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Cease & Desist letter - should i send it to the creditors?  

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I recently listed my payday loans with a debt consolidation company. They said it might be a wise idea to send a cease and desist letter out to the creditors now to avoid calls and work and such. Is there some changes I can make the the one I found on here?
 

asked Dec 21, 2005 03:33 PM

Cow & Chicken
Best Answer
1
best answer

msmishele30

Don't worry. Everything will be fine. As you have some payday loans coming out this Friday, inform your bank about this situation. If you talk to them, they might arrange something so that you don't have to pay any fees when the loan companies hit your account.

I know it's very painful when companies make phone calls in the workplace. But, that's the way companies are used of doing such things. Attend the calls and explain everything very clearly. Don't let anyone else say on your behalf.

If they still call, send a letter mentioning the point that you are making the payments towards the account. So, there is no need to call you further. Handle this situation strongly. You are not doing anything wrong for which you should get worried.

Many others have gone through this situation and they have been successful in stopping the calls. I am sure you will also be able to take care of it.

Keep in touch. Don't be sad. It's time for celebrations and you should enjoy it nicely. Don't get disturbed during this time. Welcome the New Year with a smile in your face. icon_biggrin.gif

Regards
Roxette

answered Dec 22, 2005 11:43 AM

7 Answers

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Hi

As per the Fair Debt Collection Practices Act Section 805, the cease and desist letter has great legal importance and the collection agencies are bound to follow it. However, this law does not apply to the original creditors. But, after you have placed the request of not to be called, most of them will be willing to honor it.

It might be possible that the original creditor will place some calls at the beginning. But, once they receive payments from your consolidation company regularly, they will stop calling you. Also, insist the consultant to let your creditors know about this program.

Regards
Roxette

answered Dec 21, 2005 03:44 PM

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Thanks Roxette, can I just write them and let them know to contact the consolidation company. They are informing the creditors of this as well but they thought it might be helpful to avoid so many harassing phone calls. I'm just trying to protect myself at work, as well as my references. Is there something to protect me since they've been placed with the consolidation company?

answered Dec 21, 2005 05:03 PM

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msmishele30

Once the payday lenders receive money from the consolidation company, they will stop calling you. Maybe, it will take a couple of months for them to stop the calls after receiving money. But you should inform them to discuss anything on this matter with your consultant. Ask your consultant also to take care of this matter.

You can send a C&D letter to the creditor and inform the situation. Although, they are not bound to follow the fdcpa completely, but they might honor your request after you send it. Send your letter certified with return receipt requested.

Regards
Roxette

answered Dec 22, 2005 10:41 AM

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Roxette,

I talked my consolidation company this morning. They told me they are in the process of mailing letters to the creditors themselves to let them know about the situation. It would be better if I held off with any correspondence with the payday lenders at this point. I would be defeating my own purpose. If I do get harrasing phone calls, then I should send them the letter via certified mail. I'm just very worried about them calling me at work or calling my references. I've let my references know about the situation and to let me know if they call them. I've heard so many horror stories, I'm not sure what's going to happy. Some payday loans are coming out this Friday but my account is now closed. It should be a few days before the lenders find out. The majority are due next Friday. Hopefully, they will receive the letter from the consolidation company by them. They said there wouldn't be a problem working with my lenders though. They do it every day.

answered Dec 22, 2005 11:21 AM

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Thanks Roxette. It's just been going on so long. I've been worried about this for so long. It's seems to be part of my life. I'm grateful to have found this forum and to have found that others are going through the same type of thing. I'm glad that there is a company like Town & Country who deals with these places. I did close my bank account today. I think it's better in cases these places try another tactic to get the money out. I did let the bank know the situation. I know that I've done all I can do for now. I know that there is finally a light at the end of the tunnel. I should just focus on that. Thank you for your kind words.

answered Dec 22, 2005 11:55 AM

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Very well put Roxette. icon_biggrin.gif msmishele30, enjoy your holiday and bring in the new year knowing that you are in control. icon_biggrin.gif

answered Dec 22, 2005 11:58 AM

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Hi mom of twins

Good to hear from you motivating msmishele30 as well as others here. We all are together in building this community and we know that we can put a strong fight against these illegal companies. Great work from you. icon_biggrin.gif

answered Dec 22, 2005 12:12 PM

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