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Should I send a cease and desist letter?

Date: Sun, 04/23/2006 - 17:53

Submitted by Mary
on Sun, 04/23/2006 - 17:53

Posts: 1344 Credits: [Donate]

Total Replies: 14


Hi all :)

I sent a dispute letter to Transunion, regarding some "joint" medical bills that my ex never paid. I included a letter signed by him, that stated that he takes responsibility for the bills and that he agrees that they should be removed from my credit report. The letter worked, and 4 of the 6 accounts have been removed (not sure why the other 2 haven't been yet, but I'm sure they will be if 4 were). Anyway, now that the collection agency has been notified of a dispute, I have receieved *10* letters in the last week or so from them, asking for payment! Should I send a cease and desist letter to them, and if I do, should I explain that the accounts have been removed from my credit report and I am no longer responsible, or should I keep it simple? All opinions are welcome! Thanks guys :)

~Mary


Hi Mary,

Is the collection agency contacting you for one of those four accounts that have been removed from your file or for the remaining two? Once the accounts are removed from your file and thereafter the CA tries to contact you for the debt, you can't be held responsible for it unless there are records to prove that you owe it.

Either you can inform the CA with the new address of your ex or you can have a talk with him prior to giving out his address.

If the continue to place the calls at your end, you can send a cease and desist letter due to the fact that you don't owe them anything.


lrhall41

Submitted by david on Mon, 04/24/2006 - 10:32

( Posts: 1229 | Credits: )


So I was brainstorming and I thought of something: is is possible that they ran out of time to validate 4 of the accounts to Transunion, but they got the other 2 validated in time? I don't mind being stuck with 2 of them, especially since they are the smallest ones :D but I am just curious why those ones stuck. I think before I send any letter I am going to wait for a written response from Transunion to see why those accounts are still there.

~Mary


lrhall41

Submitted by Mary on Wed, 04/26/2006 - 15:26

( Posts: 1344 | Credits: )


Speaking of irresponsible exes leaving us holding the bat, I had some success with an old phone bill. I was horrified to find a phone bill, with the account set up in my name, for over $2,000. It was undoubtedly for adult phone entertainment. All I did was call the number provided, which was the collections department of course, and explain the whole thing, and since they keep good records at phone companies, they believed me when I told them I was not responsible. They put the account in his name and began seeking him out for remittance, and I really appreciated their cooperation!

What are the details of this medical bill? Would it be believable to the doctor that this bill was for a treatment of a male patient? Just like my phone bill was obviously for some stupid thing only a dumb shit guy would do?


lrhall41

Submitted by Jedi Mistress Ari on Thu, 04/27/2006 - 19:38

( Posts: 2192 | Credits: )


What exactly is a cease and desist letter? I have only heard the term but have no real idea what it is raelly used for.


lrhall41

Submitted by dortchlord1 on Tue, 05/02/2006 - 21:43

( Posts: 44 | Credits: )


I have heard that there are actually letters that exist that some credit programs use that "regular people" can obtain. These letters are sent to creditors and require them to comply with 20 or more items that they usually don't. When it is discovered that something was not complied with apparently that creditor is able to be removed from one's credit report.


lrhall41

Submitted by dortchlord1 on Tue, 05/02/2006 - 21:54

( Posts: 44 | Credits: )


Hi dortchlord1

A cease and desist letter is written specifically to a collection agency. This is done in order to stop them from making any contacts with you especially over the phone. As per the federal laws, when such a letter is sent to the company, they are obligated to follow your request and stop contacting you. If you have given them room to contact you through mail, they should be doing that only.

Under the fdcpa laws, violation of the cease and desist clause results legal actions and the company can by sue up to $1000 or to the extent of damages.

The link attached has a template of the cease and desist letter. If you do not owe anything and are being contacted by some company, this letter will serve the best for you.


lrhall41

Submitted by john on Wed, 05/03/2006 - 14:21

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Hi Ari - sorry for the late response! Computer took a big dump on me. It is definitely not conceivable that the med bills could be for a male patient - OBGYN stuff...LOL! What is funny is that they deleted 4, and verified 2. I guess maybe the collection agency didn't act fast enough on the first 4? Fine by me, all the expensive ones are gone, the ones that are left are under $100 each! :) I might end up trying to get a hold of the collection agency and explaining...I respect my ex since we have have a child together, but enough is enough, he agreed to take responsibility for the bills, so I guess I can state so to the CA.

~Mary


lrhall41

Submitted by Mary on Wed, 05/03/2006 - 20:58

( Posts: 1344 | Credits: )