The preferred way is to take the car without contact with anyone. When that doesnt happen, we have to make contact. FDCPA exempts reposssors from collections. The Act refers to 3rd party agencies. what you do now determines how the future goes as far as your car. (i've read the full text of the FDCPA, and I can't find an exemption for repossessors anywhere) Repo cos. are hired as "subcontractors" of the lender, which makes them an agent of the lender not a 3rd party. FDCPA excludes repo cos. However, not all repo cos. are created equal so they could be too lazy to run the given add to see if the car was actually there. Call a local attorney, discuss the circumstances with them. If they jump on it, you may have a gold strike. LOL Good Luck
In California, when a repossession agency makes a demand for payment in lieu of repossession, Cal. Business and Professions code sec 7507.4 subjects them to the provisions of Cal. Civil Code 1788 et seq (Rosenthal Fair Debt Collections Act), which in turn subjects them to the FDCPA. So if the hypothetical happened in California, yes, they are a collection agency with regard to the application of the FDCPA and the Rosenthal FDCA.
Absolutely not. A collection agency can only demand payment of you. If you think the collection agency with which you're dealing is acting unethically, you should check out the Fair Debt Collection Act. You can file a formal complaint and the agency can be fined. * Legally they cannot "demand" anything, they can request, they can debate, they can negotiate, assuming the debtor wants to spend the time engaging in such, but they cannot "demand". The debtor always has the option of hanging up the phone and refusing to communicate with a collector or creditor, as there is no U.S. law that requires the debtor to do accept nor particpate in collection calls.
Anyone can be sued for anything. Whether you will win is another matter. If a collection agency demands a payment and cannot or will not provide proof that the debt is valid, it should not be paid. You might then have a case for harassment if they continue to demand payment without validating the debt.
No, a collection agency has no legal power to demand disclosure of a person's financial status. If a lawsuit is initiated, the creditor's attorney can request a interrorgatories/discovery petitions, of which there are several types of legal categories. This is generally done if it is suspected that the debtor/defendant is trying to shield nonexempt assets from creditor/plaintitff attachment.
The first time a collection agency contacts you, it must give its name and address, and the name of the original creditor (the business or person you owe money to). It must also tell you in writing the amount of the debt and any fees which have been added, such as interest or collection fees. You must also be informed of your right to dispute the information. * A collection agency cannot call or write to you more than three times a week. Only one of those calls can be at work. You cannot be called between 9 pm and 8 am. * A collection agency cannot harass, intimidate, threaten, or embarrass you. It cannot threaten violence, criminal prosecution, or use offensive language. * If you send a written statement requesting a collection agency to stop, it cannot continue to call or write to you to demand payment. If you have an attorney, the law prohibits a collection agency from contacting anyone other than your attorney. If you do not have an attorney, the agency can contact other people only to find out where you live or work. The collector cannot tell these people that you owe money. In most cases, the collection agency can contact another person only once. These same rules apply to contact with your employer.
The Fair Debt Collection Practices Act (FDCPA) sets rules for bill collectors working for a collection agency (not a collector working for the creditor, many states have laws for all collectors). One of the rules is that they can not call you at work, harassing you, use inappropriate language, lying, adding unauthorized charges and many other practices. Under the FDCPA, you have the right to demand that the collection agency stop contacting you, except to tell you that collection efforts have ended or that the creditor or collection agency will sue you. You must put it in writing. Some thing happened to me. Certified letter telling them to stop worked like a charm.
The short answer is you can demand anything you would like. I think your question should be is it an effective way to remove negative listings by the OC, and that answer is probably not. Even if the agency says they will do that, they have no control over data submitted by another data furnisher. I would imagine a reputable agency wouldn't enter into that agreement, since they have no way to hold up their end of the deal.
