Thread: Can I send A cease/desist for this?

I am currently over-limit with Merrick Bank by 400.00.CURRENT on payments but over-limit due to a huge mess that I got myself into last year.(IT WAS 850.00 OVER). Problem is that 5-10 times per day merrick calls to let me know that I am over my CL. Keep in mind payments are current(not one day late!)and have been for 7 months. Funny thing is when I was nearly 900.00 over,I never heard a word from them. I also do not hvae the 400.00 at this point to put me under and I tell them this each time and they reply with the promise of contiuned calls until it is under limit. I figure by Oct.-Nov. ,on the payment schd I am on(more than minimum payment being made) I will be back down.I have told them this and my account is CURRENT. They are driving me ape@#%#. Can I write a cease and desist letter about this,and advise them to only contact me through mail regarding this matter? I understand If I miss a payment that they have every reason to hound me,but this one seems a little petty to me? Janet

Sure, you can send it. No, they don't have to listen to it.

You entered into a contract with them. You violated the terms of that contract by going over the limit. Right now, they could close your account and demand immediate payment in full. Apparently, they're being nice to you by not expecting the entire over-the-limit balance immediately.

If you don't want to ruin your relationship with them, you probably want to be nice to them.

If your finances are so tight that you cannot pay down $450 any faster, you might want to consider temporarily getting rid of other bills until you pay off the $450. (internet access, cellular phone, cable tv, etc)

I have already closed the account.

Originally posted by janritch
I have already closed the account.

Well, then they could turn it over to a collector, or sue you for the balance due. They could also put some pretty negative stuff on your credit report.

The obvious solution is to pay them off as soon as possible. Do whatever it takes, within reason. Don't borrow the money... just look for ways to cut back on your expenses.

Originally posted by janritch
Problem is that 5-10 times per day merrick calls to let me know that I am over my CL.

Then get a copy of the telephone company's logs to prove this and sue them for civil harassment. I cannot believe any Judge in the country would let them get away with this.

They are driving me ape@#%#.

Then start seeinga Psychiatrist about this, and tell the good doctor how you can't sleep, can't get any sex, can't concentrate on your work. Build up your damages and sue Merrick Bank.

Can I write a cease and desist letter about this,and advise them to only contact me through mail regarding this matter? I understand If I miss a payment that they have every reason to hound me,but this one seems a little petty to me? Janet

You can. but they are not bound by it. FDCPA doesn't apply to Original Creditors.