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unwanted calls for collection

Date: Sun, 08/07/2005 - 09:51

Submitted by speck2
on Sun, 08/07/2005 - 09:51

Posts: 5 Credits: [Donate]

Total Replies: 10


if a home owners association attorney sends me a letter stating i owe the association $845.00 and i call the lawyer to find out why i owe that amount and then he sends me a anylis report showing why i owe that ammount then i question the anyliss report and he adds an additional $ 300.00 dollars more on for collection cost can the attorney do this. it seems if i question anything it will cost me more money. this could run into the thousands to ask why i owe this debt. i would like to know can an attorney use this stradegy to collect money for asking questions


Dear Speck2,

I am Vikas, welcome to the forums.

Quote:

can the attorney do this

Asking any queries about debt comes under debt validation, according to fdcpa they are supposed to give details of the loan (of course free of cost).This comes under debtor's right to validate debt.

Another Question that comes in place is, "this is Lawyers fee, are they also under FDCPA???? According to the law even if the original creditor or collection agencies hire a Lawyer they will be considered a collector and thus should adhere to the FDCPA.

Speck2, please let us know if you require more help.

Thanks
Vikas


lrhall41

Submitted by Vikas on Sun, 08/07/2005 - 11:05

( Posts: 2019 | Credits: )


you said in your response to me that according to fdcpa they are suppode to give details free of cost. what section of fdcpa actually says free of cost


lrhall41

Submitted by speck2 on Tue, 08/09/2005 - 16:13

( Posts: 5 | Credits: )


Validation of debts is necessary ?? 809 (15 USC 1692g] of the Fair Debt Collection Practices Act.

It says that within five days after initial communication with the debtor, the debt collector is required to provide the following information:


  • The details of the account.

  • All the calculation should be shown of the amount that is owed.

  • Any copies of the papers to be furnished that shows the payment agreement.

  • Provide a verification or copy of any judgment if applicable

  • The original creditor needs to be identified.

  • The Statute of Limitation needs to be proven for the collection of the debt.

  • The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent

  • Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.

  • Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.

  • A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.


Regards
Roxette


lrhall41

Submitted by roxette on Tue, 08/09/2005 - 16:59

( Posts: 4009 | Credits: )


What is the definition of a late fee. is a late fee considered a fine if it is can you show me a copy from any dictionary actually defining what a late fee is thanks for your time again


lrhall41

Submitted by speck2 on Wed, 08/10/2005 - 02:25

( Posts: 5 | Credits: )


Hi speck2

By definition, a late fee is the amount of money that lenders are allowed to charge if a specific payment is not received on time. This fee comes into existence after the expiry of the daily fee amount for payment according to the rental agreement term. Since these fees are regulated by state laws, it varies from one company to another company.

In order to avoid the late fees to come into effect, you should make payment at least five days before the due date of the statement.

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 08/10/2005 - 12:21

( Posts: 4009 | Credits: )


is a late fee another word for a fine if so where can i find the actuall definition of a fine


lrhall41

Submitted by speck2 on Wed, 08/10/2005 - 19:47

( Posts: 5 | Credits: )


thank you ben. the reason i keep trying to find a definition of a late fee is because governor jeb bush created a hoa task force in florida and the florida statue know states that a person can no longer have a lien or forclosure on there house for a fine and neither can attorneys recover legal fees for trying to bring a person to court to collect legal fees for a fine. florida statue 720 for your ready reference

once again thanks ben now i can try to have late fees added to the fine column through your help many more people threwout the state of florida will no longer be eaten up by the packman machine the attorneys


lrhall41

Submitted by speck2 on Thu, 08/11/2005 - 15:41

( Posts: 5 | Credits: )