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."
[Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collection Agency Name] [Debt Collection Agency Address] [City, State, ZIP] Subject: [Account Number / Reference Number] Dear [Debt Collection Agency Name], I am writing this letter to bring to your attention concerns regarding your collection activities pertaining to the above-referenced account. Specifically, I have reason to believe that your agency has been engaging in unfair practices by taking or threatening nonjudicial actions where there is no present right or intent to exercise such rights. It is my strong belief that these actions are in violation of the Fair Debt Collection Practices Act (FD CPA), which protects consumers like myself from deceptive, abusive, and unfair collection practices. Houston, Texas, a vibrant and diverse community, is home to millions of residents, each with unique financial situations. As a responsible consumer, I have always strived to meet my financial obligations. However, amidst these challenging times, I have faced unexpected hardships leading to temporary financial setbacks. Despite my commitment to resolving my debts, it seems that your agency's collection tactics have overstepped legal boundaries. The specific unfair practices I have noticed include: 1. Threatening Nonjudicial Action: Your collection representatives have repeatedly threatened to take nonjudicial actions against me without possessing the present right or intent to exercise such actions. These threats have caused undue stress and anxiety. 2. Lack of Verification: Your agency has failed to provide adequate verification and documentation regarding the original creditor, the amount owed, and the validity of the debt. I demand a thorough verification of the debt be provided to me promptly. 3. Failure to Cease Communication: Despite my explicit request to cease communication, your agency has persistently contacted me through various means such as phone calls, emails, and letters, which is a clear violation of my rights under the FD CPA. It is essential that your agency understands the serious implications of these unfair practices. I demand that you immediately cease all nonjudicial actions relating to the debt in question unless you possess the present right or intent to exercise such rights. Additionally, I request that you provide written validation of the debt, including details of the original creditor and any relevant supporting documents. Furthermore, I demand that all communication, other than written correspondence regarding the validation of the debt, ceases immediately. Any violations of the FD CPA will not be taken lightly, and I reserve the right to pursue legal action and file formal complaints with the appropriate authorities if necessary. Please consider this letter as my formal notice demanding that you rectify these unfair practices and comply with all relevant state and federal laws governing debt collection activities. Failure to do so may result in severe consequences for your agency. I expect to receive written confirmation from your agency within 30 days from the date of this letter, acknowledging receipt and addressing the concerns raised. If I do not receive a prompt response or if your response does not adequately address the issues raised, I will have no other choice but to pursue all available remedies under the law. Thank you for your immediate attention to this matter. I trust that you will take the necessary steps to rectify these unfair practices promptly. Sincerely, [Your Name]
