. [redacted] currently has a past due balance due for $415.39.Per Mr. [redacted]'s request, Cash Central has placed a hold on his account, which means collection attemptshave been temporarily suspended.As a gesture of good faith, Cash Central is willing to settle Mr. [redacted]'s account for $899.44 to recover theoriginal principal amount, which can either be paid in a lump sum or may be paid in three monthlypayments. Please ask Mr. [redacted] to call me directly at ###-###-#### or by email at[redacted] to accept this offer.
[redacted]
[redacted]
[redacted] Here is the copy of my bank statement with the overdraft fees and I also left a copy in the office $872.00DEC 02, 2014[redacted]-$53.40DEC 01, 2014REJECTED[redacted]-$30.00NOV 22, 2014NSF FEE-$53.40NOV 21, 2014REJECTED[redacted]-$7.95NOV 16, 2014SERVICE CHARGE-$30.00NOV 15, 2014NSF FEE-$53.40NOV 14, 2014REJECTED[redacted]
I have reviewed the response made by the business in reference to complaint ID ##### and find that this resolution is satisfactory to me. The balance due amount is incorrect. You're forgetting the $125 you drafted from my account after you told me there would be no more drafting from my account.
Regards,
[redacted]
This letter responds to your correspondence of November 3, 2014, regarding the above referenced consumer. We appreciate the role of your office in helping to resolve consumer complaints.
Buckeye Check Cashing of Illinois, LLC (“1st Loans Financial”) is strictly a "brick and mortar"...
operation located in Illinois and does business solely under the name “1st Loans Financial”. Buckeye Check Cashing of Illinois, LLC previously did business under the name First Cash Advance; however, Buckeye Check Cashing of Illinois, LLC ceased doing business as First Cash Advance as of April 1, 2014, and began doing business as 1st Loans Financial. 1st Loans Financial offers a variety of consumer financial products which are strictly retail based. For further confirmation of 1st Loans Financial’s operations, I invite you to visit its website: www.firstloanstoday.com.
We did some further research and learned that the Federal Trade Commission (“FTC”) is aware of scams against consumers similar to that described by Ms. [redacted] in her complaint. At this time, I would encourage Ms. [redacted] to contact the FTC for further assistance, information, and to discuss her concerns. The FTC can be reached at 1-877-FTC-HELP (382-4357), and they may be able to provide Ms. [redacted] with additional information about these types of scams and assist her in resolving any other concerns or answer any other questions that she might have.
It appears that Ms. [redacted] is being contacted by a scam company and I would strongly encourage her to contact the FTC for further assistance. If, however, I can provide you with further information or assistance, I would be pleased to do so.
January 31, 2015 [redacted] This letter responds to your additional correspondence received on January 21, 2015, through the Revdex.com of Central Ohio, Inc. (“Revdex.com”). To follow up on our original response dated January 15, 2015, your correspondence is the type of request for debt verification that is sent to debt collectors pursuant to the Fair Debt Collections Practices Act, 15 U.S.C §1692 et seq. (“the Act”). You should understand that while this company’s activities in dealing with its customers are guided by certain principles embodied in the Act, as a matter of law, its mandates and prohibitions apply to “debt collectors”, not “creditors.”
Under the Act, a “debt collector” is “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another…[and] includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.”
The definition of “debt collector” expressly excludes the following:
(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;
(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts…
The loan that you obtained from Hoosier Check Cashing of Ohio, LTD (“CheckSmart”) on December 5, 2014, was authorized by Indiana Code IC 24-4.5-7. CheckSmart’s business is that of a lender. Ancillary, and not as its principal purpose of its business, it collects defaulted customer obligations for and on its own behalf. It does not collect debts “owed or due another.” It only collects debts owed to it and it does so only in its own or its registered trade name. As such it is exempt from the definition of “debt collector” as set forth in 15 U.S.C. §1692a.
There is no statutory requirement that CheckSmart provides validation of its customer’s debts; however, as an accommodation to you, on January 15, 2015, CheckSmart mailed you a copy of your signed Loan Agreement dated December 5, 2014.
In your additional correspondence to the Revdex.com dated January 21, 2015, you have stated that CheckSmart failed to answer your written letter. While your Loan Agreement dated December 5, 2014 will answer much of this for you, I have taken the liberty of addressing your questions which you will find enclosed.
We thank you for doing business with CheckSmart. Please let me know if I can help in any other way.
Sincerely,
Dear [redacted]:
I am writing in response to your correspondence dated March 2, 2015, regarding the above-referenced matter. We appreciate the role of your office in resolving consumer complaints and the opportunity to address [redacted]’s concerns.
