Consumer complaint received 2022-11-05
Company: BAY COUNTRYCONSUMER FINANCE,INC.
State: MD
Product: Debt collection
Sub-product: Payday loan debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
I was approved for a {$1500.00} loan with Bay Country Financial Services on XX/XX/XXXX and due to good payment history was approved for another loan of {$1000.00} on XX/XX/XXXX. In the midst of the COVID19 pandemic, I was unemployed and running late on making payments to the lender due to lack of funds. My car ( XXXX XXXX XXXX ) was repossessed by XXXX XXXX and XXXX XXXX, XXXX XX/XX/XXXX due to missed payments. Bay Country stated that I had to pay {$340.00} to get my car back. However, the tow company stated I had to pay about {$300.00} and an additional {$100.00} for everyday my car was left on their lot. I did not have this kind of money to pay at the time so in XX/XX/XXXX the vehicle was returned to the first lien holder ; XXXX XXXX XXXX and my car was sold, and the account was closed. 

On XX/XX/XXXX there was a Summons Issued to my former address stating that there was a small claims case opened against me. The tentative court hearing was scheduled XX/XX/XXXX, which I appeared to defend myself but was told there was no actual hearing just a judgment being made. I was given Bay Countrys Lawyer information ( XXXX XXXX XXXX XXXX and told to contact him for more information. I went to visit his local office in XXXX XXXX, MD twice, both times I was unable to speak with him or get to anyone in the office. I contacted the office via phone and was able to speak to XXXX  XXXX  XXXX XXXX. She wasnt able to give much information of clarity or help but told me to contact XXXX, the manager of Bay Country Financial Solutions. Upon doing my own due diligence ( because the summons was sent to my old address ) I saw on Maryland Case Search that Bay Country and XXXX XXXX filed a Writ of Garnishment against me on XX/XX/XXXX in an attempt to collect an alleged {$4700.00} of debt owed. 

On XX/XX/XXXX I visited XXXX  at the Bay Country office in XXXX XXXX, MD ( please refer to recorded conversation available in documents section of this complaint ). When I spoke to XXXX, I was told that I had the option to set up a payment arrangement to finalize debt and it would stop the Writ of Garnishment from being processed. XXXX  also told me that I only owed an amount of XXXX XXXX XXXX XXXX XXXX and something dollars, it might be cheaper. But once I informed him that that was not the information I saw on case search he referenced that he may have to call XXXX  at the attorneys office. To me, he did not sound like he knew much of what was going on with my case. I also asked him if he could provide me with a letter giving me the exact day they repossessed my car for my records he stated he would give me a call in a couple days once he did more research. 

XXXX  called me XX/XX/XXXX retracing all statements he told me in office and communicating now there was no way he could set me up for a payment arrangement. He also stated he could not give me a letter for my records because the company does not give out that information. He gave me the information to the tow truck company XXXX XXXX XXXX and XXXX XXXX XXXX XXXX ) and directed me to call them and stated maybe they can give me more information of when the repossession took place. I called the tow truck company and spoke with the manager and she communicated that she could not tell me when my car was repossessed because through their contract with Bay Country, they can not give out that information either. So, I felt like I was being given the run around. 

I have a few issues with this process. Bay Country Financial Services did not act in good faith throughout this whole process as I feel parts of our contract/agreement were intentionally left out throughout this entire encounter. I feel that there was also a lack of due process considering the attempt to garnish my wages for well over the loan amount borrowed and attachment of other fees without my defense. According to 15 U.S. Code 1692e A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. It further explains in ( 4 ) the representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful, and the debt collector or creditor intends to take such action. Which states that a debt collector can not seize my vehicle in an attempt to collect debt unless lawful. However, my contract was between XXXX XXXX and BAY COUNTRY FINACIAL SERVICES, with XXXX XXXX AND XXXX XXXX, XXXX nowhere in that agreement nor was it explained to me as a part of the repayment process ; Bay Country Financial Services again not acting in good faith. So, technically XXXX XXXX and XXXX XXXX XXXX XXXX has committed an unlawful seizure or Grand Theft Auto to be exact according to the law and had to nerve to attempt to charge me to retrieve my vehicle. This unlawful act also explains why they did not want to give me any proper documentation stating the date and time the retrieved my vehicle. 

Bay Country seized my vehicle and after many other unlawful acts as a debt collector committed by them throughout this past two years and dealing with them I do not believe they should have the right to garnish my wages today. I also owe the Maryland Vehicle Administration about {$1000.00} for a lapse of insurance during the time Bay Country had my vehicle due to them not submitting the proper documents to the correct authorities and still not being able to give me those documents once requested.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation