Collections

How to deal with Credit Card Debt. Collection agency will be after you. Action: 1. Read Fair Debt Collection Practices Act. Know your rights. Do not blow 30 day window to dispute the debt (validate it). Download letter sample at http://www.awakeningblog.com/books.html
If they call you tell them that you understand that they want to collect debt, so please send me letter so I know who is trying to collect it. Good luck. Please share results if any. Make sure you understand to whom FDCPA applies. It is not a legal advise.

Duration : 0:6:12

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The short answer - yes, in most cases, but collection agencies are usually regulated differently from original creditors.

In the previous video we spoke about the major decisions made by US Supreme Court and Congress in 1978 and 1980, allowing national lenders to offer their services in all states practically without limit on the interest they can charge.

These laws are not applicable to collection agencies. The laws which ARE applicable are FDCPA (The Fair Debt Collection Practices Act), and local states’ usury laws and ucc laws (UCC = Uniform Commercial Code).

The FDCPA, Section 808(1) prohibits adding interests or fees unless the amount is expressly authorized by either the state law or by the original contract with the lender. Usually the original contract has these provisions.

Page http://www.101creditrepair.com/resources has links to the applicable laws (federal and by state). If you read the laws, you will see that the allowed rate depends on the State, on the type and the amount of debt, whether there was a judgment, and other parameters.

If the rate is too high, the court may find it illegal, and in some states (for example, New York) can even void the original debt.

Another question - whether the collector will actually charge the interest and fees. If the collector represents original creditor - they will probably charge the maximum - to balloon the amount so that they can charge it off and receive maximum insurance / tax benefit.

If the collector is not representing the original owner, but bought the collection rights - then it depends on what they know about you. If they think you have money - they will charge the maximum - and will try to sue you. If they believe you don’t have money and the amount is not very big - they will agree to settle, or even decide to completely abandon collection efforts.

For more information visit http://www.101CreditRepair.com.

Duration : 0:4:47

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Those debt collectors! Pray you do NOT encounter the debt collectors caught on film in this MSNBC undercover video. What does a “boiler room” look like? Who are the snakes calling themselves debt collectors? You gotta see this video…so you know WHO you’re dealing with.

Duration : 0:8:24

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Dealing With Debt Collectors - Debt Validation.

The first most important rule of dealing with debt collectors you must remember: never admit and accept a debt unless it was proven to you that it IS your debt. You have the right to request documentation from the collector substantiating his collection efforts. You must send your validation request no later that 30 day since the collecting agency’s first contact.

What debt collectors should provide:

() Proof that the collection company owns the debt/or has been igned the debt. At a minimum, some account statements from the original creditor.

() Proof that this debt is yours - a copy of the original signed loan agreement or credit card application (or at least account statements from the original creditor).

() Explanation of the amount and all fees and payments starting from the original creditor (this is not in the FCRA or FDCPA - but was established in one of court cases in 2004 ( for more info visit http://www.101CreditRepair.com )

Procedure:
1. Send a letter requesting validation to the collection agency (via certified mail)

2. Dispute the collection with the credit bureaus (certified letter). You must never skip this step.

3. Wait 30 days to hear back from the collection agency. Most likely they either not respond - or not provide everything as needed.

4. If they haven’t sent you satisfactory proof, send them a 2nd letter with the copy of the first one and delivery receipt. Tell them that they have not complied with the FDCPA and are now in violation of the Act. Tell them they need to immediately remove the collection listing from your credit report or you are going to file a lawsuit because they are in violation of the FDCPA, section 809 (b).

5. Wait 15-20 days to hear back after this second letter to the collection agency. They will either remove it or not respond.

6. If they do provide all required documentation - there is one more thing you can try: see if they are legally licensed to collect the debt in your state (not all states require license).

If the collection agency did not agree to remove the listing, then you need to continue to the next steps. For more information about this process, including template letters, visit http://www.101CreditRepair.com

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A discussion regarding how maintaining a debt collection log can help a consumer fight back against debt collection abuse.

Duration : 0:4:51

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http://www.fairdebthelpers.com -
The Fair Debt Collection Practices Act (FDCPA) makes unfair or abusive debt collection practices illegal. Here are 10 ways debt collectors can break the law.

Duration : 0:2:18

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