I have a question about one part of this sample letter "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." What kind of legal action can a consumer take if a CA places adverse items on a credit report??? Does this letter imply that as soon as it is received by a CA, it does not have the RIGHT TO PLACE ANYTHING ON THE CREDIT REPORT ??? I thought Cease and Desist letters were intended to just STOP CAs from communicating with consumers, and NOT PREVENTING them to place bad items on CRAs please someone clarify this thanks a lot
You can choose all you want to but you really have little choice at all since the creditor has sent the account to a collection agency. Bill Bauer has put a post on collectionindustry.com saying he will not pay any 3rd party debt collector and I think he may just be in a position to make that claim and make it stick. But not everybody can do that. I'm not even sure he can, but I know that he knows how to file lawsuits on attorneys and win them so maybe he can refuse and make it stick. Most debtors don't have that kind of knowledge and are afraid to even go to court. If you don't know how to go to court and win against a seasoned attorney then you will not be able to choose not to work with collection agencies and get away with it. If the creditor sends you to a CA and refuses to talk to you then what can you do but deal with the CA? As long as what they report is the truth then there is nothing you can do to the CA for reporting the truth about you. You can use the methods that are taught here on creditnet and other boards to dispute with the credit bureaus and you might be able to get it removed but you can't do anything to the CA for reporting you to the credit bureaus unless what they report is false or inaccurate. It might imply something like that but it does not affect the right of the CA to report or continue to report That depends on how the cease and desist is worded. Under FDCPA a cease and desist means one thing and under ordinary law it means quite another. FDCPA has it's own definition of Cease and Desist but under ordinary law it is meant to force someone to stop doing that which is illegal for them to do in the first place. You should study the FDCPA version and take it at face value and use it exactly as the law tells you how you are supposed to use it. You can use a cease and desist to stop a CA from calling you at your place of employment if you tell them in writing that your employer does not allow you to receive such phone calls at work for one thing. I would suggest that you study what FDCPA has to say about cease and desist and if you still aren't clear then you might want to go to a law library for further study. There are other ways to use cease and desist too but I recommend that before you even think of sending one you study up on it otherwise it can get you sued. I'm sure you don't want that to happen. I hope I have helped you to understand cease & desist a little better. It is a good tool to use under some circumstances and a very dangerous one in others.
kk, the CA, you didn't really give a good explanation of the cease & desist. saying you will get sued for using a C & D ??? you get sued when you send a cease & desist letter because you give the creditor/CA no other means to communicate is by lawsuit, not strickly BECAUSE you sent a cease & desist letter. you send a LIMITED C & D and you tell the creditor/CA to only contact you via the U.S. postal system. then you can choose whether to open the envelope or not. but get sued because of a C & D letter, not on this planet. you get sued beause of the merits of the case, can they prove their case, how much will they get vs. attorney fees. just as simple as that. kk you are so biased it isn't funny anymore.
That is why I wanted to send that letter, since I believe they would have tough time proving the case and tough time recovering. but at least I could shut them up somehow
Re: Re: Cease and desist sample letter?? Well, if you do not send them a C & D, how long are they going to bug you. I am sure at some point they will either sue or stop bugging. Kay Kay, what are your tactics? After you request a payment and they dont pay, you sue them correct? And again, in your case, the leasing companies probably have a lot of assets to be attached to suing would make sense.
Re: Re: Re: Cease and desist sample letter?? If the sub defaults, and the GC covers, do you report anything negative against the GC to D&B, or whoever?
Re: Re: Re: Re: Cease and desist sample letter?? NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************ 1*I know that Bill Bauer knows how to file lawsuits on attorneys and win them kaykay29 Never read the fine print. There ain't no way you're going to like it. Your BF found that out the hard way didn't he? ============================= 1*I don't think you are the only CA to find that out.
Re: Re: Re: Re: Cease and desist sample letter?? NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************ Most debtors don't have that kind of knowledge and are afraid to even go to court. ======================= another flaw with d fault judgments. Never read the fine print. There ain't no way you're going to like it.
Re: Re: Re: Re: Cease and desist sample letter?? NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************ 1*If you don't know how to go to court and win against a seasoned attorney then you will not be able to choose not to work with collection agencies and get away with it. 2*If the creditor sends you to a CA and refuses to talk to you then what can you do but deal with the CA? ============================ 1*Seems like your bf ran into a consumer who knew how to do it. *also lawyers aren't permitted in small claims courts. 2*Thwy're easier to deal with than an oc so who cares. Never read the fine print. There ain't no way you're going to like it. ****************************************************** NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ******************************************************* >
