Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(2) The false representation of . . . the character, amount, or legal status of any debt . . . ."
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Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.
If the collector completely fails to respond to the validation letter, again they have 30 days to do so, then legally they must cease collection efforts, and remove negative items placed by them on your credit report.
In general, if you want to escalate the issue with the debt collector, you should do so within 30 days of receiving the validation letter. This includes disputing that you owe the debt, requesting additional verification of the debt, or requesting the name and address of the original creditor.
Unfair practices are prohibited Deposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.
The debt validation letter includes:A statement that if you write to dispute the debt or request more information within 30 days, the debt collector will verify the debt by mail. A statement that if you request information about the original creditor within 30 days, the collector must provide it.
The name 623 dispute method refers to section 623 of the Fair Credit Reporting Act (FCRA). The method allows you to dispute a debt directly with the creditor in question as long as you have already filed your complaint with the credit bureau and completed their process.
The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request that the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been
Debt validation is your federal right granted under the Fair Debt Collection Practices Act (FDCPA). To request debt validation, you must send a written request to the debt collector within 30 days of being contacted by the collection agency.
Step 1: Keep detailed records of what the debt collector is doing. Step 2: Take action write to the debt collector, complain to an External Dispute Resolution scheme (Ombudsman Service) or VCAT. Step 3: Complain to a Regulator.
