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Re: QUESTION


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Posted by LadynRed (199.91.33.254) on January 14, 2003 at 09:29:49:

In Reply to: QUESTION posted by life on January 14, 2003 at 00:39:51:

First of all, you ARE correct, they are NOT supposed to apply payments to any other account if you specify where the payments are to be applied. This is a violation of Section 810 of the FDCPA:

§ 810. Multiple debts [15 USC 1692h]

"If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions."

Section 808 does not apply, Section 808 refers to Unfair Practices, so if that's the section they supposedly quoted you, then they were pulling your chain or didn't know WTF they were talking about.

You clearly have them on a violation of the FDCPA, Section 810. You need to send them a certified letter, quoting this section, attaching your letters that specify exactly where payments were to be applied and if they don't rectify the situation immediately you will not only file a complaint with the FTC, the State's Attorney General's office and the BBB, but you will sue them as well. You should also demand that they send you a full accounting of where your payments have been applied, as you did before. Hopefully the threat of a lawsuit will shake them up. If it doesn't, then be prepared to follow thru and sue their butts.




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