C&D Letter - Thoughts?

Discussion in 'Credit Talk' started by darkdoj, Sep 23, 2003.

  1. darkdoj

    darkdoj Well-Known Member

    Joes Collection Agency
    Jofolk, VA 95020



    Dear Scum Bag:

    NOTE: THIS NOTICE IS SPECIFIC IN NATURE AND CONTAINS MANY PARTS. FAILURE TO COMPLY WITH ALL THE TERMS AND CONDITIONS IN THIS LETTER MAY BE CONSTRUDE AS AN VIOLATION OF THE LAW. YOU ARE HEREBY RECOMMENDED TO READ THIS LETTER IN ITS ENTIRETY. THIS LETTER SERVES MULTIPLE PURPOSES.

    This serves as your legal notice under federal law, to cease all communication with me in reference to the above account except by mail only. If you fail to heed this notice, you will be in violation of the law and may be subject to the penalties as the law allows. You are not authorized to contact me by cell phone, pager, E-mail, home or work telephone or by any other outside entity using any of the means listed unless you are specifically authorized by me in writing to do so. Barring any written authorization by me, your only correspondence with me will be through the U.S. Mail.

    This notice is inclusive for your entire company. Internal or external transfer of this account from one office or branch to the next does not void this order. Transferring this account to another office or branch in an attempt to avoid this order is against the law. You are hereby being notified that if you attempt to contact me by any means other than the U.S. mail, regardless of what branch or office is handling this account, you may be held liable for the damages for breaching this order in a court of law.


    If your company attempts or claims that by contacting third parties, you are attempting to use skip-tracing methods or for any other reason to get a hold of me other than by mail sent directly to me, you have broken the law. The address to which correspondence can be sent to is provided above for your records. You may receive additional correspondence from me by mail or fax at anytime following this letter. However that does not invalidate any portion of this letter.

    This letter also serves as your legal notice under federal law that I dispute your debt-collection related allegations, deny the same, and hereby request strict proof and verification in regards to the account you are attempting to collect upon. Please be advised that until strict proof and proper validation is received, you are cannot legally report to or request any further copies of my credit reports in an attempt to continue collection on this account because as of the date list above, you have not already done so. You cannot update or modify any records associated with this account on/and/or to any credit reporting agency except to note that it has been disputed, as required under the law, if the account has already been reported to any credit reporting agencies.

    You are also specifically advised that I dispute the specific amount, contractual obligation and terms of the alleged contract. You are being notified that such is disputed and have been advised as to the specific nature of the disputes made. Please be advised that there are specific requirements for validation that must be met in order to continue collection on this account. Should any portion be omitted, continued collection activity is not allowable under law.

    Also be advised that until I receive validation documents from your company, I am unable to make any other comments as to the nature or status of this alleged account, because I have not been able to review the specifics of the account. I reserve the right to restate my validation and dispute request after such time as I am able to review the documentation that you are required to provide me under law. This letter is neither an admission of the debt, nor a refusal to pay. I am exercising my rights as allowed under the law.

    Sincerely,

    ME
     
  2. lbrown59

    lbrown59 Well-Known Member

    Bumping | C&D Letter - Thoughts?

    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  3. darkdoj

    darkdoj Well-Known Member

    Hey, I thought it was a good letter!
     
  4. DanS

    DanS Well-Known Member

    I found it to be repetitive AND redundant. <grin>

    I would suggest trimming it down to the essentials. I would place validation/dispute first, then C&D.

    I would not use the term "specific amount", it opens the door to another amount being correct. Your stand is/should be, no amount is correct because it's not mine.

    I suggest you write it in your own language, from your point of view OR you quote legal sounding language verbatim. I don't mean to sound harsh, but if you want to give the impression you're well versed in the law your language should reflect exactly that. Simple things like "construed" can be caught in a spell checker but grammar will take more effort. I think you could bring the verbiage down to less than half and make your points.
     
  5. darkdoj

    darkdoj Well-Known Member

    Found it somewhere else and thought it might be helpful for verbage for someone else :>

    But I do agree with your analysis.
     
  6. vghost

    vghost Well-Known Member


    • Even not an expert (yet!) I do like two things about the letter.

      Part 1 - it's long and confusing. The same way they have their "small text" on the back of all applications.

      Part 2 - even if it shows you know your rights, it doesn't contain any references to the specific law, staff opinion letters, etc. Let them spend some time figuring it out - why should you make it easier for them?

      Just my 2 cents :)
     
  7. lbrown59

    lbrown59 Well-Known Member

    Re: Re: C&D Letter - Thoughts?

    YOUR 2 CENTS AIN'T WORTH A NICKEL
     
  8. vghost

    vghost Well-Known Member

    Re: Re: Re: C&D Letter - Thoughts?

    • Arguments, please ...
     
  9. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: C&D Letter - Thoughts?

    quote:
    --------------------------------------------------------------------------------
    Originally posted by vghost


    Just my 2 cents :)

    quote:
    --------------------------------------------------------------------------------
    Originally posted by lbrown59
    YOUR 2 CENTS AIN'T WORTH A NICKEL
     
  10. vghost

    vghost Well-Known Member

    Re: Re: Re: Re: Re: C&D Letter - Thoughts?

    • Well, I gotta admit - you are right. About the nickel ... :)

      Now, about the letter, if I'm wrong - tell me why. I would really like to know.
     

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