Our records indicate that [redacted]...
initiated an open-ended line of credit with First Virginia Financial Services, LLC (“First Virginia”) on October 14, 2014. [redacted] initially took an advance of $250.00 on that same date. Our records indicate that [redacted]’s Line of Credit is currently in a “Delinquent” status, as we have not yet received her minimum monthly payment for the month of February. Our records indicate that the last payment that posted to [redacted]’s Line of Credit was in the amount of $54.25 and posted to her account on January 16, 2015. The disclosures in the Line of Credit Agreement (“Agreement”) explain how the interest and fees are calculated in each billing cycle. Under the Agreement, if [redacted] were to pay back any advance within thirty days of taking it, she would pay no interest or finance charges on the advance.
The Agreement also states that the minimum payment is comprised of a portion of the outstanding balance, fees incurred and Finance Charges up to the billing cycle closing date, and that all payments received by First Virginia will be applied first to fees, if any, and then to the Finance Charges. Payments in excess of all fees and Finance Charges are applied to the outstanding balance. Each month [redacted] is sent a statement that apprises her of the status of her line of credit, including the Finance Charges that have accrued and the minimum monthly payment requirements for her account.
[redacted]’s complaint, as I understand it, is regarding “automatic payments” that she set up at the time she initiated her Line of Credit; however, despite her efforts to cancel these “automatic payments”, [redacted] states that payments have continued to be deducted from her account.
In researching our records, First Virginia has not received any written request at its corporate office from [redacted] stating that she wished to cancel the automatic payments made from her account; however, as a result of [redacted]’s complaint with your office, as of today’s date we have opted [redacted] out of any future automatic payments. Please understand that, in order to prevent [redacted]’s account from moving into a “Default” status, she will be required to meet the minimum monthly payment requirements for her Line of Credit by making her future payments at a First Virginia branch location.
I hope the response set forth has addressed [redacted]’s concerns. Should you have any questions or need additional information, please feel free to contact me.
Sincerely,
[redacted]
[redacted]This letter responds to your correspondence of December 1, 2014, regarding the above-referenced matter. Thank you...
for bringing [redacted]’s complaint to our attention. We appreciate the role of the Revdex.com in mediating consumer complaints.
Our records indicate that [redacted] obtained a loan from Buckeye Check Cashing of Arizona, Inc. (“CheckSmart”) on June 17, 2014. [redacted]’s loan had an agreed-upon repayment date of July 1, 2014. When [redacted] did not pay his loan in person at that time, his loan was referred to CheckSmart’s corporate collections department. As of today’s date, [redacted] has an outstanding account balance of $319.17.
[redacted]’s complaint, as I understand it, is regarding withdrawals made to his checking account by CheckSmart. Our records indicate that [redacted] had made commitments for payment on July 9, 2014; July 21, 2014; and, August 30, 2014. [redacted] did not make these payments as agreed. Because the verbal efforts by CheckSmart’s corporate collections department to encourage [redacted] to make payment of his outstanding account balance were unsuccessful, CheckSmart initiated Electronic Funds Transfer (“EFT”) payments for [redacted]’s outstanding account balance using the account information he provided when he signed the loan agreement. CheckSmart’s EFT attempts were done in accordance with his loan agreement:
“Electronic Loan Payments. You understand that by your signature below in the following section as part of this Agreement, you authorize us, if we have not received payment from you acceptable to us by some other means, to withdraw funds from the financial institution identified by you for your scheduled loan payment(s) by means of electronic funds transfer (EFT) using Automated Clearing House (“ACH”) debit(s). If an electronic debit is dishonored and a late charge accrues you agree that the late charge fee may be added to the amount owing and payable by a subsequent EFT/ACH debit.”
Our records indicate that multiple EFT payment attempts were processed against [redacted]’s bank account on file; however, only payments processed on July 17, 2014, and November 20, 2014 (both in the amount of $125.00), were honored by [redacted]’s financial institution.
I have reviewed our records and, at this time, it does not appear that [redacted] has ever sent in a written request terminating the ACH/EFT Authorization that he gave in his loan agreement; however, as a courtesy to [redacted], based on his complaint with the Revdex.com, CheckSmart has used his complaint as notice to terminate his ACH/EFT Authorization. [redacted]’s account has been updated and no future ACH/EFT payments will be processed by CheckSmart relative to his June 17, 2014 loan.
