Steve
Bradenton,#2Consumer Suggestion
Fri, February 17, 2006
First of all, the entire post is in the wrong category. Alliance One is a COLLECTION AGENCY, not a CREDIT BUREAU. Second, there is nothing in the FDCPA called a CEASE & DESIST letter. The FDCPA has a provision for a CEASE COMMUNICATION request by the debtor.... AND..... The penalty for non-compliance by a collection agency of any provision of the FDCPA is UP TO $1000, plus costs. This is not a flat rate of $1000, notice the wording of the law..."UP TO". Debt management programs DO NOT give loans to consolidate bills. They simply take the money from you in one lump each month and then pay each creditor the negotiated monthly payment [if your lucky]. Also, when making a post, proper information along with some attempt at forming a legible sentence is helpful. A spell checker is a good idea too, for credibility purposes. Effective and professional communications get far better results than illiterate rambling.. Good luck
Scott
Phoenix,#3UPDATE EX-employee responds
Thu, February 16, 2006
I have studied the FDCPA EXSTENSIVELY in Law School. A debt collector cannot threaten legal action against a debtor if it is an action they do not intend to take. In this instance Alliance one threaten you with the false implication that they will take legal recourse. This my friend is worth $1000.00 bucks, the statutry damages for violation.
Jereme
Toledo,#4Consumer Suggestion
Thu, May 05, 2005
guys read the law a cease and desist letter allows for one more contact by the collection agency to inform you of they steps they PLAN to take to resolve this matter....this doesnt absolve you of the debit it just ceases the calls from the agency who recieved the notice...they CAN and WILL still report this to your credit, just as debtors have rights so do the creditors ...when in collections BIF is due...if they allow pmts count your blessings cause they dont have to do us all a favor and read the whole section of the law and just not section 1 or 2 that suits your needs...cause every part of the fdcpa give the creditors rights as well as the debtors
Robert
Payson,#5Consumer Suggestion
Sat, March 08, 2003
Actually, a collection agency is not required to work with you, there is no federal law saying that they have to work with you on your terms. It is all on their terms. Now, as to them calling you at work, after you have told them you cannot receive calls at work, that is a violation of the FDCPA. They have broken federal law by contacting you again. If you have a recorder handy, record your next phone call from them, and tell them you cannot be contacted at work. You are not required to give any further contact info either. Also, if they are unwilling to work with you, ask for their address, WHICH THEY ARE REQUIRED to give you. Then send them a "CEASE AND DESIST" letter, and send it registerd or certified mail so you can prove they received it. Make it a conditional cease and desist though, tell them, if they wish to accept the settlement offer from the debt management company, they can contact them to make arrangements for the agreed settlement offer, and FOR NO OTHER REASON. Also, whereas they have broken federal law, tell them that if it shows up on YOUR credit report, that you'll report them to the Federal Trade Commission www.ftc.gov and to the attorney general of their state and of yours. If you need any other advice on collections, let me know.