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Page Title: Figure 11-6.-Letter of indebtedness to debt collector in violation of the Fair Debt Collection Practices Act or a state statu...
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must be returned to the sender, along with a letter similar to figure 11-6 If  the  creditor  is  in  violation  of  the  Fair  Debt Collection Practices Act or a state statute regulating debt collection practices, the CO should send to the creditor a letter similar to figure 11-7. If the creditor is not in violation of the Fair Debt Collection Practices Act or a state statute regulating debt collection practices and complied with the Standards of Fairness, the CO should refer the correspondence to the member  concerned,  have  the  member  communicate  in a proper and timely manner with the creditor regarding his or her intentions in the matter, and send a letter similar to figure 11-8 to the creditor. If  the  creditor  has  not  satisfactorily  met  the requirements for full disclosure or signed the Certificate of Compliance, the CO should send to the creditor a letter similar to figure 11-9. The creditor’s Correspondent should be returned and no further action should be taken by the CO or other officials of the Navy Department until the Standards of Fairness are met and the creditor sends to the CO a complete Statement of Full Disclosure and a signed  Certificate  of  Compliance. When  a  creditor’s  letter  is  received  via  a  Member of Congress, a letter similar to figure 11-10 should be sent. When commands receive letters from creditors desiring to contact a member about indebtedness and the member is not or is no longer attached to the command, the creditor should, unless a different course of action is clearly indicated, be advised of the member’s new duty station address or that the member is not with the command  and  that  the  creditor  might  obtain  the member’s  duty  station  address  by  writing  to  the  locator service  of  the  Chief  of  Naval  Personnel(PERS-312D), enclosing $3.50 (subject to change) as a fee for the service.  The  member’s  home  address  may  not  be released. Requests received to furnish information concer- ning the personal rating of a member of the naval service should  be  courteously  refused.  The  policy  of  the Department of the Navy is to require that replies to such inquiries be limited to a verification that the member is in the naval service and to a statement of the member’s duty station address and basic pay. A letter similar to figure 11-11 is applicable in this situation. The requester should  be  further  informed  that  information  concerning a member’s credit rating maybe obtained from civilian agencies  that  have  been  established  for  that  purpose. Dear Sir/Madam: This is in reply to your letter of (date) concerning the alleged indebtedness of (grade/rate, name). The policy of the Department of the Navy is that members of the naval service shall honorably discharge their just and fair debts. The Department of the Navy, however, has no authority to enforce settlement of any private claims made against members of the naval service, nor is adjudication of disputed claims a matter under the cognizant of the Department of the Navy. The Navy will forward complaints of indebtedness to members advising them to communicate directly with the claimant regarding their intention in the matter, provided that the letter of indebtedness complies with statutory and regulatory requirements. A careful review of the contents of your correspondence suggests that it is in violation of (statute [federal or state or both]), in that (brief description of apparent violation; that is, correspondent is a member of the class of persons  prohibited  from  contacting  third  parties).  Therefore,  the  correspondence  is  returned  to  you  without  action. You  are  advised  to  communicate  directly  with  (grade/rate,  name)  about  this  matter. Sincerely, Enclosure(s) Figure 11-6.-Letter of indebtedness to debt collector in violation of the Fair Debt Collection Practices Act or a state statute. 11-19

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