One important fact about cease and desist letter
Date: Fri, 12/16/2005 - 11:09
I wanted to share some information about cease and desist letter so that you are able to cover your bases.
After you send the cease and desist letter, the whole action takes a legal shape. It means that if a company is intending to take a legal action by suing you, as they are not able to collect the debt from you, the cease and desist letter actually favors them to file the suit immediately. That is why, it is very important to keep some alternatives open, like the contacts should be made only through mail. This way, they have ways to inform you about the legal actions.
If you have other alternatives available, like, using an answering machine, you can try with that one first. Record the phone calls if it is permissible in your state. If not, inform the caller before the call is getting recorded. This way, you have not violated the law.
If there is no other alternative, then consider sending a cease and desist letter. Send your letter through certified mail with return receipt requested. You should keep all copies of it in a file. These letters might take a couple of weeks for the collector to take out your number from their automated dialers.
Once they receive your letter, they are legally allowed to make only one time contact to you and the purpose should be to notify you about any legal actions taken against you or any of the other intentions.
Hope this gives you a deeper and better insight..
Regards
Roxette
please note: a cease and desist letter will not make the debt g
please note: a cease and desist letter will not make the debt go away. also, a cease and desist letter is only good for the agency you send it to. a creditor can easily send the debt to another agency and the process starts all over again.
format of the letter
Hi
can anyone give me a format of the cease and desist letter as to how it should be written, I was thinking of writing a cease and desist letter to my CA.
vk
Hi VKWelcome to the forums.Cease and desist letter is a
Hi VK
Welcome to the forums.
Cease and desist letter is a powerful tool that can stop all the collection calls coming at your home or work or even at your cell phone.
Cease and desist letter is in accordance to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c). A sample letter of it has been given below:
[quote] Your Name
Your Address
Collector's Name
Collector's Address
Mr./Ms. Collector,
I am writing in response to your constant phone calls!
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location!
In accordance with the federal fdcpa, now that you have received this "stop calling" letter, you may only contact me to inform me that you:
- are terminating further collection efforts;
- invoking specified remedies which are ordinarily invoked by you or your company; or
- intend to invoke a specified remedy.
Be advised that I am well well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.
Signature
Your Printed Name [/quote]
Source: http://www.fair-debt-collection.com/disputing-collections.html
Send all your correspondences in writing through certified mail with return receipt requested. You will have proof of your actions taken.
Regards
Roxette
FORM LETTERS
It is quite laughable that you would send a letter that was obviously copied from another source. It is also funny that when you send a cease and desist letter to a company that purchased the account. You are referred by the original creditor to contact that same agency to pay it. You should know the difference between a collection agency and a debt buyer.
DC. I have ask companies if they purchased the debt or were try
DC. I have ask companies if they purchased the debt or were trying to collect for the original creditor and they would not tell me. So how do you find out if the company is a collection agency or a debt buyer?
DC There is no point in making an issue about the content fro
DC
There is no point in making an issue about the content from where it has been taken. A content that is legal can be kept in any number of websites and we just don't intend to copy other website's content. We want to make the consumers aware of the legal powers they have that protect them from the illegal debt collection practices.
A cease and desist letter is designed and given a legal shape for some collection agencies that do not conduct their business in legal terms. Are you by any chance, defending them?
Quote:You are referred by the original creditor to contact that
Quote:
You are referred by the original creditor to contact that same agency to pay it. You should know the difference between a collection agency and a debt buyer |
Under the fdcpa there is no distinction between a Collection Agency and Debt Buyer. Sounds like your employeer has sold you a line of crap.
A debt buyer or "Debt Buyer (Owner)" is still considered a "Debt collector", so their status as a "Debt Owner" DOES NOT make them a "Creditor" under the FDCPA. The Distinction under the FDCPA is Between "Creditor" and "Debt Collector", ownership of paper has no legal standing.
