need ur knowledge jlynn

Discussion in 'Credit Talk' started by joey123, Jul 8, 2003.

  1. joey123

    joey123 Well-Known Member

    hey...i know u know the FDCPA quite well...could you give me the section and excerpt on C&D....thnx
     
  2. joey123

    joey123 Well-Known Member

    sorry to abbreviate it...Cease and Decist on communications.I enforced my rights of the FDCPA to a rep at credit one llc..The rep said i am dead wrong. CA's have the right to call me even if i demand they do not. So im gonna send em a nice letter to educate them.and warn them
     
  3. jlynn

    jlynn Well-Known Member

    § 805. Communication in connection with debt collection [15 USC 1692c]


    (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

    (1) to advise the consumer that the debt collector's further efforts are being terminated;

    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

    If such notice from the consumer is made by mail, notification shall be complete upon receipt.

    (d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.


    Note - Be careful how you use this. I prefer to C & D to writing only. If you demand they cease all communication read c(1) and (2)

    specific remedy = lawsuit
     
  4. NJones

    NJones Well-Known Member

    Yeah, make sure that the debt is out of SOL for your state, or they may sue you. Have you requested validation?
     
  5. joey123

    joey123 Well-Known Member

    it was my fathers account and he had the same name as me. They are trying to collect from me. the called 16 times since last monday! I am not ready to sue them yet on violations. i am going to wait until they respond to my third validation request. BTW thnx jlynn
     

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