Showing posts with label Notice. Show all posts
Showing posts with label Notice. Show all posts

Monday, May 23, 2011

Illegal Debt Collection Tactics Part 15: The name of the recovery of a cease communication notice

The Fair Debt Collection Practices Act, also known as the FDCPA, is the best protection of consumers against harassing collection calls, threatening letters, collections and other unethical methods that, according to federal law, are FDCPA violations, and may be fined up to $ 1,000 per violation and, where appropriate, arrest and detention. The U.S. Congress passed a law that was proposed by the FederalCommission in response to numerous consumer complaints about unfair or illegal methods used by third parties in order to recover debts.

Creditors often sell delinquent accounts to a third party for collection efforts, and are not always ethical or use collection methods that are within the law. The FDCPA has strict rules on the methods to collect may be used, and each year there are thousands of cases of consumption claims against companies for possible violations of deposit collections. Many of these claims before the court, and often the court rules in favor of the consumer. Every time we're dealing with a debt collector, you should be aware of what is covered by the FDCPA violations so you can protect yourself.

You should always ensure that when contacted by a collections company to have everything in writing. You need to have a letter of approval by the> Collections agent. There can be only a phone call. Also be aware that you can receive calls at home or gathered in working hours from 08:00 to 09:00. The exceptions to this rule if your employer prohibits personal calls during working hours, or if you feel that this is an inopportune time. You do not have libraries to provide the Company with a plea for the inconvenience, but you must make your request in writing. If you are contacted about a debt,and can demonstrate that it is a duty, the debt collector must cease all communication of any kind. The law is very explicit.

Some debt collectors can be very aggressive and verbally abusive. Can threaten to take their personal property and sell it, or threaten to arrest and imprisonment. You do not have to talk to them, and if they are repeatedly calling or harassing you, or sending threatening letters or postcards, is a FDCPAviolation of each case in order to keep track of calls and all forms of communication, whether by mail, fax or email. You can tell that I only want that the communication is in writing and must comply if the request is in writing. If the sign of the continued efforts of the debt after sending a formal letter, you must comply or they are violating the Fair Debt Collection Practices Act ifsent a letter can only communicate with you once more to inform the user about the status of the account. If you remain in contact after sending a letter of Termination of communication, are committing a crime in the FDCPA.

Monday, February 14, 2011

Cease and Desist Notice - What makes a requirement of Stop Debt Collectors call?

The site originated in the FDCPA - When the Fair Debt Collection Practices Act was prepared, was designed to protect citizens from the rampant abuse of collectors. But even with the passage of the law, many debt collection companies are playing by their rules. I have seen cases in which debtors are asking ten to fifteen times a day. If this is not harassment, I do not know what it is. Invariably, the key is herethose who are persecuted not know their rights when it comes to collectors and debt collection.

First you must read the Fair Debt Collection Practices Act in its entirety. This is a real quick read, you can finish in one sitting. In this way you have an understanding of what collectors can and can not do UNDER THE LAW! In other words, if they violate the FDCPA, are now subject to being sued by you and mustto make payment! You are about to experience a powerful tool for debtors, "the formal announcement. It is designed for collectors to stop harassing you.

This excerpt is taken directly from section 805 of the Fair Debt Collection Practices Act

"(C) TERMINATION NOTICE. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collectorstop communicating with the consumer, the debt collector may not contact the consumer with respect to such debt, except -

(1) to advise the consumer that collecting more debt efforts have been made;

(2) to inform the consumer that the debt collector or creditor may require the measures that are normally invoked by collector or creditor, or

(3) where appropriate, notify theconsumer that the debt collector or creditor intends to invoke a specific resource.

If such communication by the consumer is done by mail, notification shall be complete upon receipt. "

What this means in terms of collectors stop calling?

When a consumer receives a phone call or a communication by a collection agency of third parties must respond by sending a formal letter of notice. Remember that this is a binding legal documentwhich brings a lot of firepower. All collectors are aware of this official document. The key is, but I hope I do not know!

Once a person sends a notice to cease and desist, order a company or person to stop notices and collection calls are legally bound to respect. After this point, the only contact was subsequently admitted to notify the debtor of certain "resources" as the lawsuit, but collectors usually do not even bother. You must send this notice bycertified mail with the reference number used by the agency. Do not add additional information such as account numbers, Social Security number or bank account numbers. Also do not you want to do, depends on them!

What happens to debt after the statement was sent cease and desist? - After the order was sent, the debt can be returned to the original creditor sent to other third party body, or simply storedaway, depending on the circumstances and quantity. It is important to note, if this is a valid debt, still owe money. Take time to find a way to solve the problem with the original creditor.