Kansas Letter Informing Debt Collector of Unfair Practices in Collection Activities - Taking, or Threatening to Take, any Nonjudicial Action Where there is no Present Right or Intent to Exercise such Rights

State:
Multi-State
Control #:
US-DCPA-20.4BG
Format:
Word; 
Rich Text
Instant download

Description

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


"(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest . . . . (B) there is no present intention to take possession of the property."

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FAQ

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

No harassment The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.

The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

Debts that may not be covered are those that are not incurred voluntarily, such as income taxes, parking and speeding tickets, and domestic support obligations like child support and alimony, or spousal support.

Unfair practices are prohibitedDeposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.

Here's what to do:Get a copy of your credit report from each major credit bureauEquifax, Experian and TransUnion.List all the erroneous collection accounts on your credit reports and write down as much information as possible about each item.Write a dispute letter and send it to each credit bureau.More items...?

The FDCPA broadly prohibits a debt collector from using 'any false, deceptive, or misleading representation or means in connection with the collection of any debt. ' 15 U.S.C. § 1692e. The statute enumerates several examples of such practices, 15 U.S.C.

The FDCPA prohibits debt collectors from engaging in harassment or abuse, making false or misleading representations, and engaging in unfair practices. A debt collector cannot harass or abuse any person when collecting debts.

The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

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Kansas Letter Informing Debt Collector of Unfair Practices in Collection Activities - Taking, or Threatening to Take, any Nonjudicial Action Where there is no Present Right or Intent to Exercise such Rights