Sunday, October 25, 2009

Fending Off Credit Card Debt Collectors Begins With A Guiltless Attitude

By Matthew Highlander

Every day more consumers fall behind on their credit card debt payments and leave themselves open to being threatened by credit card debt collectors. Some people simply cannot afford to pay their growing minimum-monthly credit-card debt payment(s), as a result they begin to feel hopeless and guilty.

Some consumers in this situation realize they do not have to suffer this financial death by guilt.

They understand they can use a proven legal strategy to make the debt collector prove the debt is owed. Denying and disputing an unsecured credit debt with a debt collector, not the original creditor, works, according to Credit Card Debt Survival Guide. This strategy forces the other side to prove their case.

A credit card debt collector is required by the Fair Debt Collection Practices Act to send a statement to the consumer with the debt saying that:

1] Unless the consumer disputes the validity of the debt, the debt will be assumed to be valid by the debt collector and

2] The consumer must notify the debt collector in writing within thirty days that the debt is disputed.

The Fair Debt Collection Practices Act also allows the consumer to notify the credit card debt collector in writing that the consumer refuses to pay the debt and that the consumer wishes the debt collector to cease further communication with the consumer with respect to the debt.

Then what happens, when the consumer disputes and denies a credit card debt and instructs collection communications to cease when a collection attempt is made by a credit card debt collector? Their job has been made harder. They must validate the debt with copies of original documents. That means going back to the credit card company for documents, then forwarding them to the consumer.

In the case of an unsigned and unsecured credit card debt, the credit card debt collector first has to get the consumer to admit their guilt and that they owe this debt. How this first debt collection communication from the debt collector is handled is important. The debt collector is likely to move on to a consumer who requires less work, if they are faced with a denial, a dispute of the debt and instructions to cease communications.

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