Absolutely not! Never ever do this. A collection agency can demand anything, however they have no legal powers. If the CA is working for the orignal creditor all they can do is continue mail and phone contact. The debtor even has the option of sending a "cease and desist" letter to stop them from any contact at all. Before legal action can be taken, the OC has to refer the account to a collection attorney licensed to practice in the state where the debtor resides. Or the account is sold to a third party collector who after attempting to reach an agreement can refer the account to an attorney for legal action. All this takes a great deal of time, the debtor should never be rushed into making a decision as to a settlement or any payment agreements. NEVER GIVE A COLLECTION AGENCY YOUR PERSONAL FINANCIAL INFORMATION!
If the collection agency knows the current residence of the person owing a debt, they are in violation of the federal Fair Debt Collection Practices Act. Contact the collection agency immediately in writing and let them know you are reporting their actions to the Federal Trade Commission and the American Coolectors Association. Also state that you demand the cease contact in every medium but writing and they are not to contact you on the phone. Collection agencies can be subject to serious fines and penalties. Check out the Fair Debt Collection Practices Act. Federal Trade Commission Consumer Response Center 600 Pennsylvania Ave. N.W. Washington, D.C. 20580 Telephone: (877) FTC-HELP (877-382-4357) TDD: (202) 326-2502 Web: www.ftc.gov - Click "File a Complaint" on home page American Collectors Association P.O. Box 39106 Minneapolis, MN 55439-0106 Telephone: (612) 926-6547 Fax: (612) 926-1624 Email: email@example.com Web: www.collector.com Complaints about members: www.acainternational.org/intcontent.aspx, Click on "Contact ACA
Collection agencies, their practices, and the rights of both their clients and debtors are often very misunderstood. When a collection agency begins the process of collecting against a debt, it is important that the debtor understand their rights, what is expected of them, as well as how the collection process works. Third party collection agencies are a party that have no real interest in the debt, the creditor, or the debtor. The Fair Debt Collection Practices Act highlights the practices and methods that a third party collection agency may or may not use to secure payment against the debt. Collection agencies are allowed to attempt to make phone contact with a debtor between 7am and 9pm local time. A collection agent cannot reveal the nature of their call to anyone who identifies that they are not the debtor. If asked, however, they must provide the company’s name. Many companies will have their agents abbreviate the company name over the phone to help protect privacy. Once in phone contact with the debtor, the collection agent may make payment arrangements against the debt or they may demand payment in full. A third party collection agent cannot speak to the client directly and may speak only to the debtor, their spouse, parent if the debtor is a minor, or power of attorney. If a debtor does not wish for the collection company to continue calling their home phone, cellular phone, or work telephone, they will need to provide a request in writing to the collection agency asking for the calls to that number or combination of numbers to cease. A collection agent is not allowed to use profane or abusive language when speaking to a debtor and must always identify the nature of the call. If a debtor has already filed or plans to file for bankruptcy and the stated debt will be covered in the proceedings, they should notify the collection agent. If the debtor has an attorney for the matter, the collection agent may ask questions to gather information about how to contact the attorney in the matter.
The most important thing to do is identify the debt and that it is legally in your name.The second is to make sure to go through all your records to prove the debt is unpaid.Find out if there is a grace period between the day the debt was listed in collections and the day it is reported to the credit file (most cases you have 30 days from the day it was listed to the day it is reported)Try to pay it in full as soon as possibleIf you cannot pay in full, make an offer to pay less and have the debt settled in full - usually you would give a letter explaining that there is hardship and you simply do not have the fundsIf you are disputing the debt - write a letter to the collection agency explaining the dispute and why you feel you do not owe the funds (they must put the file on hold until it is determined if the dispute is valid or not) THIS MUST BE IN WRITING TO BE VALIDSimply not wanting to pay the bill is not a valid disputeDid the collection agency properly identify that you were the correct person by having you verify your date of birth?, SIN, Address or other information that you would have given to the creditor that has listed you to collectionIf you cannot pay in full immediately - offer a payment planIf the collection agent is rude (be careful not to mistake being aggressive or firm as rude) demand to speak to their supervisorOnce paid or "settled" in full ensure you get a letter from the collection agency releasing you from the obligation
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