In his complaint, [redacted] expresses concern regarding the balance of his account, and goes on to state, “…my account was turned over to an attorney… Since it was turned over to an attorney, my account has been ‘hit’ 5 times when I was told over the phone that it would not be affected anymore…” First, please understand that, because [redacted] did not make payment on his account balance as agreed, his outstanding account balance continued to accrue fees and finance charges in accordance with his loan agreement. Also, because CheckSmart’s efforts to secure payment directly with [redacted] were unsuccessful, his account was referred to an outside collection agency, Heldenbrand Law, as of October 7, 2014.
After having reviewed notations on Mr. Syprhrit’s account, it does appear that [redacted] was given some incorrect information by representatives of CheckSmart’s corporate collections department. I would like to take this opportunity to apologize to [redacted] for the incorrect information he received, and any confusion and frustration that this might have caused. It appears that during discussions with representatives of CheckSmart’s corporate collections department, [redacted] was advised that CheckSmart would not initiate any ACH/EFT debit entries to his account for payment as his loan had been referred to an outside collection agency. Because [redacted]’s account was not sold to another company, CheckSmart still retained its rights under [redacted]’s loan agreement to collect upon default. Please refer to the section of [redacted]’s loan agreement regarding “Our Rights Upon Default”. Again, I apologize for the misinformation that [redacted] received. I’d like to thank him for bringing this to our attention so that we can address the matter as a training opportunity for the employees involved.
As previously stated, our records indicate that [redacted] has an outstanding account balance of $319.17. In his complaint, [redacted] appears to be requesting a refund of non-sufficient funds charges assessed to him by his financial institution. In the alternative, and due to [redacted]’s complaint and experience, CheckSmart would be willing to waive the remaining balance due on his account, such that his account would recalled from the collection agency to which it was assigned and would reflect a “paid-in-full” status. If [redacted] is in agreement to this resolution, please let us know so that we can make the necessary adjustments to his account.
I hope the response set forth has addressed both your and [redacted]’s concerns. Again, we would like to thank [redacted] for bringing his complaint to our attention, and apologize for the confusion and frustration that this situation has caused him. We hope that [redacted] will accept the proposed resolution to bring closure to his complaint.
Should you have any questions or need additional information, please feel free to contact me.
Sincerely, [redacted]
[redacted]This letter responds to your correspondence of December 18, 2014, regarding the above-referenced matter. Thank you...
for bringing [redacted]’ complaint to our attention. We appreciate the role of the Revdex.com in mediating consumer complaints.
Our records indicate that [redacted] requested a loan from Buckeye Lending Solutions, LLC (“CheckSmart”) on November 15, 2014. The loan had an agreed-upon repayment date of December 1, 2014, and she provided a check to pay the loan on that date. CheckSmart deposited [redacted]’ check, and it was subsequently returned as an unpaid item by her financial institution due to insufficient funds on December 4, 2014. As of today’s date, [redacted] has an outstanding account balance of $992.85.
[redacted]’ complaint, as I understand it, is regarding the excessive amount of collection calls she has received. When a customer defaults on a loan, it is our standard procedure to contact the customer at the telephone numbers they have provided in an effort to make arrangements with them to pay the balance on their account. Typically there is a combination of manual calls that are made by an internal collections associate in tandem with calls placed by an automated dialer system. When either method does not result in a conversation with our customer within a single 24-hour period, continued attempts are made to reach the customer.
Our records indicate that representatives of CheckSmart’s corporate collections department have only spoken with [redacted] on two occasions. During the first telephone conversation with [redacted] on December 12, 2014, [redacted] made payment arrangements wherein she would make a payment of $328.51 on December 19, 2014, followed by payments of $328.53 every two weeks until her balance was paid in full.
Following this conversation with [redacted], representatives of CheckSmart’s corporate collections department made efforts to contact her again on December 18, 2014, as a courtesy to remind her of her payment arrangement for the following day. Our records indicate that [redacted] placed a phone call into CheckSmart’s corporate collections department in response to these telephone calls. Notations on [redacted]’ account indicate that when she called in, she would not verify any information to allow the corporate collections representative assisting her to verify her identity. In response, the representative advised [redacted] that the telephone calls she received may have been a courtesy reminder call.
In her complaint, [redacted] references poor treatment that she feels she received from a representative of CheckSmart’s corporate collections department. Our collections department employees are trained to be professional and supervisors monitor calls regularly to make sure that they are professional. Collectors who fall short of these expectations are counseled about appropriate behavior and, where called for, are reprimanded or terminated if they are unable to meet these expectations. At this time, CheckSmart is in the process of pulling and reviewing the telephone calls that occurred with [redacted]; however, in the meantime, I would like to offer [redacted] my apologies for any treatment she received that she perceived to be unacceptable.
