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I got a call from BLN/Hartman & Associates on an old PDL from 2005 for USAPayDay. This woman told me that because the account had been closed for 3 years and I've ignored the calls (which I did not receive), she said that I committed bank fraud on this loan. I told her that PDL's are illegal in the state of MD and she replied that back then they were not illegal and what am I gonna do about this debt. I told her that I could pay in on Friday and she replied that was unacceptable and if I don't have the money in by 5pm today, she was going to turn my account over to the state attorney's office for MD and have the Sherriff's office come and pick me up. So I called the original lender and explained the situation to them and they called this company to try to get them to do a payment plan and then told me that BLN will call me in a few minutes. I talked to another very very rude woman this time and she asked me why did I take the loan and then close the account and what did I spend it on and why can't I borrow this money from anyone. I told her I asked a few folks and they didn't have it and you can't get nothing I don't have so she replied ok well if you don't have these funds to me by 7pm today, I will call your job and have you fired. I told her she can't do that and that is harrasment. She said that it wasn't because I owe the debt and she can talk to me anyway she wants to. I just hung up the phone. Has anyone had any dealings with these people??? Will they cause me to loose my job??? Can they have me arrested???




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.

Sub: #1 posted on Thu, 08/07/2008 - 01:18

jjanney jjanney

(Posts: 53 | Credits: 8.7)

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

Sub: #2 posted on Thu, 08/07/2008 - 01:33

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Turn them in to the MD AG's office. They are very aggresive against payday lenders.

Sub: #3 posted on Thu, 08/07/2008 - 20:38

wssu92 wssu92

(Posts: 510 | Credits: 31.64)

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.

Sub: #4 posted on Thu, 08/07/2008 - 21:57

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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.

Sub: #5 posted on Fri, 08/08/2008 - 01:26

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