Wake North Carolina 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:
Wake
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: Wake North Carolina 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 Keywords: Wake North Carolina, debt collector, false representation, misleading misrepresentations, collection activities, deceptive means, partial payments Description: In Wake North Carolina, individuals who find themselves dealing with debt collectors engaging in false representation or using deceptive means to collect debts have the right to protect themselves by sending a letter to these collectors. One specific scenario that individuals might face is when debt collectors assert that they cannot accept partial payments, even though they are legally obligated to do so. This Wake North Carolina letter serves as a powerful tool for individuals seeking to inform debt collectors of their misleading or false practices and asserting their rights. By using relevant keywords and addressing the specific issue of debt collectors refusing partial payments, this letter aims to rectify the situation and ensure fair treatment. Types of Wake North Carolina Letters Informing Debt Collector of False or Misleading Misrepresentations: 1. Wake North Carolina Letters Informing Debt Collector of False Representation: This type of letter highlights instances where false information has been provided by the debt collector, presenting the facts and requesting immediate resolution. 2. Wake North Carolina Letters Informing Debt Collector of Misleading Misrepresentations: In this letter, individuals address instances where the debt collector has intentionally misrepresented facts, thereby misleading the debtor. This letter clarifies the misleading information and seeks appropriate action. 3. Wake North Carolina Letters Informing Debt Collector of Deceptive Means: This type of letter focuses on situations where the debt collector has used deceptive means to collect debts. It highlights these deceptive practices, demanding that they cease immediately. 4. Wake North Carolina Letters Asserting Debt Collector's Obligation to Accept Partial Payments: This specific letter category addresses instances where the debt collector falsely claims their inability to accept partial payments. It reminds the collector of their legal obligation and emphasizes the debtor's right to make partial payments towards the outstanding balance. By utilizing one of these Wake North Carolina letters, individuals can effectively communicate their grievances regarding false or misleading practices undertaken by debt collectors. These letters work as an important step towards protecting one's rights and ensuring fair debt collection procedures.

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FAQ

Pretend to Work for a Government Agency The FDCPA prohibits debt collectors from pretending to work for any government agency, including law enforcement. They also cannot claim to be working for a consumer reporting agency.

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.

A creditor believes you are past due on a debt. Creditors may use their own in-house debt collectors or may refer or sell your debt to an outside debt collector. A debt collector also may be calling you to locate someone you know, as long as the collector does not reveal that they are collecting a debt.

If you believe any account information is incorrect, you should dispute the information to have it either removed or corrected. If, for example, you have a collection or multiple collections appearing on your credit reports and those debts do not belong to you, you can dispute them and have them removed.

Misrepresentation: Collectors can't try to pretend being someone else. Debtors have reported collectors posing as law enforcement agents, attorneys and credit reporting agency officials. Impersonating a police officer is illegal in many jurisdictions, and it's prohibited everywhere as a debt-collection ploy.

Format the letter thusly: Your full name and address. The collections agency's name and address. A request for the amount of the debt claimed to be owed. A request for the name of the original creditor. A request for the judgment information (if applicable) A request for proof of the company's license.

You should not ignore a debt collection letter as not responding to them in time (or at all) can lead to the collection agency filing a lawsuit against you. Not only will this result in you being responsible for additional fees, but it can allow them to take legal action to get the funds from you in other ways.

The Federal Trade Commission (FTC) is the primary enforcement agency for the FDCPA. The various financial regulatory agencies enforce the FDCPA for the institutions they supervise. Neither the FTC nor any other agency may issue regulations governing the collection of consumer debts by debt collectors.

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

Once you dispute the debt, the debt collector can't call or contact you to collect the debt or the disputed part of the debt until the debt collector has provided verification of the debt in writing to you.

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Who may try to collect the debt itself or hire DEF Collection Agency. Know whether they are collecting a debt that is not "out of statute.

Some states have provisions in their statutes that prohibit collectors from collecting the debt in that state. Do this: Contact the state to determine whether the statute applies, and if so, inquire about your rights. If the debt is not covered by the statute, have your attorney file an action in court to collect the debt. There are often legal remedies that can be obtained. If the debt is being collected by mail, write and send a check or money order, or pay by a credit card, to the collector's last known address before calling to find out if the collector has been served with a subpoena. Check this address first with your attorney if the collector uses a third party collection agency. If the debt is being obtained by court order, then it does not require proof of service, and you do not need to make a check.

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Wake North Carolina 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