Raleigh, NC Bankruptcy Lawyer for Ch 7 & Ch 13 – $999 – 919-627-7748

compassionate - accessible - responsive - affordable - 15+ years experience - weekday, evening, & weekend hours - payment plans - guarantee - BBB® A+ rating

FCBA – The Fair Credit Billing Act (OC)

[embedyt] http://www.youtube.com/watch?v=UeuVSdFsJRU&rel=0[/embedyt]

The FCBA requires creditors to bill correctly and completely.

The FTC summarizes the FCBA on “unauthorized charges; charges that list the wrong date or amount; charges for goods and services you didn’t accept or weren’t delivered as agreed; math errors; failure to post payments and other credits, such as returns; failure to send bills to your current address — provided the creditor receives your change of address, in writing, at least 20 days before the billing period ends; and charges for which you ask for an explanation or written proof of purchase along with a claimed error or request for clarification.”

You want to ensure the following before ANYTHING is reported to the bureaus.

1) The account was created at your request.

2) All items are billed correctly to an account.

3) All statements are created in a timely manner.

4) All statements are sent to the correct address.

5) Your change of address requests to the creditor were never ignored.

6) Your disputed charges were never ignored.

7) All change of address requests, or disputed charges which aren’t expedited correctly and in accordance with your rights as stipulated by the FCBA were not ignored. They also didn’t contribute to a negative annotation in your credit bureau reports.

8) All interest and late fees were computed in accordance with federal law and with any laws specific to your home state.

9) The creditor didn’t break their contract with their customers in any way.

FCBA VALIDATION (OC) LETTER #1

[YOUR NAME]
[YOUR ADDRESS]

Phone: [YOUR PHONE NUMBER]
Fax: [YOUR FAX NUMBER]
Date of Birth: [YOUR DATE OF BIRTH]
Social Security Number: [YOUR SOCIAL SECURITY NUMBER]
Tradeline Account Number: [ACCOUNT NUMBER]

[BILL COLLECTORS NAME]
[COLLECTION AGENCY NAME]
[COLLECTION AGENCY ADDRESS]

Name of OC: [NAME OF ORIGINAL CREDITOR]

[TODAY’S DATE]

According to my Federal civil rights as stipulated by the Fair Credit Billing Act, you are obligated to acquiesce with this lawful request for complete documentation for billing, including charges and interest and a full accounting of where each bill was mailed, for the life of the account.

The FTC summarizes the FCBA on “unauthorized charges; charges that list the wrong date or amount; charges for goods and services you didn’t accept or weren’t delivered as agreed; math errors; failure to post payments and other credits, such as returns; failure to send bills to your current address — provided the creditor receives your change of address, in writing, at least 20 days before the billing period ends; and charges for which you ask for an explanation or written proof of purchase along with a claimed error or request for clarification.”

If not delete these reports from every consumer reporting agency to to whom you have reported. Your expeditious handling of this matter is expected.

Sincerely,
[YOUR SIGNATURE]

[YOUR NAME]

 

FCBA VALIDATION (OC) #2

[YOUR NAME]
[YOUR ADDRESS]

Phone: [YOUR PHONE NUMBER]
Fax: [YOUR FAX NUMBER]
Date of Birth: [YOUR DATE OF BIRTH]
Social Security Number: [YOUR SOCIAL SECURITY NUMBER]
Tradeline Account Number: [ACCOUNT NUMBER]

[BILL COLLECTORS NAME]
[COLLECTION AGENCY NAME]
[COLLECTION AGENCY ADDRESS]

Name of OC: [NAME OF ORIGINAL CREDITOR]

[TODAY’S DATE]

The Fair Credit Billing Act requires that you bill me correctly and that each statement is to be sent to the correct address. Furthermore, it states that you are not to ignore change of address requests, and that you facilitate disputed charges in a timely manner prescribed by law. The FCBA also says that you shall provide lawfully requested information concerning my account upon request in a timely manner.

The FTC summarizes the FCBA on “unauthorized charges; charges that list the wrong date or amount; charges for goods and services you didn’t accept or weren’t delivered as agreed; math errors; failure to post payments and other credits, such as returns; failure to send bills to your current address — provided the creditor receives your change of address, in writing, at least 20 days before the billing period ends; and charges for which you asked for an explanation or written proof of purchase along with a claimed error or request for clarification.”

For this reason, please forward a notarized statement on your letterhead which will attest to your compliance to the FCBA generally and to my account specifically as long as I have  been a customer. If not, delete the negative marks you have reported to all three consumer reporting agencies in a timely manner prescribed by law. Your prompt attention is expected.

Sincerely,
[YOUR SIGNATURE]

[YOUR NAME]

~~~~~~~~~~~~~~~~~~~~

Remember, anything that sounds like possible litigation makes creditors nervous. They just don’t want to fool with you. They’d rather go and attend to their business. A polite, calm, lawful request just gives ’em the willies.

Keep in mind that these sample FCBA approaches, like the Nutcase approach (especially Nutcase letter 1)… make no claims. They just look like they’re written by somebody who calmly has it together and is about to escalate.

PLEASE! Refer your friends to Cameron Bankruptcy Law or write a brief online review!Cameron Bankruptcy Law of Raleigh thank you!
(919) 627-7748


Loss of Job? We Can Help!   Medical Bills? We Can Help!   Discharge Divorce Debt? We Can Help!   Stop Harassing Bill Collectors? We Can Help!   Stop Foreclosures & Repossessions? We Can Help!   Stop Lawsuits & Judgments? We Can Help!   Stop Wage Garnishments? We Can Help!   Reinstate Driver's License? We Can Help!  Student Loans? We Can Help!  Back Taxes? We Can Help!  Cancel Contracts? We Can Help.   Single Parent? We Can Help!   Trade In Your Financial Worries For Peace of Mind! We Can Help!