Orange California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Failure to Disclose to Debtor in Initial Communication that Debt Collector was Attempting to Collect a Debt

State:
Multi-State
County:
Orange
Control #:
US-DCPA-19.1BG
Format:
Word; 
Rich Text
Instant download

Description

Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 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:


"11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose . . . ."

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FAQ

Deceptive And Unfair Practices Calling you collect so that you have to pay to accept the call is an example of an unfair practice. Engaging in any practice that forces you to pay additional money other than the debt you owe is considered an FDCPA violation.

Debt collection agencies are not bailiffs; They have no extra-legal authority. Debt collectors are either acting on behalf of your creditor or working for a company that has taken on the debt. They don't have any special legal powers and can't do anything different than the original creditor.

You should complain to the bank, building society or credit card company first, using their complaints procedure. If this does not sort out the problem, you can complain to the Financial Ombudsman Service, telling them that a debt collector or creditor has broken the terms of the Standards of Lending Practice.

Legal rights when dealing with debt collectors Under the Australian Consumer Law, a debt collector must not: use physical force or coercion (forcing or compelling you to do something) harass or hassle you to an unreasonable extent. mislead or deceive you (or try to do so)

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

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 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

Harassment of the debtor by the creditor More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.

You should complain to the bank, building society or credit card company first, using their complaints procedure. If this does not sort out the problem, you can complain to the Financial Ombudsman Service, telling them that a debt collector or creditor has broken the terms of the Standards of Lending Practice.

In most states in Australia, the limitation period for debts is for six (6) years, except in Northern Territory where it is for three (3) years. This means that the creditor can pursue the debt from six (6) years from the date of when: The debt became due and payable; or.

Debt collection is a regulated activity that takes place when a creditor has engaged an external company to recover payments that are past due.

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Orange California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Failure to Disclose to Debtor in Initial Communication that Debt Collector was Attempting to Collect a Debt