I NEED HELP

Hi everyone, what I really need help with is where to find a templete or something for a cease and desist letter I know the debt is valid so I don't need a DV letter just the cease and desist with pertaining to work. I don't mind them calling me at home but I don't need the calls at work. Does anyone have any suggestions on what I need to send to them.

Thanks,
Johnita

johnita, I'm not so sure you can actually enforce a cease and desist letter to the original creditor. I know that you can tell them not to call you at work because you are not permitted to receive personal or business phone calls at work. I'll let someone else answer this, because I'm not quite sure about it. Hang in there!

Oh and, welcome to the forum! :)

Actually, if you are dealing with a LEGAL collection agency, meaning one that follows the fdcpa, all you have to do is verbally tell them not to call you at work. Give them your home number, tell them to call you there, and that you are not allowed to receive personal calls at work. If they honor the FDCPA, they will say "ok, thanks" and call you at home. (Basically, anyway.)

If you still can't get them to stop calling you at work, THEN send them a cease and desist letter and give them your home number to contact you.

Thank you guys so much. I will for sure be telling them I can't receive personal or business calls at work and that they are welcome to call me at home. It's Circuit City credit card that I'm dealing with, I really hope they will honor my request and stop calling me at work.

Thanks again everyone,
Johnita

Johnita.

Welcome to the forums!

Since this is the OC you are dealing with, and not a third party collector, the fdcpa is pretty much useless against them. Except under extremely, extremely rare situations.

What I recommend you do, is check into your particular state's consumer laws. Many states have aggressive laws the actually protect the consumer from harassing and illegal collections methods carried on by the OC's (original creditors). Some actually mirror the FDCPA in what can and cannot be done by OC's in the process of collecting on debts.

Example, I live in Florida. Florida's Fair Consumer Collection Practices Act, pretty much mirrors the FDCPA and applies to the OC's. It even goes so far as to state if there is a conflict/discrepancy between the FDCPA and FCCPA, whichever law more aggressively protects the consumer takes precedence.

I might suggest starting at your state's Attorney General's website and go from there. There may be a phone number there you could call that can give you the information, or direct you to who can. You may even try Google-ing your state's name and "consumer laws", see what kind of hits you get.