I am writing a letter about my experience with Sears that is a mixture of a grateful "thank-you" and a pressing request concerning a Sears Charge Card tradeline in my credit files that I would like to have revised. I fully recognize my responsibility with respect to payable accounts and have worked diligently to rehabilitate my relationship with Sears since that time. To be honest, that year was a "wake-up" call for me regarding fiscal organization.
Debt Collectors This is a general guide for consumers and is not intended as legal advice. Are you behind in your bills? Or have you been confused with someone else who is delinquent in his or her bills? If so, you may be receiving telephone calls demanding that you pay a debt. While debt collectors are not prohibited from making reasonable attempts to collect legitimate debts or from suing you, consumer protection laws do prohibit deceptive and unfair debt collection practices and protect you from harassment, abuse and invasion of privacy.
You may be asking these common questions about your situation. There is nothing to be ashamed about if you are experiencing difficulties meeting all your financial obligations. Since delinquent debts can mushroom into a big problem, it helps to act quickly.
If you have difficulty paying a debt, you should consider contacting the creditor, explaining the circumstances, and offering to work out a payment plan. Sometimes the creditor will refinance or otherwise modify the agreement to give you a chance to catch up.
Remember, it is to the creditor's advantage to avoid bringing in a debt collection agency. However, if it begins to look as if you will not be able to pay the debt within a reasonable amount of time, the creditor may sell the debt to a debt collection agency for less than the face value of the debt.
The creditor is not required to let you know it is referring or selling your account to a debt collection agency.
Once the collection agency is involved, they will try to collect the debt, up to the full amount, from you. Who is a debt collector? This includes attorneys who collect debts, as well as collection agencies and other companies that collect debts for other businesses.
What kinds of debts are covered under this law? This includes money owed for medical care, charge accounts, credit cards and car loans. How is a debt collector allowed to contact me? A debt collector may contact you directly in person, or indirectly, such as by mail, telephone, telegram, e-mail or fax.
Without your express permission or permission granted through a court order, a debt collector may not: Can a debt collector contact others about me or my debt? If you have an attorney, the FDCPA prohibits a debt collector from contacting anyone other than your attorney.
If you do not have an attorney, the debt collector may contact other people, but only for the purpose of finding out where you live or work. However, the collector cannot tell these people or anyone else including your employer that you owe money. When contacting someone other than the person who owes the debt, the collector must give his or her own name but is not allowed to state the name of the collection agency unless specifically asked for it.
A debt collector may discuss the alleged debt with your spouse, your parents or guardian if you are under the age of eighteen, the executor of your estate, or any cosigner on the account or loan.
What practices are debt collectors prohibited from using? Harassing or abusive tactics. Debt collectors may not: False or misleading representations. Debt collectors may not misrepresent the truth. A debt collector cannot pretend to be anyone except a debt collector.
The collector must tell the person who allegedly owes the debt that the debt collector is trying to collect the debt and may not deceive you by: Other prohibited unfair practices. Debt collection agencies may not:Always try to resolve a problem with a business before seeking help from a consumer protection agency.
You can do this by speaking directly with the salesperson or manager or if this fails, by writing a complaint letter.
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The following letter can be copies for your use. The letter should contain the specifics that you have such as the creditor’s name and any known account numbers; The letter should be sent both by Certified Mail, Return Receipt Requested and by first class mail.
If they accept the letter you will have a receipt. Identity Theft Letter to a Credit Bureau. This sample letter will help remove inaccurate information on your credit report. Send this letter to each of the 3 credit bureaus.
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One in Five Americans Are Shocked to Find Errors on Their Credit Report. Credit report mistakes can lead to disqualification for mortgages and car loans, as .