In reviewing [redacted]’ account, we have no record of having received her payment on December 19, 2014, as agreed; however, because CheckSmart understands that these are challenging times, we have procedures set up to allow for payoffs of outstanding amounts. At this time, [redacted]’ account has been placed in a temporary “Hold” status, which means that collections efforts on her account have been temporarily suspended. We are doing this as an accommodation to [redacted] and ask that she contact [redacted], a senior supervisor in our collections area, to make arrangements for payment of her outstanding account balance. [redacted] can be reached at ###-###-####, extension ####, but [redacted] must contact her by January 7, 2015. If we have not heard from [redacted] by this time, collection activity on her account may resume. We hope that [redacted] will take this opportunity to contact [redacted].
I hope the response set forth has addressed both your and [redacted]’ concerns. Should you have any questions or need additional information, please feel free to contact me.
Sincerely,
[redacted]
This business has left as many as 20 voice mails a day, 7 days a week, which in my opinion is harassing and threatening. I have returned those calls many times and have asked for a monthly payment plan to pay the loan off in 6 months which was in December 2014. Each time they said they "couldnt figure out what the payoff would be" because interest accrues daily. That is false, as I have done similar payoffs with other loan companies. Now they have increased my balance to almost $2,800.00? This is basically loan sharking because they want to delay what my request original asked which was a 6 month payoff. Also, when I spoke with the [redacted] office, she told me if I didnt pay for 2 months, they would just write it off. Since I havent heard from them I assumed it was written off. Now, since I filed a Revdex.com complaint, they now have more details and have added interest without notifying me. I want this harassment stopped and am going to find other borrowers online that have used this company and find out which jurisdiction they are in to file a complaint with the local attorney general. I am willing to attempt to pay the $200.00 a month for 12 months to pay this off, they have already collected over $5000.00 on a $2500 loan and I am willing to pay another $2500.00, if not I will consult as many consumer complaint organizations as possible including yelp and other social media. I certainly hope they dont retaliate as they appear to be doing now.
Regards,
[redacted]
[redacted]
[redacted]
[redacted]
[redacted] [redacted] Regarding complaint # #####, for [redacted], could you ask that she send actual scanned copies of her bank statements, reflecting the debit attempts made by First Virginia any subsequent overdraft/nonsufficient funds fees that she feels should be refunded? We ask that she not black out any information on these bank statements other than her personal account number, should she choose to do so. Once we have this documentation, we will be better able to determine if, in fact, any refund is owed to [redacted]. [redacted] [redacted]
[redacted]
[redacted]
[redacted] [redacted]
[redacted] [redacted]
This letter responds to your correspondence of April 18, 2013, regarding the above-referenced matter. We appreciate your efforts to help resolve Mr. [redacted]’s concerns.
Let me start by offering Mr. [redacted] an apology for what was clearly our error. According to our records, Mr. [redacted]...
requested a loan from Buckeye Lending Solutions, LLC (“CheckSmart”) on November 1, 2013. Mr. [redacted]’s loan had an agreed-upon repayment date of December 3, 2013, and he provided a check to pay his loan on that date. When Mr. [redacted] did not pay his loan in person on his due date, CheckSmart deposited his check. Our records indicate that Mr. [redacted]’s check was returned as an unpaid item by his financial institution on December 10, 2013. As of today’s date, Mr. [redacted]’s account is considered “settled-in-full”.
Mr. [redacted]’s complaint, as I understand it, is that although he settled his outstanding account balance with CheckSmart through a third party collection agency, he was later contacted by a different collection agency seeking payment for the same account.
In researching our records, I have found that although CheckSmart tried to resolve Ms. [redacted]’s outstanding account balance directly with him, because we were unsuccessful, his account had been referred to an outside collection agency on January 29, 2014, [redacted]fter having the opportunity to research Mr. [redacted]’s complaint, I can confirm that Mr. [redacted] did, in fact, settle his outstanding account balance with [redacted] and that payment of $466.37 was posted to his account on February 27, 2014.
Unfortunately, following Mr. [redacted]’s payment, CheckSmart’s corporate collections database was not updated correctly and, as a result, the balance appeared to be due and owing by Mr. [redacted]. As a result of this error, CheckSmart’s collections efforts continued, and what appeared to be an outstanding account balance owed by Mr. [redacted] was sold to another collection agency, [redacted] We have no record of Mr. [redacted] previously contacting CheckSmart directly to discuss this matter; however, upon receipt of Mr. [redacted]’s complaint, CheckSmart requested that Mr. [redacted]’s account be closed out and returned to us from [redacted]. With that in mind, Mr. [redacted]’s account reflects a “settled-in-full” status with a zero balance owed at this time.
