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."
Title: Wayne Michigan Letter Informing Debt Collector of Unfair Practices: Excessive Collection Amounts Discrepancy Keywords: Wayne Michigan, letter informing debt collector, unfair practices, collection activities, collecting unauthorized amount, agreement creating the debt, law Introduction: This letter serves as a formal notification to a debt collector in Wayne, Michigan, regarding unfair practices in collection activities pertaining to the unauthorized collection of an amount not specified by the agreement creating the debt or by law. The purpose of this correspondence is to address the discrepancy in the collection amount and inform the debt collector of their violation. Type of Unfair Practice: Collecting an Amount not Authorized by the Agreement Creating the Debt In this type of unfair practice, the debt collector is collecting a principal amount, interest, penalties, or fees that are not explicitly outlined in the original agreement creating the debt. This includes situations where the debt collector is demanding an amount that exceeds the agreed-upon balance or imposing additional charges not specified in the initial agreement. Type of Unfair Practice: Collecting an Amount not Authorized by Law Under this category, the debt collector is attempting to collect an amount that goes against the legal framework governing debt collection practices. This can include situations where the collector exceeds state or federal limitations on interest rates, charges, or fees applicable to the specific type of debt. It also applies to instances where the debt collector ignores laws regulating debt collection practices. Content of the Letter: 1. Return Address and Contact Information: Provide your name, address, email, and phone number at the beginning of the letter for the debt collector to contact you. 2. Date: Include the current date on the letter. 3. Debt Collector Information: Clearly state the name, address, and contact details of the debt collector who is engaging in unfair collection practices. 4. Re: Unfair Collection Practices — Collecting an Unauthorized Amount— - Start the letter by stating that you are writing to address unfair or unauthorized collection practices by the debt collector. — Mention the specific debt(s) in question, providing any relevant account numbers or reference information. 5. Briefly Explain the Unfair Practice: Clearly and concisely describe the unfair practice as per the previously mentioned types: — Explain the inconsistency between the amount authorized by the debt agreement or law and the amount being pursued for collection. — Provide specific details such as the original agreement creating the debt, including any supporting documentation. 6. Cite Relevant Laws: Reference the laws in Michigan or federal regulations that mandate the authorized amount of collection applicable to your debt type. 7. Request Adjustments: — Request an immediate adjustment to the authorized amount or removal of unauthorized charges, penalties, or fees. — Specify a deadline by which you expect a response and action to rectify the situation. 8. Attach Supporting Documentation: — Include copies of relevant documents, such as the original debt agreement, recent collection communications, or any other evidence that highlights the unfair practices. 9. Notification Intent: — Clearly state that if the debt collector fails to address the issue promptly and remedy the situation, you will report the unfair practices to the appropriate regulatory bodies and seek legal recourse to protect your rights. Closing: Thank the recipient for their attention to this matter and request a written response acknowledging their receipt of the letter. Sign the letter with your full name. Remember to keep a copy of the letter for your records and send it through certified mail with return receipt requested to ensure a documented delivery.Title: Wayne Michigan Letter Informing Debt Collector of Unfair Practices: Excessive Collection Amounts Discrepancy Keywords: Wayne Michigan, letter informing debt collector, unfair practices, collection activities, collecting unauthorized amount, agreement creating the debt, law Introduction: This letter serves as a formal notification to a debt collector in Wayne, Michigan, regarding unfair practices in collection activities pertaining to the unauthorized collection of an amount not specified by the agreement creating the debt or by law. The purpose of this correspondence is to address the discrepancy in the collection amount and inform the debt collector of their violation. Type of Unfair Practice: Collecting an Amount not Authorized by the Agreement Creating the Debt In this type of unfair practice, the debt collector is collecting a principal amount, interest, penalties, or fees that are not explicitly outlined in the original agreement creating the debt. This includes situations where the debt collector is demanding an amount that exceeds the agreed-upon balance or imposing additional charges not specified in the initial agreement. Type of Unfair Practice: Collecting an Amount not Authorized by Law Under this category, the debt collector is attempting to collect an amount that goes against the legal framework governing debt collection practices. This can include situations where the collector exceeds state or federal limitations on interest rates, charges, or fees applicable to the specific type of debt. It also applies to instances where the debt collector ignores laws regulating debt collection practices. Content of the Letter: 1. Return Address and Contact Information: Provide your name, address, email, and phone number at the beginning of the letter for the debt collector to contact you. 2. Date: Include the current date on the letter. 3. Debt Collector Information: Clearly state the name, address, and contact details of the debt collector who is engaging in unfair collection practices. 4. Re: Unfair Collection Practices — Collecting an Unauthorized Amount— - Start the letter by stating that you are writing to address unfair or unauthorized collection practices by the debt collector. — Mention the specific debt(s) in question, providing any relevant account numbers or reference information. 5. Briefly Explain the Unfair Practice: Clearly and concisely describe the unfair practice as per the previously mentioned types: — Explain the inconsistency between the amount authorized by the debt agreement or law and the amount being pursued for collection. — Provide specific details such as the original agreement creating the debt, including any supporting documentation. 6. Cite Relevant Laws: Reference the laws in Michigan or federal regulations that mandate the authorized amount of collection applicable to your debt type. 7. Request Adjustments: — Request an immediate adjustment to the authorized amount or removal of unauthorized charges, penalties, or fees. — Specify a deadline by which you expect a response and action to rectify the situation. 8. Attach Supporting Documentation: — Include copies of relevant documents, such as the original debt agreement, recent collection communications, or any other evidence that highlights the unfair practices. 9. Notification Intent: — Clearly state that if the debt collector fails to address the issue promptly and remedy the situation, you will report the unfair practices to the appropriate regulatory bodies and seek legal recourse to protect your rights. Closing: Thank the recipient for their attention to this matter and request a written response acknowledging their receipt of the letter. Sign the letter with your full name. Remember to keep a copy of the letter for your records and send it through certified mail with return receipt requested to ensure a documented delivery.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
