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Re: Trouble with FirstUSA/BankOne and collection agency


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Posted by advice (164.109.144.90) on January 15, 2004 at 14:20:09:

In Reply to: Re: Trouble with FirstUSA/BankOne and collection agency posted by dixiedrifter on January 07, 2004 at 04:25:31:

This dixiedrifter is misinforming you. He's quoting section 804 of FDCPA (skiptrace) which is the wrong section. The correct section is 805 and it refers to cease coomunication. This has to be done in writing and honored .

c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.




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