Virginia Notice Letter to Debt Collector of Section 808 Violation - Unfair Practices

State:
Multi-State
Control #:
US-DCPA-20
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 use unfair or unconscionable means to collect a debt.

Examples of unfair practices include:

  • Collecting an amount not authorized by the agreement creating the debt or by law.
  • Soliciting a postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
  • Depositing a postdated check prior to the date on the check.
  • Causing a person to incur charges for communications by concealing the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
  • Taking, or threatening to take, any nonjudicial action to enforce a security interest on property such as repossessing a consumer's property where (a) there is no present right to the collateral, (b) there is no present intent to exercise such rights, or (c) the property is exempt by law.
  • Communicating with a consumer regarding a debt by post card.
  • Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use their business name if such name does not indicate that they are in the debt collection business.

    Use this form to let a debt collector know you will not tolerate unfair practices.

    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

    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.

    The Fair Debt Collection Practices Act (FDCPA), effective in 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.

    The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you. The FDCPA covers the collection of: Mortgages.

    The Fair Debt Collection Practices Act (FDCPA), effective in 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.

    Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.

    9 Ways to Outsmart Debt CollectorsDon't Get Emotional.Make Sure the Debt Is Really Yours.Ask for Proof.Resist the Scare Tactics.Be Wary of Fees.Negotiate.Call In Backup.Know the Time Limits.More items...?

    The FTC enforces the Fair Debt Collection Practices Act (FDCPA), which makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts.

    Your dispute should be made in writing to ensure that the debt collector has to send you verification of the debt. If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).

    Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.

    Here are a few suggestions that might work in your favor:Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing.Dispute the debt on your credit report.Lodge a complaint.Respond to a lawsuit.Hire an attorney.

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    Virginia Notice Letter to Debt Collector of Section 808 Violation - Unfair Practices