Dealing with hostile Creditors or Collection Agencies

By explainmycreditcard.com staff

False or misleading representation
A debt collector can not use any false, deceptive or misleading means to collect debt. This includes:

hostile collection agency  The use of any business, company or organization name other than the debt collectors business, company or organization to collect in communicating with a third party to obtain location information or with the consumer.
hostile collection agencies  Misrepresentation of the type of debt, amount of legal status
hostile creditors  Lose any documentation that is a claim or defense to the payment of a debt.
hostile collection agency  Misrepresentation of who the person is such as claiming he/she is an attorney in communicating with the consumer.

Unfair Practices
A debt collector may not use unjust means to collect or attempt to collect any debt. Unfair practices include:

hostile creditors  Collection of any amount other than the amount owed unless agreed upon when the loan was being taken or permitted by law.
hostile collection agency  Deposit or threaten to deposit a postdated check or any postdated instrument of payment before the stipulated date.

hostile creditors  Causing charges to be made to the consumer by concealing the true purpose of the communication. These include but not limited to collect telephone calls.
hostile collection agencies  Taking or threatening to take non-judicial actions that result in dispossession and disablement without the right, intent to do so or if the property is exempt by law.

Validation of Debts
A debt collector within five days after the initial communication with the consumer shall unless contained in the initial notice or the consumer has repaid the debt, send a written notice containing the following

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