This situation is an extremely unusual occurrence; however, as a result of Mr. [redacted]’s complaint, we will be able to improve our quality controls to prevent this from potentially happening to other customers. We appreciate this being brought to our attention. In addition, I would like to apologize to Mr. [redacted] for his experience, as well as for any frustration or inconvenience he experienced as a result of this. This situation is not our standard operating procedure, and is an extremely unusual occurrence; however, as a result of this situation, we will be able to improve our quality controls to prevent this from potentially happening to other customers.
Again, Mr. [redacted]’s account reflects a zero balance, and is considered “settled-in-full”. We hope that Mr. [redacted] will accept our apologies for this situation and know that CheckSmart is committed to its customers and appreciates his business.
CheckSmart truly regrets Mr. [redacted]’s experience and we thank him for bringing this matter to our attention so that we could address this situation appropriately. Should you have any questions, please feel free to contact me.
Sincerely,
Joseph M[redacted]
This responds to your correspondence dated November 13, 2014, regarding the above-referenced matter.
CheckSmart previously attempted to work directly with [redacted] to resolve her concerns. A representative of CheckSmart previously spoke with the Branch Manager at [redacted]’s financial institution...
to discuss this situation and assist her in resolving her concerns. The Branch Manager that our representative spoke with had indicated they had reimbursed [redacted] for some of the fees that she had been assessed and that Branch Manager also advised our representative that it would be best for [redacted] to come to his office to go over the remaining fees and determine what needed to be refunded. At that time, the representative from CheckSmart that was assisting [redacted] asked her to send us her findings with her financial institution so that we could coordinate any further refund she may be owed. [redacted] was asked to fax us this information; however, to date, we have not received anything further from [redacted] or the Branch Manager of her financial institution that we previously discussed this situation with.
In order to further assist her in her request, we ask that [redacted] provide us with a full copy of her bank statement ([redacted] is welcome to black out her personal account information, but we ask that transactional data not be blacked out).
We look forward to receiving this documentation and will immediately refund any fees that were assessed to her as a result of this situation. If, in the meantime, I can be of any further assistance, please do not hesitate to contact me.
Sincerely, [redacted]
As indicated in the previous response dated April 8, 2015, Buckeye Lending Solutions, LLC appreciates
this being brought to our attention. In
addition, we would again like to apologize to Mr. [redacted] for his experience,
as well as for any frustration or inconvenience he experienced as a result of
this.
Buckeye Lending Solutions, LLC, has
confirmed with our outside collection agencies that Mr. [redacted]’s account was
has been closed and no negative reporting on his credit report has occurred.
Should Mr. [redacted] have
additional questions, I can be reached at ###-###-####.
Complaint ID No. [redacted] Dear [redacted] This letter responds to your original correspondence of February 13, 2015, regarding the above-referenced matter. We appreciate the role of your office in helping to resolve consumer complaints.
[redacted]’s complaint, as I...
understand it, is that he purchased a Western Union money order that was stolen from him following his purchase. Upon checking our records, I can confirm that the money order was presented to and cashed on September 2, 2014, at the CheckSmart retail branch located at [redacted]. When this money order was presented to CheckSmart, employees of CheckSmart called Western Union to confirm that the money order was valid and had not been reported as lost or stolen. Western Union did not provide any information that would prevent CheckSmart from cashing the money order. Had appropriate precaution been taken and [redacted] immediately completed the “Payee” section of the money order, such actions would have restricted who could endorse and cash the money order in question.
If [redacted] has not already done so, I would strongly encourage him to contact Western Union directly to file a claim and report the money order as being stolen. Western Union can be contacted as follows:
Western Union Financial Services, Inc. [redacted] Phone: ###-###-#### [redacted] I regret that, at this time, CheckSmart is unable to further assist [redacted] with his concerns; however, should he contact Western Union directly, they will be better able to assist him and address any remaining issues or concerns that he may have.
I sincerely hope that the response set forth above provides a satisfactory response to this matter. Should you have any additional questions, please feel free to contact me.
Sincerely, [redacted]
[redacted] This letter is in response to your correspondence dated November 19, 2014, regarding the above-referenced matter. We...
appreciate the role of the Revdex.com in helping to resolve consumer complaints.
