Maine Notice letter to debt collector of Section 806 violation - harassment

State:
Multi-State
Control #:
US-DCPA-18
Format:
Word; 
Rich Text
Instant download

Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

A debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt.

Examples include:

  • Using threats (including implied threats), violence, or other criminal means to harm anyones reputation, property, or physical person.
  • Using obscene or profane language or language likely to abuse the hearer or reader. Such language includes abusive language includes religious slurs, profanity, obscenity, calling the consumer a liar or a deadbeat, and the use of racial or sexual epithets.
  • Posing a lengthy series of questions or comments to the consumer without giving the consumer a chance to reply.
  • Leaving telephone messages with neighbors when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
  • Publishing a list of consumers who allegedly refuse to pay debts except to a credit reporting agency as permitted by law.
  • Advertising the sale of any debt to coerce payment. A debt collector may not shame a consumer into paying their debt by publicizing it.
  • Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
  • Placing telephone calls without meaningful disclosure of the caller's identity.

    Use this form to get a debt collector to stop harassing, opressing, or abusing you.

    This form also also includes follow-up letters containing a warning that the debt collector may face going to court if they continue engaging in behavior that violates the FDCPA.

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    FAQ

    Federal law doesn't give a specific limit on the number of calls a debt collector can place to you. A debt collector may not call you repeatedly or continuously intending to annoy, abuse, or harass you or others who share the number.

    You should complain to the bank, building society or credit card company first, using their complaints procedure. If this does not sort out the problem, you can complain to the Financial Ombudsman Service, telling them that a debt collector or creditor has broken the terms of the Standards of Lending Practice.

    The Administration of Justice Act prevents debt collectors from being allowed to 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.

    Debt collection agencies may take you to court on behalf of a creditor if they have been unable to contact you in their attempts to recover a debt. Before being threatened by court action, the debt collection agency must have first sent you a warning letter.

    Ask to be communicated in writing only. If you are working on the funds to offer the Collection Agency or the Agency becomes too harassing, you can request for the Collection Agency to send you communication by mail only.

    Debt Collectors Can't Call You Repeatedly to Harass You This means that while the FDCPA doesn't place a specific limit on the number of calls debt collectors can make, it prohibits them from calling you multiple times just to harass you. (15 U.S. Code §? 1692d).

    The definition of debt collection harassment is to intimidate, abuse, coerce, bully or browbeat consumers into paying off debt. This happens most often over the phone, but harassment could come in the form of emails, texts, direct mail or talking to friends or neighbors about your debt.

    In the letter, reference the date of the initial contact and the method, for example, "a phone call received from your agency on April 25, 2019." You also need to provide a statement that you're requesting validation of the debt. Do not admit to owing the debt or make any reference to payment.

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    Maine Notice letter to debt collector of Section 806 violation - harassment