BLN/Hartman and Associates
Date: Wed, 08/06/2008 - 12:37
Call an FTCPA attorney
From the sounds of the call, the debt collector may have violated several provisions of the Fair Debt Collection Practices Act (fdcpa). Do a search for FDCPA to learn more about this law (everyone here should become very familiar with the FDCPA).
The FDCPA provides consumers the ability to sue debt collectors for violations of the FDCPA (such as threatening to have you arrested if you don't pay the debt, claiming that you are committing a crime by not paying the debt, etc).
Debt collectors are not allowed to be unfair or abusive and are not allowed to tell others (including your employer) about your debt (not even the fact that you owe a debt). Furthermore, debt collectors cannot call you at work if they are aware your employer disapproves of you receiving such call at work.
Do a search for attorneys in your area who defend consumers against FDCPA violations. I believe the standard fine is $1,000 per violation. So, it may be well worth a phone call (and some lawyers will take the case on consignment).
Please post what you find after you speak with an attorney... I think it would be helpful to have this information posted here for others to see.
cant she just send them a c&d letter, and work with the original
cant she just send them a c&d letter, and work with the original creditors and then go to the bbb and let them know
Turn them in to the MD AG's office. They are very aggresive agai
Turn them in to the MD AG's office. They are very aggresive against payday lenders.
I just got off the phone with the MD Financial Regulation Commis
I just got off the phone with the MD Financial Regulation Commission and they told me that this company is not licensed in Maryland and that they did violate the Fair Debt Act and they are sending them a certified letter to cease and desist all communication with me. Also since the PDL was from 2005, the lender has already wrote it off for non payment and this company bought the loan and are trying to collect on it. He also told me that if they continue to contact me after receiving the cease and desist notice, I can sue them.
I talked to a representative from the Atty Gen Ofc from Md. She
I talked to a representative from the Atty Gen Ofc from Md. She informed me that she got another complaint from this same company BRN (Balance Recovery Network) anyone ever heard of them? She was about the send a cease and desist letter to them for another person. She said that even though the PDL was from 2005, PDL were illegal in MD in 2005 and that the violated the Comsumer Fair Debt Act. So I sent her all the information about the lender and their rates and also the name of the company that harrassed me. She said that by the loan being 3 years old, it was probably written off by USA payday and BRN brought it and now they are trying to get their money back. So she is sending them and C&D letter for me too. I'll keep you updated.