need advice on cease and desist letter

finsfan13, be careful. They may take the payments you are sending and apply them to "fees" leaving the balance unpaid. Make sure that they understand what you are doing and that they have agreed to it. Get it in writing if you can. They will call you at work if they can't get you at home (some of them, even if they can). Sending them a letter is a good idea, and you should word it that they should "cease and desist all telephone contact." State that all contact should be in the form of written correspondence from here on. If they violate that, you can report them to your state attorney general's office.

Hi!! welcome to the forum! I will try to help you the best I can, as this is something I have been through and just had a 'situation' with this.
I hit a financial train wreck about a year ago. It actually happened long before that but took a year to actually hit and for me to feel it. It hit hard. Like you, my phone was ringing OFF the hook. I went out and purchased a phone that you could turn the ringer off so I wouldn't have to hear it, that's how bad it had gotten. I then sent everyone letters---original creditors and collection agencies telling them to please DO NOT CALL my home or job anymore but to use written correspondence only. NO PHONE CALLS. I do not discuss business over the phone. I explained to them that I was not cutting off all communications with them but just the phone calls and that their letters through USPS were still welcome. I never used the words "cease and desist".

If you say 'cease and desist' in your letters, they will not contact you AT ALL and you are stopping them from communicating with you altogether. They can't even send you a letter if you use that term. The only time you will hear from them again (after using that term), is when they send a sheriff to your door with a summons. They are allowed to let you know that they're going to sue you if they plan to sue you. So, in my opinion, in my situation, a 'cease and desist' is not a good idea. You are forcing their hands that way.

Now if you do what I did, and tell them written correspondence ONLY, NO MORE PHONE CALLS. well, thats tricky too. I just recently found out that some of my creditors won't and haven't responded to me due to putting a 'cease and desist' on my account. They used it against me. EVen though I said written correspondence was still welcomed, just no phone calls...they still wrote it up as cease and desist. While I have some that are 'playing this game', I have another one that totally ignores my 'do not call' demand and calls every day regardless. so I'm guessing it all depends on the company and how they choose to handle it.

Hopefully in your case, they will not choose to sue you since you are making payments and trying to take care of your business. So if you say written correspondence ONLY no more phone calls, and they choose to turn it into a 'cease and desist', then no harm should be done. As I said, just word it the way I told you...written correspondence ONLY, no phone calls please. Hope I have helped and not confused you. Shirley

Use the letter given in the link to apply the cease and desist clause mentioned in the fdcpa.

http://forums.debtcc.com/template-cdletter.html

You can tailor this letter as per your specific situation mentioning the following points:

• You are making the payments that have been set.
  
• You do not want to be contacted at your place of work or your home
  
• If there is anything that needs to be informed to you, it should be done through MAIL only.
  

thanks, everyone. This really helps a lot. Hopefully things will go smoothly, since I am making the payments and it's still with the payday loan company.

You can expect a payday loan company replying you with a contrary explanation as they are not bounded by the fdcpa law. But the thing that is important here is making them aware of their actions. Your main concern is to stop them from calling you especially when you are making the payments regularly.

At our office, we encourage debtor's to send a cease and desist letter. It saves us money by not calling or sending our dunning letters to contact a debtor.

It is VERY useful.

Keep sending them!

I thought cease and desist letters do not apply to the original creditor, since you signed a contract with them. Aren't payday loan companies considered to be the original creditor?

Quote:

fdcpa specifically mentions that the collection agencies are required to follow the guidelines of the cease and desist letter. You have the legal rights to file lawsuits against the collectors on each violation. Creditors are not bound by the laws but you can notify your intentions. In most cases, creditors honor the cease and desist rule.

Dear Consumer,

You seem like an honest person who wants to pay your bills. You should contact an attorney to find out what your rights are. Perhaps you have some legitimate legal defense to the alleged debt.
I happen to be an attorney and I would be glad to talk to you if I can help.

Vicki Piontek ,Esquire(877) 737-8617

i hate SPAM in the afternoon too.

Gee, Paul...looks like you hate Spam-a-lot!!! ROFL!