Our records indicate that [redacted] most recently obtained a loan from Insight Capital, LLC (“Easy Money”) on November19, 2014. The loan has an agreed-upon repayment date of November 29, 2014. If [redacted] chooses not to pay his loan in person at that time, his check may be deposited or the bank account information he provided may be used to debit his account for payment in accordance with his loan agreement.
My understanding of [redacted]’s complaint is that Easy Money will not accept a payment plan from him. Under the Community Financial Services Association of America’s (“CFSA”) Best Practice requiring a CFSA Member to offer a customer an Extended Payment Plan (“EPP”), “A customer must ask for the EPP by close of business on the last business day before the loan due date by returning to the office where the loan was originated or by using whatever method was used to obtain the loan. To receive the EPP, a customer must sign an amendment to the loan agreement reflecting the new payment schedule”.
Our records indicate that [redacted] previously obtained a loan through Easy Money on October 16, 2014, with an agreed-upon repayment date of October 31, 2014. [redacted] did not pay his loan on the payment due date; however, representatives of Easy Money’s corporate collections department spoke with [redacted] on November 3, 2014. During that telephone conversation, [redacted] indicated he would pay his loan that same day at an Easy Money branch location. [redacted] did not make this payment as agreed, and payment of his loan was drafted from his bank account on November 13, 2014, in accordance with his loan agreement. We have no record of [redacted] having previously requested an EPP for repayment of his loan.
Upon receipt of [redacted]’s complaint from your office, a District Manager with Easy Money reached out to [redacted] to assist in offering him the EPP option for his current loan due on November 29, 2014. To date, we have no record of [redacted] returning that telephone call and entering into an EPP for his current loan.
If [redacted] is interested in setting up an EPP for his current loan, I would encourage him to visit the Easy Money branch location where he obtained his loan prior to the end of business on November 28, 2014. If [redacted]’s loan qualifies to be enrolled in an EPP, our representatives will be glad to assist him.
For ease of reference, I have included with our response a copy of [redacted]’s November 19, 2014, loan agreement, as well as information from the CFSA regarding the EPP option.
I sincerely hope that the response set forth above has been responsive to both your and [redacted]’s concerns. Should you have any questions, please feel free to contact me.
Sincerely, [redacted]
This responds to your additional correspondence dated December 4, 2014, regarding the above-referenced matter. We appreciate the bank statements provided by [redacted]
At this time, I have calculated a refund to be issued to [redacted] in the amount of $222.00 due to this incident. This $222.00 includes overdraft fees assessed to [redacted] as follows:
Date Amount
9/17/2014 $37.00
9/23/2014 $37.00
9/30/2014 $74.00 (2 $37.00 overdraft fees assessed)
10/2/2014 $37.00
10/20/2014 $37.00
Total: $222.00
At this time, in order for CheckSmart to issue the refund in question, we ask that [redacted] confirm the 9-digit bank routing number and the bank account number associated with the account she wishes this refund to be deposited to. To assist [redacted] in locating this information, I have attached an image of a personal check identifying which numbers on the check are the routing and account numbers.
We look forward to receiving this clarification from [redacted] Upon receipt of this information, CheckSmart will immediately issue a refund to her account in the amount of $222.00. If, in the meantime, I can be of any further assistance, please do not hesitate to contact me.
Sincerely, [redacted]
I have reviewed the response made by the business in reference to complaint ID ###### and find that this resolution is satisfactory to me.
Regards,
[redacted]
The company has failed to answer the written letter only acknowledging that the consumer owed the debt. In my letter there are several questions regarding how this was determined. The company response was without merit, and notwithstanding in contextual context in only answering the simple undetermined question . The company has failed to uphold the consumer protection laws in the State of [redacted] . I have asked many times for a itemized billing statement, verification of debt mailed to me, and this has not been done. One could speculate that the written letter sent to the company may needed some type of legal review due to his specific questions regarding Consumer Protection Laws. This was obliviously not done. I would recommended that the company zero the balance and desists all collections as it appears that they are not competent in understanding my written letter.
Regards,
[redacted]
Although I agree with the lender (buckeye lending) on the resolution as far as my account being paid in full, I have yet received an apology letter from them. Also they have not notified the collection agency ( [redacted] ) that the debt is paid. Along with that they have not resolved any negative reporting on my credit report. Please I would like this resolved as soon as possibleThank you,[redacted]
This letter responds to your additional correspondence of December 15, 2014, regarding the above-referenced matter. We appreciate the role of the Revdex.com in mediating consumer complaints and also the additional opportunity to address [redacted]’s concerns.
