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Discussion in 'Credit Talk' started by tmeda, Aug 12, 2003.
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Assuming that there is no way to refute/contradict your assertions concerning the Acct/OC/CA, then you should consider drafting both a cease and desist letter as well as a 10-day intent to sue letter outlining the CA's violations of the following Sections of the FDCPA:
Â§ 807. False or misleading representations [15 USC 1962e]
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
2) The false representation of --
(A) the character, amount, or legal status of any debt;
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.
Thank you for responding but I have a few problems. Would you happen to know where I can locate a draft of this letter. Once I submit it to both the original creditor and the collection agency can I demand a deletion of the entire account from each credit report?
1* Once I submit it to both the original creditor and the collection agency
2*can I demand a deletion of the entire account from each credit report?
tmeda | 2 posts since Jul 2003
1*Why submit it to the OC when the CA is the one giving you trouble?
duhhhh!!!!!!! Thankfully I only sent the information to the CA. Thank you much for your response. I sent the 10 day intent to sue letter yesterday as well. Do the collection agencies normally respond before the 10 days or will I have to prepare filing papers?
Do the collection agencies normally respond before the 10 days or will I have to prepare filing papers?
It could go either way.
THE END ** *** ** LB 59
Well in the meantime i'll just wait and see what happens. Thank you for your response!
That's about all you can do at times.