Re: HELP!

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Posted by WHY CHAT (66.156.241.116) on June 17, 2002 at 11:23:50:

In Reply to: Re: HELP! posted by ecbab on June 17, 2002 at 09:39:11:

Try This "Special Letter"
NOTICE TO COLLECTION AGENCY
LAWS RULES AND CODES RE;SOL

(Subscriber]
[Address]
[City state ZIP]

[Collector]
[Address]
[City State ZIP]
[Phone number]

[Date] Certified Mail No.: _____________
Re ; inquiry dated ____: your file # _____

Greetings:

Thank you for your recent inquiry.

This is not a refusal to pay, but a notice that your
claim is disputed.

Please be advised that under the TILA
section 15 a credit card account is
legally defined as an "open" account.

The Act is in Title I of the Consumer Credit
Protection Act and is implemented by
the Federal Reserve Board via Regulation
Z (12 C.F.R. Part 226).

The Regulation has effect and force of federal
law.

Open-end Credit Transactions:

Open-end credit includes bank and gas company
credit cards, stores' revolving charge accounts,
and cash- advance checking accounts.

Typical features:

Creditors reasonably expect the consumer to
make repeated transactions.

Creditors may impose finance charges on the
unpaid balance.

As the consumer pays the outstanding balance,
the amount of credit is once again available to
the consumer

Under my State of ________ Code #__________
such accounts have a _________ year limit for
filing any action for judgement.

The starting date of this statute of limitations
being the later of the date of last activity,
or the date of first default.

Records show that this date on the subject
account # ___________ with (creditor name)
is ___ ____ ____.

Any filing of such action by you, or your
representitives or assigns, is therefore
time-barred.

Under the FDCPA, any such action, or threat
of such action is a violation of the law,
and grounds for fines and civil sanctions.

807. False or misleading representations

A debt collector may not use any false,
deceptive, or misleading representation or means
in connection with the collection of any debt.

Without limiting the general application of the
foregoing, the following conduct is a violation
of this section:

(2) The false representation of--
{{4-30-97 p.6620}}

(A) the character, amount, or legal status of
any debt; or

(4) The representation or implication that
nonpayment of any debt will result in the
arrest or imprisonment of any person or the
seizure, garnishment, attachment, or sale
of any property or wages of any person
unless such action is lawful and the debt
collector or creditor intends to take such
action.

(5) The threat to take any action that cannot
legally be taken or that is not intended
to be taken.

This notication to you is of applicable
legal statutes,codes and laws.
Other Federal and State laws may apply.

Please note that proof of your receipt of this notice may be used
by me or my legal representative in further action.