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

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Multi-State
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US-DCPA-20.1BG
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Word; 
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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

Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.

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 that 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

Know Your Rights! RIGHT TO DISPUTE THE DEBT: Within 30 DAYS of receiving notice of the debt from the debt collector, you can send a letter to the debt collector disputing the debt and requesting the name and contact information of the original creditor.

Your full name and address. The collections agency's name and address. A request for the amount of the debt claimed to be owed. A request for the name of the original creditor. A request for the judgment information (if applicable) A request for proof of the company's license.

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.

Never Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. Never Provide Bank Account Information.

Dispute the error with the credit bureau. Report the collections account and ask to have it removed from your credit report. 2feff Provide copies of any evidence you have proving the debt doesn't belong to you. Even if the debt belongs to you, that doesn't mean the collector is legally able to collect from you.

The name 623 dispute method refers to section 623 of the Fair Credit Reporting Act (FCRA). The method allows you to dispute a debt directly with the creditor in question as long as you have already filed your complaint with the credit bureau and completed their process.

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