Nassau New York Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt - Asserting that the Debt Collector Cannot Accept Partial Payments When They Can

State:
Multi-State
County:
Nassau
Control #:
US-DCPA-19.20BG
Format:
Word; 
Rich Text
Instant download

Description

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:

"(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."

This would include asserting that the debt collector cannot accept partial payments when they have been authorized.

Title: Nassau New York Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Asserting Inability to Accept Partial Payments. Dear [Debt Collector's Name], I am writing to bring to your attention some concerning issues regarding your collection activities for the outstanding debt I owe. It has come to my attention that you have been engaging in false representation or deceptive means in your attempts to collect this debt. Specifically, I would like to address your repeated assertion that you cannot accept partial payments, despite evidence suggesting otherwise. First and foremost, it is imperative to emphasize that I take my financial obligations seriously and acknowledge my responsibility to repay the debt I owe. However, it is equally important to ensure transparency and compliance with applicable laws and regulations in the debt collection process. Upon conducting thorough research and consulting with legal advisors, I have discovered that New York state laws do not prohibit debt collectors from accepting partial payments towards the outstanding debt. According to the New York State Department of Financial Services, debt collectors are allowed to accept partial payments as long as they adequately document the payments made and update the remaining balance accordingly. I am deeply concerned that your continued assertion that partial payments are unacceptable represents a false or misleading misrepresentation of the situation. This deceptive claim may cause unnecessary distress and confusion, leading individuals like myself to believe that we have no options other than paying the entire debt in one lump sum, which can be quite burdensome for some individuals. I kindly request that you rectify this issue promptly and update your collection practices accordingly. It is crucial that you provide accurate and honest information to debtors so that they can make appropriate and informed decisions regarding the repayment of their debts. In light of the above, I would like to propose a solution that considers my financial circumstances. I am willing and able to initiate partial payments towards the outstanding balance as permitted under New York state laws. I kindly request that you provide me with the necessary information and guidelines to facilitate a structured repayment plan, taking into account the partial payments. Moreover, I urge you to review and revise your debt collection processes to line up with the regulations in place, ensuring that false representations or deceptive means are not employed to pressurize debtors into making uninformed decisions or assuming obligations that are beyond their means. I kindly request your prompt acknowledgment of this correspondence and a written response addressing the concerns I have raised. Additionally, please provide me with any relevant documents, such as a revised repayment plan or an updated balance statement, reflecting your acceptance of partial payments. Restoring transparency and accurate communication in debt collection activities is crucial for the wellbeing of both debtors and collectors alike. I am hopeful that we can resolve this matter amicably and move forward in a fair and lawful manner. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]

Title: Nassau New York Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Asserting Inability to Accept Partial Payments. Dear [Debt Collector's Name], I am writing to bring to your attention some concerning issues regarding your collection activities for the outstanding debt I owe. It has come to my attention that you have been engaging in false representation or deceptive means in your attempts to collect this debt. Specifically, I would like to address your repeated assertion that you cannot accept partial payments, despite evidence suggesting otherwise. First and foremost, it is imperative to emphasize that I take my financial obligations seriously and acknowledge my responsibility to repay the debt I owe. However, it is equally important to ensure transparency and compliance with applicable laws and regulations in the debt collection process. Upon conducting thorough research and consulting with legal advisors, I have discovered that New York state laws do not prohibit debt collectors from accepting partial payments towards the outstanding debt. According to the New York State Department of Financial Services, debt collectors are allowed to accept partial payments as long as they adequately document the payments made and update the remaining balance accordingly. I am deeply concerned that your continued assertion that partial payments are unacceptable represents a false or misleading misrepresentation of the situation. This deceptive claim may cause unnecessary distress and confusion, leading individuals like myself to believe that we have no options other than paying the entire debt in one lump sum, which can be quite burdensome for some individuals. I kindly request that you rectify this issue promptly and update your collection practices accordingly. It is crucial that you provide accurate and honest information to debtors so that they can make appropriate and informed decisions regarding the repayment of their debts. In light of the above, I would like to propose a solution that considers my financial circumstances. I am willing and able to initiate partial payments towards the outstanding balance as permitted under New York state laws. I kindly request that you provide me with the necessary information and guidelines to facilitate a structured repayment plan, taking into account the partial payments. Moreover, I urge you to review and revise your debt collection processes to line up with the regulations in place, ensuring that false representations or deceptive means are not employed to pressurize debtors into making uninformed decisions or assuming obligations that are beyond their means. I kindly request your prompt acknowledgment of this correspondence and a written response addressing the concerns I have raised. Additionally, please provide me with any relevant documents, such as a revised repayment plan or an updated balance statement, reflecting your acceptance of partial payments. Restoring transparency and accurate communication in debt collection activities is crucial for the wellbeing of both debtors and collectors alike. I am hopeful that we can resolve this matter amicably and move forward in a fair and lawful manner. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]

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Nassau New York Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt - Asserting that the Debt Collector Cannot Accept Partial Payments When They Can