I have read in the past that you can fax a "Cease and Desist" letter to a collection agency and that they then are no longer allowed to call your home, but must rather contact you only in writing. First of all is this true? If so, does this arrangement also preclude *you* from calling *them* on the phone? And can anyone help me with the wording of such a letter? I'd really, really, really, really appreciate any responses.
Check the letter section here: http://consumers.creditnet.com/straighttalk/board/forumdisplay.php?s=&forumid=25 There is 4 different cease and desist letters there.
Thanks for that link! Now, is it okay to edit these to just say not to contact by phone, but in writing is okay? Or do you have to totally assert that you will deal only with the original creditor and the collection agency has to stop all contact?
By the way, here is why I am asking these questions, in case anyone has any further advice on the situation: This is not for me; it is for my Mom. She is very ill and has just been released from the hospital, and while she was hospitalized her AmEx got to 90 days late and they've turned it over to two separate collection agencies (one has her Green Card account and one has her Gold Card account). They have just started to call her within the last few days. I have been trying to take care of all of Mom's financial matters for the last couple of weeks. Prior to that, my Dad had been ignoring everything that didn't have his name on it, but that's another story. I'm trying to help her with this now. What I want to achieve is this: get the collection agencies to stop calling her house RIGHT NOW. Then, once that is achieved, I'd like to get them to deal with me on her behalf. She'd write a letter or whatever they might need in order to speak to me; that's no problem. I don't really want to deal with the original creditor on the matter (AmEx) because they *absolutely* won't talk to me unless I have power of attorney (I tried talking to them a couple of weeks ago when I took this mess over). Even written permission from her will not suffice with them. My hope is that if I can get the collection agency to deal with me with just a permission letter and not actual power of attorney, I can get this dealt with and make payment arrangements on her behalf. If they won't deal with me, I can at least get them to contact Mom only by mail per a Cease and Desist letter, and then I can just go over her mail and write letters for arrangements, which she can sign. I don't think I can demand contact in writing only (no phone calls) if I deal with AmEx as the original creditor. For now, until I figure out something, I have got to get the phone calls to stop; they are way too stressful for her. So, who has thoughts?
Also, I need to know if sending a c & d letter by fax is sufficient. I've read that it's legal, but has anyone had experience with a CA ignoring it and pretending they didn't receive it? If anyone can help, please respond ASAP! These places have called my Mom's house four times today already. I had to turn off the ringer on her phone, because until I get some advice I don't feel prepared to speak to them, but I couldn't have her upset by the constant ringing. Maybe I am overreacting, but my nerves are frazzled with taking care of Mom, and the tension of all these phone calls is someting neither of us needs right now.
you can fax the c&d letter and keep copies of the confirmation sheets and mail a copy also (crrrr) or overnight it to them. Does she have any type of credit insurance product with her amex cards payment protection that would kick in?? keep track of all phone callls from ca and I would call amex and pose as "mom" and see what the hay is happening at their end. please remember there are laws regarding harassing communications and people have won damages regarding this subject.
I don't know what insurance she might have on the AmEx card for situations like this. I'd like to call AmEx and find out, but of course they won't talk to me. And yes, I could call and pose as "Mom", but I am a *very* bad liar and I thought perhaps because I'd already called them a couple of weeks ago and tried to finagle them into dealing with me and told them about Mom's hospitalization, that they might be "on to me" if I called again. I know they don't have a crystal ball or anything, and I probably *could* fool them, but I'm afraid they may have made notations in the computer about what I told them re: her condition, and so I'd have to sound like a woman twice my age who is ill and recovering from very recent surgery. I just don't know if I could pull it off. By the way, I did get one of the CA's to agree to deal with me as long as I got a written letter of permission from Mom, so one down and one to go. That second CA has not returned my calls and all I can do is leave voice mail messages. Isn't that odd for a CA? I figured they'd jump on the phone anytime *anyone* returned one of their calls, since usually they have to chase people around and try to catch them. Anyway, if this second CA comes across as uncooperative, I am going to fax that C & D letter in the morning; I already have their fax number. Thanks for the reply!
