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Cease & desist

Discussion in 'Credit Talk' started by tandafire, Feb 28, 2003.

  1. Feb 28, 2003 #1
    tandafire

    tandafire Active Member

    I have an account that has gone to chargeoff. Subsequently, I have been contacted by a collection agency for the amount due, but I am still attempting to work it out with the creditor. Can I still send a cease & desist letter to the collector even though the original creditor has written me as a chargeoff??
     
  3. Feb 28, 2003 #2
    lakpr

    lakpr Well-Known Member

    You can, but you might be inviting a law suit -- that seems to be the consensus of the past discussions on this board, as far as I can gather.

    Equally effective tactic might be to ask validation from the collector; he cannot contact you until such validation is produced, since contacting you can be construed as continued collection activity.

    These are just my opinions, veterans correct me if I'm wrong.

    -- lakpr
    :)
     
  4. Feb 28, 2003 #3
    tandafire

    tandafire Active Member

    Yipes! Thanks for your reply. Lawsuit is definitely not a good word. If I sent a validation letter, that would not put me in the position of a lawsuit?

    My problem is that I sent the payment, yet amazingly no one has record of it being received. The number I have to Citibank's Internal Recovery Service is constantly busy and the general customer service number can't put me through.

    Would the validation letter be my best plan of action?
     
  5. Feb 28, 2003 #4
    jlynn

    jlynn Well-Known Member

    Validation puts the CA in the position of digging up proof the debt is yours from the OC. It can buy you some time while you try and settle with the OC if thought is what you want to do.
     
  6. Feb 28, 2003 #5
    tandafire

    tandafire Active Member

    That's exactly what I would like to do. Thanks for your input, the validation letter is going out this afternoon.
     
  7. Mar 9, 2003 #6
    lbrown59

    lbrown59 Well-Known Member

    1*So, question 1: I do have the right to ask them to cease all phone communicae do I not? What happens if they don't?
    2*Question 2: They have to answer my request for validation, do they not?
    3*What do I do now?
    4*I'm afraid they'll put an immediate lawsuit on me or something.
    5*Am I just letting them do what they're supposed to do and scare me?

    tandafire
    ------------------------


    1*It's a 1000 Violation per call
    2*No they DON"T.
    3*Send the estoppell after their 30 days are up.
    4*And what do you think they will do if you don't do nything? Just forget about?
    5*could be.
    The END ************************* LB 59
     

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