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 Posted: Mon Jun 02, 2008 12:18 pm Subject: Letter to end all communication |
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Is there any sort of letter that I can send out asking to end all communication attempts via telephone and to ceast and desist, also asking them to send me all information about my debt so I may them by mail rather than phone. I get over a dozen calls a day also while im at work from a creditor. But yet don't see anything to me via mail. Also when they do call they don't leave a message and when they do it's either a machine or someone saying something that I can't even understand a word they are saying.
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nicoleroman
Joined: 28 May 2008
Posts: 37
Debtcc Points: 549
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| Posted: Tue Jun 03, 2008 1:05 am Subject: |
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From your post it seems to me that you want a sample Cease and Desist letter. I am giving a sample letter below: -
| Quote: | [Your Name]
[Your Mailing Address]
[Your City/State/Zip]
Certified Mail, Return Receipt Requested # [Insert the Certified Mail Receipt Number here]
[Insert today's Date]
[Insert name of collection agent, if available]
[Insert name of collection agency]
[Insert address of collection agency]
[Insert City/State/Zip of collection agency]
REF: Account # [Insert either the original account number or the collection agency's account reference number here]
Dear [Insert name of debt collector calling--if available--here]:
You are hereby notified under provisions of Public Laws 95-109 and 99-361, also known as the Fair Debt Collection Practices Act, that your services are no longer desired.
You and your organization must CEASE & DESIST all attempts to collect the above debt. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission and the [Insert your home state here] Attorney General's office. I will pursue all criminal and civil claims against you and your company.
Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any telephone conversations that we may have in the future.
Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.
Since it is my policy neither to recognize nor deal with collection agencies, I will settle this account with the original creditor.
Give this matter the attention it deserves!
And have a nice day. |
You can find more such letters in http://www.debtconsolidationcare.com/letters/ .
Regards,
Phoenix
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phoenix
Joined: 14 May 2008
Posts: 935
Debtcc Points: 6048
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| Posted: Tue Jun 03, 2008 2:53 am Subject: |
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Hi nicole, it would be better if you send them the DV letter prior to the C&D letter.
According to the fdcpa, the collector can't call you at work and can only call you during the time stated in the law. Thus, they're actually violating the FDCPA laws by calling you at work.
The validation of debt letter will stop any kind of collection effort form their part till they don't respond to the letter.
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tweetyturner
Joined: 11 Mar 2008
Posts: 279
Debtcc Points: 3264
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| Posted: Tue Jun 03, 2008 6:07 am Subject: times |
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What times are they allowed to call you? And how many times is considered harrasment for them to call you a day? I have some they will call up to 5-6 times a day and it's just a recording?
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nicoleroman
Joined: 28 May 2008
Posts: 37
Debtcc Points: 549
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| Posted: Tue Jun 03, 2008 9:30 am Subject: |
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| Quote: | The following actions are illegal practices in attempting to collect a debt:
A debt collector calls place of employment work after you tell the collector not to call your work.
A debt collector makes an excessive number of phone calls. (More than 1 call per day.)
A debt collector claims to be an attorney or sends letters that look like they are from a law office. (Unless that debt collector is actually an attorney.- make sure they are an a attorney).
A debt collector continues to contact you even after they have been made aware that you are being represented by an attorney or settlement agency.
A debt collector tells someone other than you, your spouse, or your attorney or settlement agency. That you owe them money.
A debt collector misrepresents the amount of money owed, or the legal status of the debt
A debt collector fails to honor your request for them to cease communication to you.
A debt collector gives false information regarding your credit.
A debt collector threatens to garnish your wages or take your personal property. (This can only be done with a court order.)
A debt collector uses obscene language.
A debt collector threatens you, or your family.
A debt collector does not give you a 3-10 day notice before cashing a check post-dated issued by five (5) or more days.
A debt collector threatens you with criminal prosecution or tries to imply your committing a crime that you could be arrested for and go to jail. |
_________________
Scammed ? File complaints at these links
FBI
FTC
State Attorney Generals
www.bbb.org
Losing doesn't make me want to quit. It makes me want to fight that much harder. - Paul "Bear" Bryant
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mobile0311
Joined: 05 May 2008
Posts: 1376
Debtcc Points: 7283
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| Posted: Tue Jun 03, 2008 9:54 am Subject: Does that work the same |
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Does that work the same if it is the original creditor calling to collect?
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nicoleroman
Joined: 28 May 2008
Posts: 37
Debtcc Points: 549
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| Posted: Tue Jun 03, 2008 11:30 am Subject: |
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NO the fdcpa on refers to 3rd Party. However some state laws are stricter than other regarding collection , even with original creditors.
A debt collector calls place of employment work after you tell the collector not to call your work. That still applies to original creditors.
_________________
Scammed ? File complaints at these links
FBI
FTC
State Attorney Generals
www.bbb.org
Losing doesn't make me want to quit. It makes me want to fight that much harder. - Paul "Bear" Bryant
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mobile0311
Joined: 05 May 2008
Posts: 1376
Debtcc Points: 7283
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