See FTC Staff letter at:
http://www.ftc.gov/os/statutes/fdcpa/letters/arbuckle.htm
http://www.ftc.gov/os/statutes/fdcpa/letters/pratt.htm
In addition, I will have to do some research, but I beleive there is also a court ruling to the same effect.
But its alright to send just a 'do not call letter' right? I alw
But its alright to send just a 'do not call letter' right? I always write them and tell them that I DO NOT accept phone calls, that I don't discuss business over the phone and that they can reach me through written correspondence only, USPS only. I feel that this leaves communication open and I explain that I am NOT cutting off communication just asking that it be written correspondence only. I don't send a legal cease and desist letter because I know that cuts off all communication and they can only write then to say that they're going further with legal proceedings. In fact, if thats what they're going to do, then its almost guaranteed at that point. you're pushing the envelope when you do that...which is not what you want to happen unless debt is not yours or if debt hasn't been validated. If they can't validate then they're not going to try to do anything anyways.... just my thoughts here.
With a legal Cease and Desist letter, they are permitted to call
With a legal Cease and Desist letter, they are permitted to call one additional time to inform you of their intentions.
By stating they may continue to contact you in witting, this says you are willing to communicate with them, but only by written correspondence, thus if they choose not to write , they essentially cease communication. Were it to go to court, the fact you left a line of communication open would work in your favor.
Does the cease and desist letter include them having to stop cal
Does the cease and desist letter include them having to stop calling our family members as well? Because even though we have contact with the collection agency, they still call my in-laws daily just because they don't like the payment plan I offered.
Thanks Clay! Quote:Were it to go to court, the fact you left
Thanks Clay!
Quote:
Were it to go to court, the fact you left a line of communication open would work in your favor. |
Quote:
this says you are willing to communicate with them, but only by written correspondence, |
And yet...they still insist on calling my house every day. really REALLY starting to tick me off.
Should I send another letter reminding them that they're breaking the law and lay it all out for them again? I feel that after sending a certified return receipt letter stating all of this to them already, that not only are they breaking the law and infringing on my rights, but its just rude and disrespectful. Until yesterday, its been just this one company calling me every day-7 days a week. They call once a day like clock work. I have talked about them here before. Their name is 'Oxford'. I wrote them asking for validation, they sent photo copy of last six payments made on accounts (2 accounts they're holding). since that wasn't what I was after, I sent yet another validation request along with a do not call, written correspondence only reminder. since then, they've been calling every day. I NEVER pick up the phone, NEVER, yet they continue to call every day knowing that I never answer my phone and disregarding my do not call request.
Even if in their minds, they feel what they sent is proper and legal validation, why didn't they respond again to me when I sent the second validation request and say, well, we sent you blah blah blah...and so on? instead they want to talk to me so bad that they're willing to call my house every day against my wishes instead of writing. why? they'd rather get me on the phone so they can try to bully me? And by the way, these two accounts were originally 'dell finanical's'. thanks, shirley
Shirley, You know that the CA has violated the law by calling
Shirley,
You know that the CA has violated the law by calling you after sending the C&D letter. At this point, you should not send any other letter explaining how they have violated it. You already have the permission to take legal actions if the laws are violated. So, my suggestion to you is to look for one lawyer who specializes in the lawsuits of fdcpa and FCRA violations.
If you write letters and keep explaining things to the collection agencies, they will assume that you are aware of the legal rights but don't want to put it into effect. Now, its time to exercise the legal powers and you should retain an attorney. It's time to sue them up to the extent of the damages.
how long after you send a cease and desist letter certified, and
how long after you send a cease and desist letter certified, and recieve notice that they got it, should you expect them to abide by it and quit calling? I sent out a letter telling them to only contact me by mail...just wondering how long I give them. Thanks.
Hi TMD Once the collection company has received your cease an
Hi TMD
Once the collection company has received your cease and desist letter, they should immediately stop calling you further.
Since your contact information is already with them, they should not place any contact with you after receiving your C&D letter, otherwise it will violate section 805(b)2 of the fdcpa.
Regards
Roxette