Cease and Desist and Debt Validaiton letter.

Go to the Do it yourself section of this forum. You will find samples of different types of letters there.

Get the sample C&D letter at this link

http://www.debtconsolidationcare.com/template-cdletter.html

Tailor it according to your needs so that the debt collector gives a personal attention to your request, rather than thinking that you have copied and pasted the letter available in the internet.

The letter has a legal impact on the collectors. Once they have received your letter, legally, they are restricted from making any contacts to you in the future. They can only contact for once to notify any legal actions taking place.

debt validation letter is put here. http://www.debtconsolidationcare.com/letters/sample6.html

Request for all the info you need in response to your validation letter. Collectors cannot keep calling you unless they have provided you the details. Send the cease and desist request if you don't get any response to your validation request. Sending both requests at the same time can make them understand things in a different way.

Orake,

You said that sending both C&D and Validation letters at the same time "can make them [CA] understand things in a different way."
Could you explain a little more specifically? What do they understand, and is it good or bad for an aggressive CA to do so?

Thanks!
Diva.

hey, egrant396

If you want to post drafts of your letters here before you mail them, I'd be happy to proofread for you. That's not a criticism. I just have far more proofreading/editorial expertise than debt expertise at this point.

As I told Outlaw at one point, I don't want CAs or, god forbid, a judge to have any excuse to not take you seriously. The more polished the letters, the fewer excuses!

Good luck. Please keep us posted.

Best,
Diva

Diva, what I meant is that when you put a cease and desist communication with the CA, you actually ask them not to make any contacts with you in the future. However, they are allowed to make one contact in order to notify any legal actions taking place. If you request for the debt validation at the same time, chances are they may not send you the info because of the C&D communication already requested. In that case, even if they were trying to send something in writing, they won't because of the C&D communication.

My point is if you send one request at a time, debt validation at first, wait for them to send you the details. If they are not sending you anything and keep on calling, cease and desist is the next step. If you are asked to prove your point sometime later, you will show your debt validation request already sent and the company was not able to give you the info. Then, you applied the C&D rule having no other options.

Make sure that you are monitoring your credit report regularly. You don't want to have any collector reporting inaccurate info in your file without legitimate purpose.

Did you get what I was trying to say? Others may think in a different way but if I am to approach, I will like to do things in this way.

Thanks, Orake

That makes _Perfect_ sense. Request validation, wait, and if harassment continues then follow-up with a Cease-and-Desist.

And with the validation request, you can also tell them that you'll communicate about the debt only in writing, correct? Then they still at least have to stop phoning, overandoverandoveragain, and commit things to paper instead.

I think I was confused over a "stop phoning me" C&D vs. a "do not contact me unless you're filing legal proceedings" C&D. I'd definitely include "stop phoning me and communicte only in writing" with a debt validation request.

Maybe "Diva" isn't the best username for me. How about InformationJunkie? DetailAddicted?

Best,
Diva

Can a person be arrested for not paying payday loans I am facing unemployment i have maintained the debts for 2+ years and never late. I have closed my checking account and have appointment to beging Chapter 7 filing do you know if these loans can be included with bankruptcy since it has been 90 days since the initial loan i have just been paying the fees . Thanks

No, you cannot be arrested.
Yes, you can put them in the bankruptcy.