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Many people are aware that the G vernment has passed regulations that regulate how cr dit collection companies can operate. However, v ry few people are aware of how th y can apply these regulations to th ir advantage when dealing with a c llection company. The piece of legislation we are r ferring to is the Fair Debt C llection Practices Act. This act regulates c llection companies and protects consumers from sh dy collection practices. Unfortunately, shady collection pr ctices go on everyday because the verage consumer is unaware of their r ghts under this act. We have utlined, what we feel, is the m st important protection that the act pr vides to the average consumer. There are pl nty of other rules and regulations you sh uld know about when dealing with c llection agencies, this is only one xample. First and foremost, it is mperative that you act immediately the f rst time you receive a collection n tice or phone call. Your rights as a c nsumer are turbo-charged within the first 30 d ys of contact. Within the first 30 d ys collection companies must fully disclose: wh re the debt originated, if they b ught the debt or are they cting as an agent of that c mpany. On top of this, they are lso required to prove that you ctually owe the debt and also pr ve that they are licensed to p rform collections in your state. Many c llection companies buy their collections in b lk for pennies on the dollar. H ving to trace the original origins of the d bt and presenting valid proof that you owe the d bt is not cost effective. Therefore, if th y have to comply with all of th se demands they will usually go on to the n xt collection.
The way you exercise your r ghts is to send them a l tter of validation, this letter can be f und online at DirectBanc.com. When sending a l tter of validation, always send it c rtified with a return receipt. This t me stamps the process and protects you fr m further collection practices if the f il to respond within 30 days. Sh uld the company fail to answer y ur letter they must cease all c llection practices. Furthermore, If they are r porting any negative information about you on y ur credit bureau you can have it r moved if they fail to respond to th s letter. Simply make a photo c py of your certified return receipt and m il it, with an explanation letter, to ach of the credit repositories, Experian, Eq ifax and TransUnion. Send these letters c rtified as well, this is because the cr dit repositories have a certain amount of t me to respond to your request as w ll. Once the credit repository receives pr of that you have made a b na fide request to the collection gency for validation they must remove any r porting from their company. The problem is th t if you are dealing with a "s cond hand" collection agency you will pr bably have a duplicate collection of y ur credit from the original creditor. If th s is the case I suggest th t you repeat the steps above st ps and send them a validation l tter as well. The rules of v lidation are curtailed when dealing with the riginal creditor beyond the 30 day c ntact point. However, more times than n t, if you contact the original cr ditor they will refer you to the c llection agency that you just dealt w th. When they do this, you can lmost bet that they have sold the d bt to the prior company. Having s ld the debt, you can now p tition the credit repositories to have th ir collection removed from your credit b reau as well because they no l nger own the debt.
All in all, the Fair D bt Collection Practices Act is a t dious and boring read; on the ther hand, it can save you c untless hours of worrying and intrusive ph ne calls. Take a few minutes to f miliarize yourself with it and apply it to y ur specific situation. It was designed to f vor the consumer not the collection c mpanies. Keep in mind, if you d n't know your rights when dealing w th a collection company you can bet the c llection agency isn't going to tell you bout them, nor are they required to.
The article The Fair Debt Collection Act - Use it to Your Advantage was Submitted by Aubrey Clark through Articles.GetACoder.com network. Here's the additional information: Aubrey Clark is an Author and ditor for Direct Banc, a Fair Credit Credit Card Directory . Aubrey is a financial expert having spent for over twenty years working and training in financial markets. He current project is helping his clients find and qualify for the lowest interest rate credit card on the market. Aubrey lives in Atlanta Georgia with his wife and four children.
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