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:
"(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest . . . . (B) there is no present intention to take possession of the property."
Title: Wake North Carolina Letter Informing Debt Collector of Unfair Practices in Collection Activities — Nonjudicial Actions Without Right or Intent Keywords: Wake North Carolina, letter informing debt collector, unfair practices, collection activities, nonjudicial action, present right, intent to exercise rights, debt collection laws, consumer rights, legal remedies, debt collection rights, North Carolina Fair Debt Collection Practices Act --- Introduction: In Wake North Carolina, consumers enjoy certain rights and protections under the North Carolina Fair Debt Collection Practices Act. This legislation prohibits debt collectors from engaging in unfair, deceptive, or abusive tactics during the collection process. One specific provision protects consumers from debt collectors who wrongfully take or threaten to take nonjudicial action without possessing the present right or intent to exercise such rights. If you believe you have been subjected to this unfair practice, it is crucial to address the issue promptly. This letter is drafted to inform the debt collector of their violation and demand an immediate cessation of such activities. [Your Name] [Your Address] [City, State, ZIP Code] [Date] [Debt Collection Agency's Name] [Debt Collection Agency's Address] [City, State, ZIP Code] Subject: Cease and Desist Unfair Practices in Collection Activities — Nonjudicial Actions Without Right or Intent Dear [Debt Collection Agency's Name], I hope this letter finds you in good health. I am writing to bring your attention to a matter that warrants immediate consideration and resolution. As a resident of Wake North Carolina, I am well aware of the protections afforded to consumers under the North Carolina Fair Debt Collection Practices Act. After careful review of my interactions with your agency, I have reason to believe that you have engaged in unfair practices during the collection process. Specifically, your agency has taken or threatened to take nonjudicial action without having the present right or intent to exercise such rights. In accordance with the North Carolina Fair Debt Collection Practices Act, Section [relevant section number], taking or threatening nonjudicial action without the present right or intent to exercise such rights is strictly prohibited. This provision aims to protect consumers from deceptive tactics employed by debt collectors. I would like to bring to your attention specific instances where I have observed such actions: 1. [Describe specific instance or instances where the debt collector has taken or threatened nonjudicial action without the present right or intent to exercise such rights.] Such unwarranted actions have caused distress, anxiety, and confusion, infringing upon my consumer rights. I demand an immediate cessation of these unfair practices and that you adhere to the provisions stipulated in the North Carolina Fair Debt Collection Practices Act. Failure to comply with this request may result in my pursuit of legal remedies available under the aforementioned statute, including but not limited to filing a complaint with the appropriate regulatory and legal authorities, seeking legal representation, and pursuing compensation for any damages suffered as a result of your actions. I trust that you will take this matter seriously and rectify your actions swiftly. Your acknowledgment of this letter, along with a written assurance of cessation of the aforementioned unfair practices, must be received within [reasonable time frame, e.g., 14 calendar days]. Thank you for your prompt attention to this matter. I anticipate a favorable resolution that upholds my rights as a consumer. Please note that a failure to respond in a timely and appropriate manner will leave me with no choice but to exercise the legal remedies available to protect my interests. Sincerely, [Your Name]Title: Wake North Carolina Letter Informing Debt Collector of Unfair Practices in Collection Activities — Nonjudicial Actions Without Right or Intent Keywords: Wake North Carolina, letter informing debt collector, unfair practices, collection activities, nonjudicial action, present right, intent to exercise rights, debt collection laws, consumer rights, legal remedies, debt collection rights, North Carolina Fair Debt Collection Practices Act --- Introduction: In Wake North Carolina, consumers enjoy certain rights and protections under the North Carolina Fair Debt Collection Practices Act. This legislation prohibits debt collectors from engaging in unfair, deceptive, or abusive tactics during the collection process. One specific provision protects consumers from debt collectors who wrongfully take or threaten to take nonjudicial action without possessing the present right or intent to exercise such rights. If you believe you have been subjected to this unfair practice, it is crucial to address the issue promptly. This letter is drafted to inform the debt collector of their violation and demand an immediate cessation of such activities. [Your Name] [Your Address] [City, State, ZIP Code] [Date] [Debt Collection Agency's Name] [Debt Collection Agency's Address] [City, State, ZIP Code] Subject: Cease and Desist Unfair Practices in Collection Activities — Nonjudicial Actions Without Right or Intent Dear [Debt Collection Agency's Name], I hope this letter finds you in good health. I am writing to bring your attention to a matter that warrants immediate consideration and resolution. As a resident of Wake North Carolina, I am well aware of the protections afforded to consumers under the North Carolina Fair Debt Collection Practices Act. After careful review of my interactions with your agency, I have reason to believe that you have engaged in unfair practices during the collection process. Specifically, your agency has taken or threatened to take nonjudicial action without having the present right or intent to exercise such rights. In accordance with the North Carolina Fair Debt Collection Practices Act, Section [relevant section number], taking or threatening nonjudicial action without the present right or intent to exercise such rights is strictly prohibited. This provision aims to protect consumers from deceptive tactics employed by debt collectors. I would like to bring to your attention specific instances where I have observed such actions: 1. [Describe specific instance or instances where the debt collector has taken or threatened nonjudicial action without the present right or intent to exercise such rights.] Such unwarranted actions have caused distress, anxiety, and confusion, infringing upon my consumer rights. I demand an immediate cessation of these unfair practices and that you adhere to the provisions stipulated in the North Carolina Fair Debt Collection Practices Act. Failure to comply with this request may result in my pursuit of legal remedies available under the aforementioned statute, including but not limited to filing a complaint with the appropriate regulatory and legal authorities, seeking legal representation, and pursuing compensation for any damages suffered as a result of your actions. I trust that you will take this matter seriously and rectify your actions swiftly. Your acknowledgment of this letter, along with a written assurance of cessation of the aforementioned unfair practices, must be received within [reasonable time frame, e.g., 14 calendar days]. Thank you for your prompt attention to this matter. I anticipate a favorable resolution that upholds my rights as a consumer. Please note that a failure to respond in a timely and appropriate manner will leave me with no choice but to exercise the legal remedies available to protect my interests. Sincerely, [Your Name]
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.
