Debt collectors are highly motivated to convince debtors to pay the debt, often working with a lower base salary of the Commission. This business model has built a reputation of bill collection agency we know today.
The collector can be done in threatening behavior and harassment. However, like any other activity that is not governed by the laws that prohibit certain abusive practices.
There are three reasons for a debtcollector contact you: the creditor has not received a payment from you within the time discussed in the contract, you are a victim of identity theft means someone uses your identity to obtain credit and not pay and eventually could be contact collectors who are looking for someone who is not you.
When contacted by a collector, have as much information as possible from the caller. Get your company name, address, name of caller, telephone and faxnumber, the quantity of goods, and the name of the creditor who has spent his accounts. In addition, he says he expects to be notified by mail of this debt. The last step is very important because you must have proof of the debt in question in writing.
If you have discovered that the debt is not yours, never pay just to get rid of the collector. Also, do not ignore the collector. Will not stop contact with you, and may also sueagainst him. If you are repeatedly being contacted by a collector looking for somebody you can be considered a form of harassment. To stop this you need to send a letter requesting to cease calls.
If it is determined that the debt is yours and you do not feel comfortable with a collector via phone, tell them you want all future correspondence in writing. You must submit your request by certified mail, return receipt requested. To allow17:00 to 18:00 service only, I tell them about this in the letter. By law collection companies are obliged to respect your privacy and will cease all phone calls at home, relatives, neighbors, and work.
Once your written application is easier to seek legal help, and keep track of correspondence. Send all responses to bill collectors via mail. In this way you will have proof of receipt by the addressee.
Remember that the amountWe have to ask is negotiable. You can negotiate the amount owed, the number of payments and the payment date. Once the process of payment plan, request in writing.
That a debt collector can not "do:
1.) Use deceptive practices. For example, threaten you with arrest or trick you into paying for collect calls.
2.) Use obscene language.
3.) I invite you to work after telling his boss does not approve these calls.
4.) Refused the right to receive a written notice (within five days after the first phone conversation) that will tell you what I owe and the name of the creditor says you owe money. If you do not receive the notice within five days, call the collection agency and ask for the address and fax number. Then send a letter to the collector notes the failure to send the required notice. At least one note in the file.
5.) Deny your name and the name of recovery companies> when prompted.
6.) Put a debt on your credit report if you make a difference. You must validate the debt by obtaining a verification of the debt or a copy of a statement by the creditor before continuing their collection efforts. The results of the survey should be mailed.
SAMPLE LETTER withdraw
The letter of formal legal stature based on the Fair Collection ManagementPractices> Act Section 805. You can read for yourself here. The Fair Debt Collection Practices Act applies to both the agency and lawyers who collect debts for two years or more. This law does not apply to the original creditor. However, many original creditors will honor a request of anonymity.
Note that when a consumer debt collector receives a letter before you can move the account to be legalState. This means that if you want to sue, the letter of request, you are prompted to sue immediately. So if there is an alternative way to stop being bothered by their calls, as the use of an answering machine, I suggest you try first. If there is no alternative then send the letter.
Send your letter by certified mail, return receipt requested. Keep a copy of the letter for your records. The letter may take a couple of weeks of work in their own waythrough the agency of the collection system before your number is out of their automatic dialers. Even after receiving the letter they are allowed (by law) to contact you once to tell of his intentions.
The following letter is easily personalized with a word processing program. Even if not the letter of formal notice is currently used by Credit Restoration Consultants will serve to inform the consumer debt of its intention and purpose. Althoughprotected by copyright, permission is granted for each user on the credit restoration process of self-help.
My address
My City State and Zip Code
December 30, 2001
Acme Collection Agency
12 345 West Main Street
Any City, AL 30311
Dear Sir or Madam:
This letter is sent to your reference number for the account of the collection agency and collection of 123,456 notices of application / received calls recently. To the extent that your agency is a debtCollector under Section 803 of the Fair Debt Collection Practices Act, you will be treated as such. Therefore, the Fair Debt Collection Practices Act - and all of its provisions - will be invoked.
Note that this is a disputed debt in accordance with Article 809 of the Fair Debt Collection Practices Act The specific content of thesedispute was recently stated - verbally - to an individual within your agency has refused to give his name on request. Under the FDCPA, you can not move to a debtor when a specific debt is disputed.
Also be advised that this is a disputed debt pursuant to section 623 of the Fair Credit Reporting Act and "my belief that his agency has illegally reported this disputed debt to Equifax, Experian and Trans Union. If this is the case, will undoubtedly be an appeal arguing against your agency, as it has intentionally reported a conflict of debt. Under the FCRA, the agency must notify the consumer of the advertising agencies of all crime at issue immediately after notification. Another reason for action may exist for failing to comply with this ministerial function.
You are also advised that I want any further communication with the agency under Article 805 of the Fair> Debt Collection Practices Act. Does your agency to immediately cease all further communications. I should get another piece of mail reminders that do not operate with the provisions of the FDCPA, immediately take legal action against the agency.
Sincerely,
John Q. Public
THIS attempt "to make a debt collector obey the law. Any information obtained will be used for this purpose. THIS NOTICE AND GIVES 'Reference ALLEGED debtor dispute debt.
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