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Question about C&D Orders

Discussion in 'Credit Talk' started by Flyingifr, Mar 8, 2003.

  1. Mar 8, 2003 #1
    Flyingifr

    Flyingifr Well-Known Member

    Creditor sends account to Collection Agency A. CA A recieves C & D letter from debtor, sends account back to creditor. Creditor sends account to CA B. Does the C & D letter sent to A also bind CA B, or does CA B have to get their own C & D Letter? Any case law or Regs on this?
     
  3. Mar 8, 2003 #2
    bigmon

    bigmon Well-Known Member

    I've been told that each CA has to have their own.
    The idea is that after it gets sent back to the OC a few times they give up. Not always, but some cave in.

    C&D allows them the right to contact you one more time to let you know they're intentions.

    Every time I send a C&D I get one last offer for 50% settlement before they send it back to the OC.
     
  4. Mar 8, 2003 #3
    bbauer

    bbauer Banned

    That is correct.[/quote]The idea is that after it gets sent back to the OC a few times they give up.[/quote]OK. Not always, but some cave in.[/quote]So in your experience what has happened in the "not always" cases?
    That is correct and it has always been my understanding that they have just two choices, A. Sue you or B. throw up their hands and forget about it. I was not aware that the law allows them any other alternative. That is why I am so surprised by what you are saying.
    Seems to me you have been one awfully lucky person.

    I'm glad to see your comments above. Interesting indeed.
     
  5. Mar 8, 2003 #4
    jlynn

    jlynn Well-Known Member

    (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

    (1) to advise the consumer that the debt collector's further efforts are being terminated;

    back to the OC

    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
    We're just going to leave you in purgatory

    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

    See ya in court!
     
  6. Mar 8, 2003 #5
    bbauer

    bbauer Banned

    Ok, Jlynn. Thanks. Corrects my thinking just a bit.

    I will have to remember your post in the future.

    I still would hate to recommend to anyone that they use C & D without some modifications for fear such advice would be more likely to get them a law suit than anything else.

    Just my personal fears, not saying that the other poster is wrong by any stretch of the imagination.

    thanks again.
     

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