Friday, September 22, 2006
CREDITWRENCH can't even help himself
Recently, CREDITWRENCH CEO Billie Bauer posted a tape recording of a collector calling him to collect on Creditwrench's defaulted Lowe's credit card. That's right, CREDITWRENCH CEO Billie Bauer doesn't have the resources to even make a $20.00 minimum credit card payment.
The recording indicates Creditwrench CEO Billie Bauer had received his 30 day verification rights in the mail a few days prior to this collection call being placed to his home.
In the conversation, Creditwrench CEO Billie Bauer indicated that he had 30 days to request verification. And, because the collector placed a collection call prior to the expiration of the 30 day verfication period, even though Creditwrench had not made a written request for verification, the call was therefore "overshadowing," and a violation of the FDCPA.
The truth is the FDCPA allows, and court's have consistantly ruled, it is not overshadowing for collection efforts to continue during the 30 day verification window if they have not received a written request for verification. A collector can even file a lawsuit during this verification period.
Just imagine being a Creditwrench "student." You would be led to believe that you have a cause to file a lawsuit against a collector for a FDCPA violation where none exists. Potentially putting you in harms way.
Creditwrench CEO Billie Bauer's claim that a collector attempting collection of a debt during the 30 day verification window, prior to receiving a written request for verification, is a FDCPA violation, is clear and convincing evidence that his advice is false and misleading.
The recording indicates Creditwrench CEO Billie Bauer had received his 30 day verification rights in the mail a few days prior to this collection call being placed to his home.
In the conversation, Creditwrench CEO Billie Bauer indicated that he had 30 days to request verification. And, because the collector placed a collection call prior to the expiration of the 30 day verfication period, even though Creditwrench had not made a written request for verification, the call was therefore "overshadowing," and a violation of the FDCPA.
The truth is the FDCPA allows, and court's have consistantly ruled, it is not overshadowing for collection efforts to continue during the 30 day verification window if they have not received a written request for verification. A collector can even file a lawsuit during this verification period.
Just imagine being a Creditwrench "student." You would be led to believe that you have a cause to file a lawsuit against a collector for a FDCPA violation where none exists. Potentially putting you in harms way.
Creditwrench CEO Billie Bauer's claim that a collector attempting collection of a debt during the 30 day verification window, prior to receiving a written request for verification, is a FDCPA violation, is clear and convincing evidence that his advice is false and misleading.
