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Cease & Desist - can I fax it?


AliceDodd
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I'm getting daily multiple calls from Zwicker and Associates PC in Mass, about a student loan. I want to send a cease and desist, but they've never sent me mail, so I'm not sure they have my address, and I don't want to give it to them if they don't already have it. Can I fax a cease and desist letter with just my name and phone number on it? I don't have any account numbers or anything like that either, and don't want to be having discussions with them or giving them any info, which they require before telling you anything about the account.

This is a private student loan (Teri, I think), defaulted in 1993 after I lost my home in an earthquake. I use electronic faxing, which gives me proof of what was faxed and what number it was faxed to.

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In my opinion-they probably already have your address if they have your telephone number. I'll let others weigh in on that.

Is this item showing up on your credit reports? If you have not already done so I would pull them and check. If it is there you will have all the information you need to send a hard copy, limited C&D to get the phone to stop ringing.

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Just tell them to go pound sand then and to stop calling on an uncollectible debt. If they keep talking tell them to either send you written information regarding the aleged debt or stop calling. They are harrasing you and without sufficient information you cant respond anyway.

If they keep it up ask the collector for his phone number so you can call his house and demand money without proving that he even owes it to you. Hang up. Repeat as necessary!

:lol:

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I actually emailed TERI last summer about the SOL issue...this was their response.

Hello,

There is no statutue of limitations on collecting our loans because they are guaranteed by a non-profit agency. Information regarding loans going into default and repayment of those loans is covered extensively in the promissory note that is sent to borrowers under sections E and I. Any borrower who has questions in regards to this should refer to those two sections of the promissory note.

If you have any further questions, please feel free to contact us directly.

Sincerely,

Customer Service

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Are you absolutely certain this is not a federal student loan (or some kind of loan that is not subject to the normal SOL)?

If there is any question in your mind about the status of this debt and its collectability then I would advise you consult with an attorney before sending a C&D letter.

C&D letters defintly have their place but they leave a collector/creditor no option but to either drop the issue or sue...if this IS a collectable debt and they think they can get any money from you, they would likely respond to a C&D leter with a suite.

So...all that to say...be sure before you send!

Good luck

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I'd fax the letter. I suspect they have your address, I wouldn't worry about it

Student loans are different animals. If yours predates 1993, you might be in luck, as I recall the law and regs changed around that time. There is thought in the community - Lynn, tell me if I am wrong- that FFEL and Direct loans never, ever go away

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I'd fax the letter. I suspect they have your address, I wouldn't worry about it

Student loans are different animals. If yours predates 1993, you might be in luck, as I recall the law and regs changed around that time. There is thought in the community - Lynn, tell me if I am wrong- that FFEL and Direct loans never, ever go away

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Zwicker is a known collector for TERI and PHEAA, private lenders, which aren't covered by the same laws for SOL, although they are covered under the bankruptcy laws for studen loans. While Lynn states that TERI states there is no SOL for their loans, they did not provide any citations that support their claim, and there is absolutely no caselaw on it. I suspect that they either don't sue, or if they do and lose, they don't appeal because they don't want it publicized.

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I believe TERI and PHEAA now do both federal and private student loans.

But back in 1993, they only did private loans. And ALL PRIVATE STUDENT LOANS ARE SUBJECT TO THE APPLICABLE SOL. That SOL may be where you currently live, where the contract was signed, or as agreed in the contract. But these loans are NOT exempt from any SOL as are the federal loans.

I have dealt with Zwicker before. They are scum. Send them a demand for validation as well as a cease and desist. If they think they are still within the SOL they will forward the matter to a local atty to file suit against you. But that does not mean they are right. In most cases, the

SOL of the state where you currently reside will prevail but it depends on other issues as well. I have spoken to many TERI borrowers and my experience is that they will sue just before your state's SOL expires.

That leads me to believe they are afraid to litigate any SOL issue beyond your state's SOL. As previously stated, they dont want to set any adverse precedent against them.

A faxed C&D is probably good but a CMRRR letter is much better. Use a PO Box if you think they dont know your current address but they probably already do anyway. Plus it really doesnt matter if they are out

of the SOL. TERI doesnt give up easily so you need to confront them at some point. In most states, 13 years is too long for these loans.

Good luck.

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Thanks Mike. I'm in California, the last loan issued was in 1992. I don't recall what state law was controlling in the contract - I lost my home in an earthquake shortly after graduating, and lost a lot of papers. I've been using call blocking on them, but they keep switching phone numbers.

I've searched findlaw, I can find suits involving TERI, but NONE mentioning sol, I think you're right, the last thing they want is an appellate opinion for people to find that says they're subject do SOL laws.

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Youre welcome. Your loans are about the same age as mine. My TERI notes state that Ohio law applies which has a 15 year SOL for written contracts. However, since you live in Cali, there is caselaw there which could defeat that clause. Cali does not like to be forced to use other state's SOLs on its own residents.

There is a product called Caller ID Manager which supposedly can block hundreds of numbers and even entire area codes. It sells online and at Home Depot for around 100. But a well-written C&D is much cheaper.

I have searched the web for over two years for cases involving TERI and the SOL and found none. My philosophy is that if there is no law which exempts TERI's private loans from an applicable SOL then they are subject to one. The law exempting federal loans from the SOL do not mention private loans (20 USC 1091(a)). TERI does not want this secret to get out so they avoid any litigation where an appellate opinion may come out against them re the SOL.

I was recently contacted by an atty collecting on my TERI loans. I responded with the arguments of discharged in BK and out of SOL.

I got a response which cited caselaw against my BK argument but which completely ignored my SOL argument. That tells me they know they are subject to an SOL. They have nothing left but intimidation at this point.

Good luck.

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That's good to know Mike. I have call blocked them, but they just use a different phone number. They're easy to ignore though, becaue I don't know anyone else in that area code. But they think that if you don't answer, they can call as much as they want.

Actually, I haven't heard from them since I started this thread. Interesting.

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