would this be a good c&d letter to send

Keep it simple.

You don't need all of that. All you have to say is:

Please be advised that this is my notice to your firm to cease and desist from all further communications to me by any means whatever.

Signed.

Nodeal With Criminals

 

Before one sends a full cease and desist they should be aware of whether the statute of limitations in their jurisdiction has ran for the account type in question. If it has, feel free to send a full cease and desist. If it hasn't, it's a more prudent option to merely request that all future communications be reduced to writing.

Eliminating all communication on a non time barred debt precludes any communication except a Summons.

 

Not quite. They do have the right to send one more communication after receiving a cease & desist and that is to inform the debtor what they intend to do about it.

I really don't like full cease and desist except in certain very limited situations.
I even go so far as to question the use of it in cases where the SOL has clearly ran out on them. One of the reasons is that most consumers reading that advice don't understand what they are going to be forced into in the event that the debt collector ignores their C & D and continues to harass anyway. That happens every once in a while. Some simply don't care because they know that the only remedy the consumer has would be to file a lawsuit on them to enforce the C & D and they know that most consumers aren't going to do that so they are willing to run the risk. In the event they are sued they think they can rely on the inadvertent mistake excuse and even if they lose their O & E or other insurance will cover the loss. Most consumers are scared to death of a lawsuit or even going into a court room whether they are going to win or not. Most will not be able to find an attorney and are not willing to do all the research and learning that it takes to win pro se.

There is another reason I dislike full C & D letters in most (but not all) situations is that there is a much better way to go about it which sets up a deadly trap for the debt collector.

I won't discuss that trap here or the basis for it for two reasons. First of all, it is easily findable in FDCPA for anyone willing to do the research and thinking behind it and secondly because these message boards are loaded with debt collectors looking for every possible trick or trap we might come up with so if a good trap is devised and talked about it will be found by the debt collectors and they will be ready for it and know how to avoid it. They also have several message forums on the net and if a new trap is devised they quickly start publicizing it on their message forums and it is quickly ruined and useless from that point on.

I won't even discuss it in a private email since I'm not trying to sell any magic tips, tricks or paytriot theories and I wouldn't know who sent me the PM trying to find this "magic" trap. Might be a debt collector and I wouldn't know it.

I won't be discussing it on my message board either. As I said, it is easily findable in FDCPA if you know what to look for so it isn't really any big deal but it is very effective.

Even so, if you want to use it and have to enforce it (which you probably would have to do) then you are still going to have to do it by filing a federal lawsuit and the court might possibly end up ruling that you used the trick to deliberately trap the collector into a lawsuit.

Lots of those who try to sue or claim that they sued debt collectors fail to realize that FDCPA was intended to be a shield and not a sword. We aren't supposed to file lawsuits under FDCPA on every little pretext. Plaintiffs don't win every time in Federal court anymore than they do in lower courts although being a plaintiff in federal court is a far more desirable position to be in compared to being a defendant in a local district court.

Some of the advantages of taking them to federal court is that if you are right in federal court you will be talking to a judge who is far more knowlegable about FDCPA than most state court judges are and the debt you owe is not the question before the court and therefore usually has little or nothing to do with the federal case. The question before the court is not whether you owe the debt but whether they broke the law or not. In state court, the question is whether you owe the debt or not.

So when you send a full Cease & Desist you need to be aware that if they choose to ignore your C & D and keep on contacting you anyway you are going to have to sue them to make it stick.