Jump to content

CA sent me a letter after I sent them a C&D


Recommended Posts

A CA sent me a letter dated November 1st, one week after I sent the following letter:

October 26, 2007

RE: Account 1120066000085XXXX

Dear Sir or Madam:

I request that you CEASE and DESIST all telephone calls in your efforts to collect on the above referenced account. It is my personal policy not to deal with collection agencies over the phone and will only deal in writing.

That being said, I will pay you $100 for you to remove your listing from all consumer reporting agencies including but not limited to Equifax, Transunion, and Experian. If you do not accept my offer please CEASE and DESIST all communications from me.

The letter that they sent me on 11-1 says:


------------------FINAL NOTICE-----------------

Your credit is an important asset. Did you know that unsatisfactory credit ratings can.....

-Prevent you from buying a new home?

-Prevent you from opening new charge accounts or increasing limits?

-Prevent you from getting a job?

-Cause credit cards to be canceled?

-Cause insurance to be canceled?

---------------------THIS IS YOUR FINAL NOTICE---------------

this is an attempt to collect a debt. Information gained may be used for that purpose.

Would this letter be a violation of the FDCPA? Because in the letter above I told them to C&D all communications if they did not accept my offer. And obviously they are still trying to collect because it said in the letter they sent "this is an attempt to collect a debt" So can I take that as a sign that they accepted my offer??

I appreciate each and every one of you that is involved in these forums, you guys have changed my life.

Even though I just found this site only about 2 weeks ago. So far I have had 3 TL's deleted, one was an old charge off for Discover, and the other was a $5200 collection account from an old Chase Manhattan credit card.

Link to comment
Share on other sites

Although my letter that was sent (CMRRR) to them was dated on Oct 26th; the return receipt shows that they received the letter on Monday, Oct 29th.

And then they sent that letter to me the following Thursday, Nov 1st.

Sounds like a violation to me; can I get some feedback on this?

Link to comment
Share on other sites

The letter of the law states:

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

FDCPA sec. 805c http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

In your shoes, I would hold the letter and see if they made more violations. I would consider this a violation as the letter from the collector does not state any of the 3 points listed.


Link to comment
Share on other sites

First I said that I wanted them to C&D telephone conversations.

But in the last sentence, I said that if they do not accept my offer then C&D all communication with me.

These guys live in the same city as me, they received my mail on Monday, and it looks like they sent out their mail on Friday.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.