The dreaded "refusal to pay"
Date: Thu, 03/04/2010 - 00:04
I was going over the Texas statutes again and noticed something.
Sec. 392.301. THREATS OR COERCION. (a) In debt collection, a debt collector may not use threats, coercion, or attempts to coerce that employ any of the following practices:
(3) representing or threatening to represent to any person other than the consumer that a consumer is wilfully refusing to pay a nondisputed consumer debt when the debt is in dispute and the consumer has notified in writing the debt collector of the dispute;
So basically if you send in a written dispute and they tell you they are going to mark it as a refusal to pay...you got therm on another violation!
I notice that collector's love to use this tactic...so those of you in Texas....here is that little gem if you get such a threat.
Sec. 392.301. THREATS OR COERCION. (a) In debt collection, a debt collector may not use threats, coercion, or attempts to coerce that employ any of the following practices:
(3) representing or threatening to represent to any person other than the consumer that a consumer is wilfully refusing to pay a nondisputed consumer debt when the debt is in dispute and the consumer has notified in writing the debt collector of the dispute;
So basically if you send in a written dispute and they tell you they are going to mark it as a refusal to pay...you got therm on another violation!
I notice that collector's love to use this tactic...so those of you in Texas....here is that little gem if you get such a threat.
I interpret that differently (not necessarily correctly). I int
I interpret that differently (not necessarily correctly). I interpret it to mean that they cant tell anyone else that you have refused to pay - "to any person other than the consumer"
Pickles
Wish my state had that...I had a debt collector call me on a jud
Wish my state had that...I had a debt collector call me on a judgment they purchased, I told them my income is exempt and I have no assets. He said what the hell does that matter....I told him they can't touch my money...he asked if I was refusing to pay, I said YUP and he said he was going to forward it to his legal department....I laughed at him and said good luck A$$ HOLE!!!!!!!!
Quote:Originally Posted by AnonymousI interpret that differently
Quote:
Originally Posted by Anonymous I interpret that differently (not necessarily correctly). I interpret it to mean that they cant tell anyone else that you have refused to pay - "to any person other than the consumer" Pickles |
Yes. Note that they threaten to mark it as a refusal to pay in your file...which -anyone- in their office can see. Plus if they also threaten to send the file to an attorney or whatnot..well, that is another person not you. :)
