letter requesting a collection agency to cease and desist contact with you for a debt

[joe80x86]

Ok, I got all my other questions answered in my other thread except this one. In the sample letters area is this letter. Can I send this, must they follow it, anyone had any experience with it? Reason being I have engough money to settle with three Credit Cards but I would rather deal directly than through the CAs they have assigned.

I cut ant pasted the sample letter:

The following is a sample letter requesting a collection agency to cease and desist contact with you for a debt owed.

CEASE and DESIST COLLECTION EFFORTS

Cheatem Collections

123 Fagetaboutit Ave

Chicago, IL

17 April 2000

RE: Account 5145454156

Dear Sir or Madam:

I request that you CEASE and DESIST in your efforts to collect on the above referenced account (SEE letter attached). It is my personal policy not to deal with collection agencies and I will only deal with the original creditor of this account.

You are hereby instructed to cease collection efforts immediately or face legal sanctions under applicable Federal and State law.

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES.

Cordially

Scott Free

[kevin3344]

Yes, according to the FDCPA they must cease communication once they receive notice from you. See section 805© "Communication in connection with debt collection".

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805

________

WASHINGTON MARIJUANA DISPENSARIES

Edited September 9, 2011 by kevin3344

[crystal_roses]

One thing to consider before sending this letter: are your accounts still within your state's SOL? Once the CA's get your letter, they can contact you to either tell you that they aren't going to pursue collection any longer, or to inform you that they are going to sue you for the balance due. Sometimes, especially when the amounts are large, a C&D letter will trigger a lawsuit.

I've only sent C&D letters when the account in question was no longer within the SOL. You might want to contact the OC in question before sending your letter and work out your settlement with them first. It does feel really good to tell the CA's to go pound sand, though!

Good luck!

[Ahntara]

Instead of C&D, simply tell them it is INCONVENIENT to contact you by any other means except US Mail.

[SecretAgentWoman]

Instead of C&D, simply tell them it is INCONVENIENT to contact you by any other means except US Mail.

I don't get the reason for this, since when does the CA care if you've been inconvenienced?

Anyway, I send a "C&D except by mail" and now am getting phone calls daily.

My question: What kind of sanctions in court might they face for violating? Because they don't seem concerned they are calling after receiving *2* C&D letters.

Another question, do you have to tell them C&D ALL communication for it to be binding? Because I told them they could communicate by US mail only.

[Ahntara]

"...I don't see the reason for this..."

If the debt is within SOL, you leave the creditor no other choice (in recovery attempts) EXCEPT to sue you. Sometimes they even sue you post-SOL, since most consumers don't answer lawsuits which results in hundreds of default judgments each week.

"...do you have to tell them C&D ALL COMMUNICATION..."

That's what C&D is. There is no such thing as a 'limited' C&D. If you let them know that phone calls are inconvenient at home and not allowed at work, they still have the US Mail option. It's never a good idea to back a CA into a corner...they tend to come out swinging.

[divemedic]

JMO, I don't think that telling a CA that it it ALWAYS inconvenient to call you is going to hold up in court. If anyone has any decisions that prove me wrong, I would retract that, but I don't really think that falls under the spirit of the statute.

[SecretAgentWoman]

Ok, then I'm to understand...

1. That C&D is all or nothing - you are either communicating with them or not.

2. You have no legal standing to demand a CA never call you, unless you do a C&D so thus...

3. As long as you are still open to communicate with the CA for whatever reason, they can call you legally at home no matter your preferences.

Did I miss anything? Just clarifying the laws in my brain. I was hoping I could force them into mail communication only but it seems you can only request, not demand, and they don't have to acquiesce.

[lookinup]

I don't get the reason for this, since when does the CA care if you've been inconvenienced?

They may not care, but I think it could be a FDCPA violation.

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

I don't know if there's any case law to back this up, but I would think you could say "phone communication is always inconvenient, send me a letter."

