Creditors keep calling me. Need a cease and desist letter

Mom of 3

Inform your consultant about the regular calls made by your creditors. As long as they are receiving payments from you through the program, they should not call you. Once the consultant gets in touch with your creditors, he will be able to solve this problem and you won't get any calls from your creditors in the future.

thanks they are still calling on my cell phone. AGGHHH I am going to send them a certified letter. My certified sign receipt will be my copy that they received the letter and must desist in calling me. I hope it will do the trick.

Yes, the CMRRR serial number is a true copy and a valid proof they have received your letter and are bound to stop collection calls as per the fdcpa law.

In all honesty they won't try to find a new number especially if it is unlisted.

thanks Ally I didnt think of that! I am just sick of their threatning. I just hang up on them . If they call back I tell them a thing or two. Thay are just kids that dont know the law. I act stern and tell them acording to and then they shut up.
This forum has been my salvation! Roxette is the brain that I ask all the time for answers.

Mom of 3,

I found this in one of the forums it may help.

Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice a couple entries by your company on my credit reports. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for ???verification??? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What do I need you to provide as the debt validation.
??? What the money you say I owe is for;
??? Explain and show me how you calculated what you say I owe;
??? Provide me with copies of any papers that show I agreed to pay what you say I owe;
??? Provide a verification or copy of any judgment if applicable;
??? Identify the original creditor;
??? Prove the Statute of Limitations has not expired on this account
??? Show me that you are licensed to collect in my state
??? Provide me with your license numbers and Registered Agent
??? Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
??? Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
??? Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
??? Violation of the Fair Credit Reporting Act
??? Violation of the Fair Debt Collection Practices Act
??? Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission

Best Regards,

Your Name Here.


After they have validated the debt, you can negotiate with them for a suitable monthly amount which you will be willing to pay from your end. This is the letter which can be sent to them.



Today's Date

Your Name
Your Address


Attention: {name of collector}
Name of Debt Collection Agency
Address

RE: Your {letter dated} or {phone call on date} reference account #: {place account or reference number here}

Dear Mr. /Ms. {Collector's Name}

According to my records and your {phone call or letter} the balance of this debt is $_____. I am not disputing this debt however; my current financial situation prohibits me from paying the amount you're demanding. I am able to make payments on this account every {insert date of month} to your company in the amount of $ _________.

I would appreciate a call from you confirming your acceptance of my payment terms. However, if I do not hear from you, I will consider your cashing or depositing my check as confirmation that you accept my payment terms. If you do not accept my terms then I expect the enclosed payment to be returned to me immediately in the enclosed self-addressed stamped envelop.

As a show of good faith I've enclosed my first payment in the amount of $________. If my financial situation improves enough for me to increase my payment amount I will contact you immediately. Thank you for understanding.


Sincerely,


Signature
Your Printed Name