At this time, it appears that we have provided all relevant, factual information addressing [redacted]’s concerns from his original complaint. As I already indicated in our previous response dated December 12, 2014, I’d like to apologize to [redacted] for the misinformation he received regarding payments processed using the account information on file after his account was referred to an outside collection agency. It is never CheckSmart’s intention to mislead any of our customers. In addition, in his additional comments, [redacted] states that he was treated poorly by representatives of CheckSmart’s corporate collections department, stating he was referred to as a “deadbeat”. I have taken this opportunity to review all available call recordings that occurred with [redacted] and I assure you that at no time was [redacted] referred to as a “deadbeat”; nonetheless, I would like to apologize to [redacted] for any conversations that occurred that he perceived to be unacceptable.
In our previous response, CheckSmart offered to waive the remaining balance due on [redacted]’s account; however, it is not clear whether or not [redacted] is accepting of this offer to resolve his complaint. Please clarify with [redacted] if he accepts this offer to resolve his complaint. As of today’s date, the outstanding balance of [redacted]’s account is $335.73, and continues to accrue interest daily.
Should the Revdex.com have any further questions or concerns, please feel free to contact me. I will look forward to hearing from you further.
Sincerely,
[redacted]
Thank you for the opportunity to respond to the recently filed complaint of [redacted]. We appreciatethe role the Revdex.com serves in resolving consumer concerns and hope to address the sameherein.Mr. [redacted]'s complaint, he appears to feel that the interest rate associated with his loan...
is too high.In the state of California, when one possesses a Finance Lenders License issued pursuant to FinancialCode #2200 et seq., there is no APR cap on loan amounts over $2,500.00. As such, the loan is notrestricted nor subject to any usury limits. The contract includes the disclosure:Important Notice to Borrower: THIS IS A HIGH COST LOAN. YOU MAY BE ABLE TOOBTAIN A LOWER RATE OF FINANCE CHARGE. THINK CAREFULLY BEFORE YOU DECIDETO TAKE THIS LOAN.Our records confirm, on September 1, 2016, Cash Central did mail Mr. [redacted] a copy of his loan contractas requested.In reviewing Mr. [redacted]'s account, an installment Loan in the amount of $2,501.00 was obtained onFebruary 15, 2016, with an effective date of February 16, 2016. This was a 24 monthly loan with 23payments of $400.39 and 1 payment of $399.00.In his complaint, Mr. [redacted] states he has "already paid back the loan plus interest", and has requestedCash Central close his account. Our records confirm, Cash Central has received 4 payments of $400.39($1,601.56) toward the balance. Mr. [redacted] currently has a past due balance due for $415.39.Per Mr. [redacted]'s request, Cash Central has placed a hold on his account, which means collection attemptshave been temporarily suspended.As a gesture of good faith, Cash Central is willing to settle Mr. [redacted]'s account for $899.44 to recover theoriginal principal amount, which can either be paid in a lump sum or may be paid in three monthlypayments. Please ask Mr. [redacted] to call me directly at ###-###-#### or by email at[redacted] to accept this offer.
[redacted]
[redacted]...
[redacted]
[redacted]
[redacted] Here is the copy of my bank statement with the overdraft fees and I also left a copy in the office $872.00DEC 02, 2014[redacted]-$53.40DEC 01, 2014REJECTED[redacted]-$30.00NOV 22, 2014NSF FEE-$53.40NOV 21, 2014REJECTED[redacted]-$7.95NOV 16, 2014SERVICE CHARGE-$30.00NOV 15, 2014NSF FEE-$53.40NOV 14, 2014REJECTED[redacted]
I have reviewed the response made by the business in reference to complaint ID ##### and find that this resolution is satisfactory to me. The balance due amount is incorrect. You're forgetting the $125 you drafted from my account after you told me there would be no more drafting from my account.
Regards,
[redacted]
This letter responds to your correspondence of November 3, 2014, regarding the above referenced consumer. We appreciate the role of your office in helping to resolve consumer complaints.
Buckeye Check Cashing of Illinois, LLC (“1st Loans Financial”) is strictly a "brick and mortar"...
operation located in Illinois and does business solely under the name “1st Loans Financial”. Buckeye Check Cashing of Illinois, LLC previously did business under the name First Cash Advance; however, Buckeye Check Cashing of Illinois, LLC ceased doing business as First Cash Advance as of April 1, 2014, and began doing business as 1st Loans Financial. 1st Loans Financial offers a variety of consumer financial products which are strictly retail based. For further confirmation of 1st Loans Financial’s operations, I invite you to visit its website: www.firstloanstoday.com.
