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Credit Card Debt Collection issues with overdue or defaulted credit card debt.

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Old 01-24-2008, 02:34 PM
MLT MLT is offline
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Default Too Good To Be True?
Has anyone heard of this? Basicall yyou ask that the card company verify where the fundfs came from, then you can prove no damages, and even countersue? Sounds too good

http://www.mainemediaresources.com/m...rt%20forms.htm
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Old 01-27-2008, 07:25 AM
LawResearcherMissy LawResearcherMissy is offline
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Default Re: Too Good To Be True?
Even having been in debt up to my hairline and frightened half out of my mind by debt collectors (until I learned what my rights were), I would never have attempted what that person espouses. I'm not even sure what to call it. Professional deadbeatery? Deadbeatism?

In any case, it's shady. Don't even think about trying it.

Let's look at part of the Fair Debt Collection Practices Act:

Quote:
Section 809(b), 15 U.S.C. §1692g(b):

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
Emphasis mine.

The FDCPA was never intended to prevent legitimate debts from being collected. Rather, it is meant to keep shady debt collectors from harassing debtors or trying to collect debts not legitimately owed (frex, they can't force you to pay Fred Smith's debt, even though you are also named Fred Smith).

The short of it is "You owe, you pay." Period. The FDCPA is not a tool to get one out of paying one's legally owed debts.
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Old 01-27-2008, 09:01 AM
jk jk is offline
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Default Re: Too Good To Be True?
what a hoot!!!

If you send a lettre like first advised, it will go in to the trash and if the collector had any intent on suing you, they will simply file suit and head to court.

The crap in that request is so far from what is required that it was a waste of time to even read it.

The FDCPA has very general requirements as to validation of debts and that is all that is required of a creditor to supply. This guy is diving in with some sort of crap that is closer (but well beyond) a request for disclosure that is filed when preparing for court. Even then, most of that is crap and simply a waste of everybodies time and effort.

If a collector is bullied by any of that, then that collector is in the wrong business because they have no idea as to the laws controllin collections.

Put that site on your "humorous and comedy" folder of your favorites. Either that or your "sources of fertilizer" folder because that is all that is.

Oh, I forgot; in answer to the question; too good to be true?

the answer is a most resounding; YES!!!!!!
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