Eliminate Credit Card Debt?
It is possible to get relief from Credit Card Debt using our Debt Dispute and Validation program.
NOTICE: Our system is NOT a debt settlement, modification, or negotiation service. Services offered ARE NOT CREDIT REPAIR or any form of Credit Repair. No claim is made to affect, change or improve any part of a credit report.
Benefits of Credit Counseling
Secondly, is more effective than others who use only the Fair Debt Collection Practices Act (FDCPA) to make a collector prove the debt is valid. utilizes multiple laws to make the debt collector prove they are authorized to collect, that the debt originated in lawful compliance with all federal laws, state laws, and regulations including, but not limited to, the Truth in Lending Act (TILA), Credit Card Act of 2009, Fair Credit Reporting Act (FCRA), Foreign Corrupt Practices Act (FCPA), Privacy Act of 1974, and the FDCPA.
Thirdly, our paperwork has muscle because the debt collector can be charged with monetary damages if they continue collection without providing all of the proof required to verify the debt in full. The laws we use provide penalties and fines for non-compliance or failure to answer the Notice and Demand for Verification of Debt within thirty (30) days of the debt collector’s receipt of paperwork related to your account. The FDCPA for example, allows for a $1,000 damage paid to you should they violate the law by continuing to make payment demands without having verified the debt. Under 16. 15 U.S.C. § 1692e(8) it states:
“Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed, is a violation of § 1692e.”
The above means it is also illegal for the debt collector to report that the debt is not paid when it is in fact under dispute, the two are very different things. Only after they prove the debt through verification (defined below) can they report that the debt is unpaid.
Black’s Law Dictionary, Sixth Edition, defines “verification” as follows:
Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.”
Lastly, our paperwork is sent directly to a fiduciary (management) of the debt collection company whom we hold personally liable for the claims being made against you.
How It Works
The system invokes the laws and statutes found in the Fair Debt Collection Practices Act, and other laws to protect consumers against third party debt collection agencies, fraudulent debt collection practices, & violations of people’s consumer rights.
Our procedure requests a forensic audit from the collector. We start with a demand to your collector to provide validation, verification, and proof of their legal authority to collect debt against you.
Utilizing the various laws pertaining to debt collection,lending, and billing practices, sends your collector a demand to cease collection activities until such time as they have verified, validated, and proved their authority. Some of what we require as part of this process includes a fully completed Debt Collector Disclosure Statement signed under penalty of perjury, proof of how they got the debt to collect (bought it, assumption, novation, etc..), the history of the debt (was it charged off, paid by insurance, etc…), also they must provide the original accounting and contracts from the original creditor upon which the amount owed is based, and more.
Your demand for verification, validation and authority to collect is sent Certified Mail by a notary public from your authorized representative. The debt collector must respond in a timely manner to the authorized representative through the notary. If they fail to return all the demanded proof (which is almost always the case), then a Notice of Non-Response, Notice of Fault, and Affidavit in support of Non-Response is sent by Certified Mail providing the collector with a limited additional time to respond. After a short period of time expires for their second chance to send the required proof of verification, validation and authority to collect (which they almost never do), the matter should be resolved.
In the event that the collector continues making demands or files a suit against you, the notarized record of the demands and non-response (called a commercial record) can be used as your defense that the debt was not validated, you can also sue them back in a counter-claim for a violation of the Fair Debt Collection Practices Act (FDCPA), which states in part at 15 USC §1692g(b):
“If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.”
The verification described above is only one part of what we demand of the debt collector, there is more in the FDCPA as well as the other laws we use in the paperwork, such as the Federal Truth and Lending Act and Fair Credit Billing Act, which we include to ensure not only verification but also validation and authority to collect.
The program is based on the belief that our customers’ needs are of the utmost importance, we understand that fraudulent practices in the financial industry take place, and that debt collectors violate laws in order to collect money from you. In fact, the purpose of the “Fair Debt Collection Practices Act” as worded in the act states:
“There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.”
Some collection agents threaten or use intimidation techniques to make you send them money, this is illegal. Some collectors increase rates without proper notification, under the new Credit Card Act of 2009 (a.k.a. Credit Cardholders’ Bill of Rights), this is illegal. Collection agents are on commission, so if you do send them money without first requiring them to verify the debt, you are providing that agent with a bonus in their paycheck.
Our entire team is committed to protecting your rights, meeting your needs and performing more effectively than any other type of debt resolution in the market today. We are not settling your debt for less money, negotiating, or modifying your loan; instead we audit the account by requiring the debt collector to prove they have lived up to all the laws required to legally proceed with collection.
We are dedicated to resolving unsecured debt no matter the balance. As a result of the short time frame it takes to resolve debt via the validation procedures we use, a high percentage of our business is from referrals.
All programs offer Financial Education.
We welcome the opportunity to consult with you for no fee, then we can determine if you are a candidate. Call us at 1-888-521-0737