We did some further research and learned that the Federal Trade Commission (“FTC”) is aware of scams against consumers similar to that described by Ms. [redacted] in her complaint. At this time, I would encourage Ms. [redacted] to contact the FTC for further assistance, information, and to discuss her concerns. The FTC can be reached at 1-877-FTC-HELP (382-4357), and they may be able to provide Ms. [redacted] with additional information about these types of scams and assist her in resolving any other concerns or answer any other questions that she might have.
It appears that Ms. [redacted] is being contacted by a scam company and I would strongly encourage her to contact the FTC for further assistance. If, however, I can provide you with further information or assistance, I would be pleased to do so.
January 31, 2015 [redacted] This letter responds to your additional correspondence received on January 21, 2015, through the Revdex.com of Central Ohio, Inc. (“Revdex.com”). To follow up on our original response dated January 15, 2015, your correspondence is the type of request for debt verification that is sent to debt collectors pursuant to the Fair Debt Collections Practices Act, 15 U.S.C §1692 et seq. (“the Act”). You should understand that while this company’s activities in dealing with its customers are guided by certain principles embodied in the Act, as a matter of law, its mandates and prohibitions apply to “debt collectors”, not “creditors.”
Under the Act, a “debt collector” is “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another…[and] includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.”
The definition of “debt collector” expressly excludes the following:
(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;
(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts…
The loan that you obtained from Hoosier Check Cashing of Ohio, LTD (“CheckSmart”) on December 5, 2014, was authorized by Indiana Code IC 24-4.5-7. CheckSmart’s business is that of a lender. Ancillary, and not as its principal purpose of its business, it collects defaulted customer obligations for and on its own behalf. It does not collect debts “owed or due another.” It only collects debts owed to it and it does so only in its own or its registered trade name. As such it is exempt from the definition of “debt collector” as set forth in 15 U.S.C. §1692a.
There is no statutory requirement that CheckSmart provides validation of its customer’s debts; however, as an accommodation to you, on January 15, 2015, CheckSmart mailed you a copy of your signed Loan Agreement dated December 5, 2014.
In your additional correspondence to the Revdex.com dated January 21, 2015, you have stated that CheckSmart failed to answer your written letter. While your Loan Agreement dated December 5, 2014 will answer much of this for you, I have taken the liberty of addressing your questions which you will find enclosed.
We thank you for doing business with CheckSmart. Please let me know if I can help in any other way.
Sincerely,
Joseph Mullin
Enclosure
Dear [redacted]:
I am writing in response to your correspondence dated March 2, 2015, regarding the above-referenced matter. We appreciate the role of your office in resolving consumer complaints and the opportunity to address [redacted]’s concerns.
Our records indicate that [redacted]...
initiated an open-ended line of credit with First Virginia Financial Services, LLC (“First Virginia”) on October 14, 2014. [redacted] initially took an advance of $250.00 on that same date. Our records indicate that [redacted]’s Line of Credit is currently in a “Delinquent” status, as we have not yet received her minimum monthly payment for the month of February. Our records indicate that the last payment that posted to [redacted]’s Line of Credit was in the amount of $54.25 and posted to her account on January 16, 2015. The disclosures in the Line of Credit Agreement (“Agreement”) explain how the interest and fees are calculated in each billing cycle. Under the Agreement, if [redacted] were to pay back any advance within thirty days of taking it, she would pay no interest or finance charges on the advance.
The Agreement also states that the minimum payment is comprised of a portion of the outstanding balance, fees incurred and Finance Charges up to the billing cycle closing date, and that all payments received by First Virginia will be applied first to fees, if any, and then to the Finance Charges. Payments in excess of all fees and Finance Charges are applied to the outstanding balance. Each month [redacted] is sent a statement that apprises her of the status of her line of credit, including the Finance Charges that have accrued and the minimum monthly payment requirements for her account.
[redacted]’s complaint, as I understand it, is regarding “automatic payments” that she set up at the time she initiated her Line of Credit; however, despite her efforts to cancel these “automatic payments”, [redacted] states that payments have continued to be deducted from her account.
In researching our records, First Virginia has not received any written request at its corporate office from [redacted] stating that she wished to cancel the automatic payments made from her account; however, as a result of [redacted]’s complaint with your office, as of today’s date we have opted [redacted] out of any future automatic payments. Please understand that, in order to prevent [redacted]’s account from moving into a “Default” status, she will be required to meet the minimum monthly payment requirements for her Line of Credit by making her future payments at a First Virginia branch location.
I hope the response set forth has addressed [redacted]’s concerns. Should you have any questions or need additional information, please feel free to contact me.
Sincerely,
[redacted]