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Harassment- Phone calls and letters


kf74
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Is there by chance a form letter on the forum somewhere that can be used as a "cease and desist" for harassing phone calls and letters?

I have told this entity numerous times that they are not authorized to call anyone other than myself or wife at our home number. And they have acknowledged and noted the account after apologizing.

Two days ago, said entity called my place of work. Today, my father calls me and tells me that they are now calling him. My father says they divulged account details to him.

Although I called the company about an hour ago and grilled them, I want to send a CMRRR letter to back it up.

I was smart enough to make the rep fax me a copy of the system notes he input pertaining to tonight’s call which clearly state not to make contact with anyone other than myself or my wife at our home number.

If I am able to get the past notes on the account and they reflect me having advised them not to call in the past, do I have a case already?

Any help is appreciated...

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You should not have to tell them not to contact third parties- it is already illegal.

So, by the fact that they have made these calls, they have already violated the law?

As far as calling you at work, send a letter that says "My employer does not allow me to accept personal calls at work."

Nothing magic to it.

Would a "Cease and Desist" letter be overkill in this situation or would it reinforce my position in the event they continue to employ these tactics?

Thanks.....

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you can tell them anything you want but you need to do it in writing.. here is the C&D I use.. there are others that are more heavy handed but this is the one I chose.. make sure you work on it a little to sound like YOURS..

do it with a CMRR... they have not broken any law in calling.. or contacting a third party from what I understand they can contact third parties they just can't discuss why they are calling.. but if they did give info to your dad.. the did indeed break the law.

now if you want a validation if this is NOT out of SOL let me know I can send you that too... keep me posted.. here is my C&D..

IF you are not out of SOL the DV would be better.. a C&D may just ask them to respond with a lawsuit since at that point you tie their hands.. with a DV they also can not continue any collection actvitities until they respond.

***********************************

Date

Scumbag collections

101 bottom feeder road

city, state zip

RE: acct number XXXXXXXXX

To Whom It May Concern:

This letter is in response to your Jan 30, 2007 letter concerning the collection of the above referenced.

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws.

I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my Attorney General and with local legal counsel and verified that the Statute of Limitations for enforcing this type of debt through the courts in North Carolina and it has expired.

(I always bold that above part.. if they read NOTHING else I want them to see that)

Therefore, should you decide to pursue this matter I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired. In North Carolina it is illegal to pursue a time barred debt (State Statute § 58-70-115)

This letter is your formal notification that I consider this matter closed and request that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated.

You are also notified that should any adverse information be placed against my credit reports as a result of this notice that appropriate actions will be taken. Please give this very important information the matter of attention it deserves.

Thank you,

Harrassed & annoyed (your name here instead.. lol)

CC. NC Attorney Generals Office / Joe Smith

(I really do have someone at the AG's office but changed his name here... when they get out of hand.. I dont always send a copy to the AG but it has helped in the past)

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