Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person . . . ."
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Many people are surprised to learn that debt collectors can sue debtors for the balance of any outstanding debt. Many times, debt collection agencies will bring a lawsuit for breach of contract because when individuals don't pay the debt they agreed to pay.
The goodwill deletion request letter is based on the age-old principle that everyone makes mistakes. It is, simply put, the practice of admitting a mistake to a lender and asking them not to penalize you for it. Obviously, this usually works only with one-time, low-level items like 30-day late payments.
General impression test When deciding whether marketing information raises concerns under the Competition Act, the court consider both the literal meaning of the information and the general impression it makes. This is known as the general impression test.
Courts have found false and misleading representations in these cases - a: manufacturer sold socks, which were not pure cotton, labelled as 'pure cotton' retailer placed a label on garments showing a sale price and a higher, crossed-out price. However, the garments had never sold for the higher price.
Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.
The short and simple answer is that no, you cannot be held responsible for another person's debts. This analysis changes, however, if you have signed as a responsible party, either as a co-signer or guarantor on the debt.
Misleading or deceptive conduct is when a business makes claims or representations that are likely to create a false impression in consumers as to the price, value or quality of goods or services on offer. This is against the law.
A false statement is when it is not true, regardless of whether or not you know that it is false. A misleading statement is when it gives a false impression, is uninformative, unclear, or deceptive.
If you're sure the debt isn't yours, you don't need to worry about clearing it, but you can get it removed from your credit file if it's recorded there. You can raise any issues with the credit reference agencies, and tell anyone chasing for these debts to update their records.
Examples of fraud by false representation Examples include: Exaggerating your income on a mortgage application form. Falsifying details to obtain a credit card. Selling assets that are not yours to sell, or that do not exist.
