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Letter Informing Debt Collector of Unfair Practices in Collection...

South Carolina Letter Informing Debt Collector of Unfair Practices in Collection Activities - Collecting an Amount not Authorized by the Agreement Creating the Debt or by Law

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

Control #:

US-DCPA-20.1BG

Format:

Instant download

Description

Section 808 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692f, provides, in part, as follows:

"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:

"(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law."

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FAQ

One of the most common violations of the FDCPA involves contacting consumers at inconvenient times or repeatedly. Debt collectors must respect your privacy and adhere to reasonable contact practices. If you find yourself facing such violations, a well-crafted South Carolina Letter Informing Debt Collector of Unfair Practices in Collection Activities - Collecting an Amount not Authorized by the Agreement Creating the Debt or by Law can address the issue directly.

The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been

That information includes:The name of the creditor.The amount owed.That you can dispute the debt.That if you don't dispute the debt within 30 days the debt collector will assume the debt is valid.That if you dispute the debt in writing within 30 days the debt collector will provide verification of the debt.More items...?

You have 30 days to dispute a debt or part of a debt within 30 days from when you first receive the required information from the debt collector.

If, within the 30-day period, the consumer disputes in writing any portion of the debt or requests the name and address of the original creditor, the collector must stop all collection efforts until he or she mails the consumer a copy of a judgment or verification of the debt, or the name and address of the original

If a debt collector fails to verify the debt but continues to go after you for payment, you have the right to sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.

The 5 Essential Components of a Collection LetterFormal Letterhead. Making sure that the collection letter is printed on your formal company letterhead sets the tone for every interaction that will follow with the debtor.State Your Case.List All Payments.Explain the Next Steps.Require a Signature.

A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.

§ 1006.34 Notice for validation of debts.Deceased consumers.Bankruptcy proofs of claim.In general.Subsequent debt collectors.Last statement date.Last payment date.Transaction date.Assumed receipt of validation information.More items...

At a minimum, proper debt validation should include an account balance along with an explanation of how the amount was derived. But most debt collectors respond with an account statement from the original creditor as debt validation and that's generally considered sufficient.

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