Okay here's the deal. I sent a CA a cease and desist letter. I sent it CRRR. It was for an NSF check. I just found out today that they still have the check and they still show I owe them money!!!! So when I tried to write a check at a local store it was declined. The check that was sent to the CA has long been paid and I have the bank money order to prove it. The money order was cashed on 09/26/03. I spoke with the CA today and they said all the cease and desist letter does is stop them from contacting me about the collection. I thought with a cease and desist letter, they had to send the debt back to the original creditor!!! Can someone please explain what a CA has to do after they get a cease and desist letter and what part of the FDCPA backs it up???
the CA is right. All a C&D does is stop them from contacting you in certain ways. It does not stop them from attempting to collect.
AtlantaGA is correct. That is why we recommend a limited cease and desist, which tells them to contact you only in writing, not by phone. When you send them a full cease and desist, you are basically telling them that the only option left is to sue you. Even with a C&D, they are allowed to file suit. That's why you allow them to contact you in writing. You may want to send them an amended letter saying contact in writing only so you can work with them and get this cleared up.
So what do I do now that I have paid the OC? I have proof of the payment? Then if it only means they can't call you anymore, then why do almost all of the cease and desist letters I have read state that they can't report it on your credit report.
Re: Re: Help!!! I Need An Expert!! You are still going to have to communicate with either the CA or the OC to straighten this out. I
I would send proof of payment to the CA and the OC and demand they fix it. Not doing so would violated the FDCPA and the FCRA.
Re: Re: Help!!! I Need An Expert!! I understand that much but what do I tell them? I didn't pay the fees to the OC that the CA charged for the check. Does this change anything? Can the CA still charge me the fees?
Re: Re: Help!!! I Need An Expert!! First, I'd send a validation letter to the CA. They're supposed to validate the debt with the OC. They should find out it's no longer valid and delete it. If they find out it's not valid and don't delete their entry, they are reporting what they then know to be inaccurate information. A cease & desist shouldn't mention deleting the tradeline. Some people add the cease & desist language in their validation. They state that if the debt isn't valid it must be deleted and also ask that future correspondence be only in writing. That's why it's important to read about the use of the letters, not just find a letter and send it. You need to understand why you're sending that particular letter and how it applies in your case. In most cases, the letters should be modified to fit your circumstances.
Re: Re: Re: Help!!! I Need An Expert!! My letter didn't state anything about deleting the tradeline. I never said it did.
Re: Re: Re: Help!!! I Need An Expert!! I would just do what Hedwig said and dispute the debt with the CA. They need to validate the debt or delete the TL, plain and simple. I would not worry about the fees right now. Let them send that info in the debt validation. If they don't send it, they will surely walk into a violation or 2, and then you have $1000 or $2000 in fines and an ITS to use as leverage. I am sure the fees are WAY under this amount, so you'll probably get deletion.
Re: Re: Help!!! I Need An Expert!! I paid the Original Creditor a couple weeks after I got the notice from the collection agency. I sent the cease and desist letter the same day I paid the OC. It is not listed on my credit report. So how would the validation work?? They would just send me a copy of the check they have. I just don't want to get a letter saying they are putting a judgement against me for the fees. What good dose it do to even send a cease and desist if all the CA does is not call you but still say you owe them the money.
Re: Re: Re: Help!!! I Need An Expert!! No apparently not Jodi. The OC sent it to CA and CA noticed Yummy. 2 weeks later she paid the OC. Call the OC and make sure they; a) Have it listed as paid, and; b) Will withdraw the account as "reported in error:. This triggers an automatic deletion (if apploicabel). Be nice and sweet. Bat your eye lashes over the phone. .
Re: Re: Re: Help!!! I Need An Expert!! I just talked to the OC and he said he told the CA that I paid him. I don't know what to do about the fees they say I owe now.
