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Letter Informing Debt Collector of False or Misleading...

Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

Control #:

US-DCPA-19.10BG

Format:

Instant download

Description

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 . . . 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."

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FAQ

Step 1: Keep detailed records of what the debt collector is doing. Step 2: Take action write to the debt collector, complain to an External Dispute Resolution scheme (Ombudsman Service) or VCAT. Step 3: Complain to a Regulator.

Your creditor also has to report your complaint to the Financial Conduct Authority (FCA), even if they respond within 3 business days. If you need help with this, you can phone our debt helpline on 0300 330 1313. We can usually help between 9am and 8pm, Monday to Friday.

The debt validation letter includes:A statement that if you write to dispute the debt or request more information within 30 days, the debt collector will verify the debt by mail. A statement that if you request information about the original creditor within 30 days, the collector must provide it.

In general, if you want to escalate the issue with the debt collector, you should do so within 30 days of receiving the validation letter. This includes disputing that you owe the debt, requesting additional verification of the debt, or requesting the name and address of the original creditor.

In other words, you only have the right to request verification of your debt from companies or law firms collecting the debt or which have purchased the debt from the original creditor. A collector's duty to verify a debt only kicks in if you send a specific, written request for verification.

Reach out to the company the collector says is the original creditor. They might help you figure out if the debt is legitimate and if this collector has the right to collect the debt. Also, get your free, annual credit report online or at 877-322-8228 and see if the debt shows up there. Dispute the debt in writing.

If the collector completely fails to respond to the validation letter, again they have 30 days to do so, then legally they must cease collection efforts, and remove negative items placed by them on your credit report.

Debt validation is your federal right granted under the Fair Debt Collection Practices Act (FDCPA). To request debt validation, you must send a written request to the debt collector within 30 days of being contacted by the collection agency.

Unfair practices are prohibited Deposit 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.

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Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages

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