Homeq Servicing ,Wachovia ripoff harassment Sacramento CA 95853-3716 Internet
we tried to get caught up on our mortgage payment with a postdated check, it was cashed before hand therefore there was not enough money left in the account to cover the check, therefore we are behind one month on our payment and are being harassed every day about reposession.
Wes
Mtn Home, Idaho
U.S.A.
1 Updates & Rebuttals
Samuel
Savannah,Georgia,
U.S.A.
Possible FDCPA Violation, Federal Law under USC Title 15 - Commerce and Trade Chapter 41 - Consumer Credit Protection Subchapter 5 - Debt Collection Practices
#2UPDATE EX-employee responds
Mon, February 02, 2004
Depending on the circumstances surrounding the incident referenced, HomEq may have violated
Federal Law under USC Title 15 - Commerce and Trade Chapter 41 - Consumer Credit Protection Subchapter 5 - Debt Collection Practices, more commonly known as the Fair Debt Collection Practices Act (FDCPA).
Under the FDCPA, section 808, "A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three days prior to such deposit.
(4) Depositing or threatening to deposit any postdated check or other postdated instrument prior to the date of such check or instrument."
** Text taken directly from the FDCPA section referenced. **
What this basically says is that a debt collector may not deposit your postdated check prior to the date on the check. (period) It further states that if a debt collector accepts a check postdated by more than 5 days, they must provide a minimum of 3 days advance written notice of their intent to deposit the check.
If you believe that HomEq Servicing violated Federal Law under the FDCPA, you should contact an attorney who specializes in Consumer Law for the appropriate advice. An additional step would be to contact the Fair Trade Commission (FTC) and file a complaint.
I hope that this helps.