I'm getting ready to send cease and desist letters to a couple of new collection accounts. This is my first communication with them. I was wondering, could not allowing them to call me stir them up and get me sued?
yes a better choice would be a dispute/validation letter, in which, among other things you tell them to only contact you by writing. If you ask them to cease and desist from communicating with them, you don't leave them many options.
Below is the one I got from the sample letter section. How should I alter this letter? It sounds real good to me but it may push them into exercising other alternatives. Dear Sir/Madame: This will serve as your legal notice under federal law, "The Fair Debt Collection Practices Act," to cease all communication with me in reference to the above account. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission responsible for enforcement, the state Attorney Generalâ??s Office, as well as the American Collectorâ??s Association which monitors for noncompliance. I choose not to work with collection agencies under any circumstances, and will contact the original creditor to resolve this matter directly with them. Should any adverse items be placed on my credit report as a result of this notice I will be forced to seek legal action against you and your client.
Rather than alter this one, look in the sample letter forum for the letters entitled debt validation.
Re: Re: A Hornets Nest Is the one I attached below the right one? It sounds very similar to the Cease and Desist. I want them to stop calling, so would it hurt to request that in the same letter? ---------------------------------------------------------- This is a request for debt validation from a creditor or credit bureau. Send as certified mail, return receipt requested. «Your Name» «Address1» «Address2» «City», «State» «Zip» «Company» «Address1» «Address2» «City», «State» «Zip» «Date» RE: Account #_________/Original Creditorâ??s Name Dear Sir/Madame: Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form. Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees. Sincerely, «Signature» «Your Name» - - - Include the following on a separate sheet of paper - - - CREDITOR DISCLOSURE STATEMENT Name and Address of Collector (assignee): _________________________ Name and Address of Debtor: ____________________________________ Account Number(s): ____________________________________________ What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms. Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO Has the purported balanced of this account been used in any tax deduction claim? YES/NO Please list the particular products or services sold by the collector to the debtor and the dollar amount of each: Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action. ________________________________ Authorized signature for Collector __/__/__ Date Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts. ___________________ pbm | Administrator
Re: Re: A Hornets Nest Thats the letter. Do not tell them to stop contacting you--thats Cease and Desist. Tell them to contact you only in writing.
Re: Re: Re: A Hornets Nest I'm getting ready to send cease and desist letters to a couple of new collection accounts. This is my first communication with them. I was wondering, could not allowing them to call me stir them up and get me sued? drdeleto ================= There these letters Validation estoppel ITS C&D How did you pick the C&D to start with? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
My thinking was just to stop the CA's calls while I work to get CRA to remove the tradelines. Next I was planning to have the CA validate. Is there any harm in asking them to reply in writing only or might this cause them to up the ante? Shouldn't I first work on the CRA's? I thought time was my friend when it comes to validation? These account are just going into charge-off status.
Re: Re: A Hornets Nest 1*Is there any harm in asking them to reply in writing only or might this cause them to up the ante? 2*Shouldn't I first work on the CRA's? Next I was planning to have the CA validate. drdeleto ================= 1*most likely it wouldn't but it could. Here is why I prefer not to prohibit them from calling me. I sent NCO a validation letter. After it was received by them they called me 4 times demanding payment and sent me 2 collection letters for a total of 6 violations. Had I told them not to call me and had they complied I would only have them on 2 violations I.E. the 2 collection letters. I will take all the calls they want to make at $1000.oo per call. 2*This is bassackerds. If you start with the CRA first and it gets removed from your report the CA can still hound you with collection efforts. Also if you dispute with the CRA and the CA verifies and it remains where does that leave you? So you are going to have to make the CA validate anyway. You could also miss the opportunity to get them on the not listing as in dispute violation. Going to the CRA first also tips the CA off to be on the alert about your effort to fight them. Why not do things in the proper sequence as it works better? a*Send the validation letter to the CA CRRR b*after you get the Gr. Cd. back then you dispute with the CRA. If the CA verifies with the CRA but does not note the account as in dispute you have the CA on your first $1000 violation. Also if you get any collection calls and or letters before they validate each of these are additional 1000 dollar violations. THE END ** *** ** LB 59 """""""""```~~~```'""""""""""""""""""```~~~```'"""""""""
Re: Re: Re: A Hornets Nest Makes sense. Thank you. Actually, the calls aren't that bad since I found a way to make it a positive experience. I have a talking caller ID that I can assign a short recording to each number that calls. Now when the CA's call I have it automatically play an affirmation or a reminder of what I need to do.