[divemedic]

That theory is widely passed around the net, but I really think you will have a hard time convincing a judge of that. I have yet to see a case where that has worked, but I admit that I may be unaware of one.

[nascar]

The Colorado notice is explicit regarding requests to cease telephone calls both at home and at work. It goes on to separately state that consumer can request that collector cease all types of communication. So, if you're in Colorado, hooray for you.

I have read several cases where the court acknowledged knowing that the consumer had requested "written-only" communication (no phone calls). They gave the statement no consideration one way or the other. One opinion stated that 1692c© is designed for the consumer to determine what is inconvenient, not to choose when they may be harrassed. That's an interesting slant.

Anyway, just as it seems true that there is no "partial C&D", conversely, nothing says there isn't. As for me, I use it religiously, and have never had a problem. But then again, I'm not going to run to the courthouse if it doesn't work as intended either.

[retmar]

Divemedic, since that questiion has come up so often in the past, I tell people to just state as "To protect all involved parties, it is requested all further communications be written and sent by U. S. Mail.", or words to that effect. Yes, you could state you refuse to discuss on the phone for whatever reason you want, such as "abusive agent", but, as you, I've never seen a specific statute covering this very matter. I feel this gives fair notice as to your intent to protect everyone.

[dealornodeal]

"...I don't see the reason for this..."

If the debt is within SOL, you leave the creditor no other choice (in recovery attempts) EXCEPT to sue you. Sometimes they even sue you post-SOL, since most consumers don't answer lawsuits which results in hundreds of default judgments each week.

"...do you have to tell them C&D ALL COMMUNICATION..."

That's what C&D is. There is no such thing as a 'limited' C&D. If you let them know that phone calls are inconvenient at home and not allowed at work, they still have the US Mail option. It's never a good idea to back a CA into a corner...they tend to come out swinging.

Sorry can you tell me what SOL means I am not familiar with the lingo yet

[qtptute]

I don't get the reason for this, since when does the CA care if you've been inconvenienced?

Anyway, I send a "C&D except by mail" and now am getting phone calls daily.

My question: What kind of sanctions in court might they face for violating? Because they don't seem concerned they are calling after receiving *2* C&D letters.

Another question, do you have to tell them C&D ALL communication for it to be binding? Because I told them they could communicate by US mail only.

C&D is all or nothing.

But if you have told them previously, as you stated that you did, not to call you, and they are, then they are breaking the law. 15 USC 1692c(a)(3) and 15 USC 1692c©.

You may be entitled up to $1,000.00, which is the maximum damages you can recover from the FDCPA. It is not per incident either. Then you could be entitled punitive damages, if they are calling and abusing you, family, etc.

You can talk to a consumer protection attorney in your area by going to www.naca.net, which is the National Association for Consmer Advocates. Most consumer protection attorneys charge little to no fee to take you case. The reason is because the FDCPA is a fee shifting statue, which means that the bad guy, the debt colector inthis case, would have to pay your attorneys fees, if you win.

Hope this helps.

[qtptute]

Sorry can you tell me what SOL means I am not familiar with the lingo yet

Statute of Limitations. In FDCPA it is one year from the first letter you received.

[retmar]

If you sent the C&D's by CMRR and have your proof of delivery, the CA is in violation, and, as posted, liable to you for up to $1000, plus, any other amount found fair and just.

Sit down and write what you recall from each call as to date, time, name of rep, and main points of conversations, or messages, whichever applies. Use your phone to obtain the number, or "unknown", whichever applies. Also make copies of your letters as well as the green card, and receipt of mailing, as you will include them. Then send this CA an "Intent To Sue" letter that clearly explains the violations and that, if they do not close, delete, guarantee to not sell, transfer, or reassign, and go eat maggot droppings, you will name them as a defendant in a court in your county. Send it CMRR and give them 10 days from receipt of letter to respond, in writing, of their intent.