Virginia Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken - Contacting the Consumer’s Employer

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Control #:
US-DCPA-19.13BG
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Word; 
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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:


"(5) The threat to take any action that cannot legally be taken or that is not intended to be taken."


It is a violation of the Fair Debt Collection Practices Act to contact a consumer debtor's employer for a purpose other than to obtain location information.

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FAQ

The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.

Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

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.

Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.

Your letter should: Ask the credit bureau to remove or correct the inaccurate or incomplete information. Include: your complete name and address....The credit bureaus also accept disputes online or by phone:Experian (888) 397-3742.Transunion (800) 916-8800.Equifax (866) 349-5191.

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.

7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.16 Sept 2020

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.

Debt collectors have no special legal powers. You may feel under pressure to pay more than you can afford, but don't feel threatened. Find out more about the difference between debt collectors and bailiffs. Debt collectors may work for your creditor, or they may work for a separate debt collection agency.

Problems Faced by Debt Collection Agents and How to Solve Them!Oral Contracts:Faulty Written Agreements:Money Recovery Issues:Collection Methods Are Not Real-Time:Mobile Borrowers:Too Many Calls:Contacting Wrong People:Customer Bankruptcy:More items...?30-Nov-2019

More info

A debt collector may not contact the consumer at his or her place of employment ifThreaten to take any action which is not legal or intended. ? Falsely ... You can file a complaint with the FTC if you believe the debt collector never sent written notice. Most individuals complaining about written ...By C Stueben · 2010 · Cited by 22 ? collection letter is false, misleading, or deceptive to the least sophisticated consumercannot legally be taken or that is not intended to be taken,". Since lenders, loan servicers, credit card companies and debt collectorsto take any action that cannot legally be taken or that is not intended to be ... A model validation notice that a debt collector could use to complyby taking certain actions to collect a debt that a consumer does not ... Defendants are not licensed as a consumer collection agency in. Connecticut, they have"(5) the threat to take any action that cannot legally be taken. By J Dreyer ? Fraudulent Use of a Shell Company. 68. Identity Theft. 70. Straw / Nominee Borrower. 72. Appendixes. Glossary. A. Mortgage Transaction Flow Charts. If you inform a collector that you have an attorney, the collector must contact the attorney rather than you. Can a consumer collection agency call you at work? In addition, this manual focuses on equipping the collections practitioner with a brief introduction to the Fair Debt Collection Practices Act and how it ... Discussion of creditor options and dangers in collecting time-barred debtto take any action that cannot legally be taken or that is not intended to be ...

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Virginia Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken - Contacting the Consumer’s Employer