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Here is my C&D letter to a CA, what do you think?


ADAM09
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October 6, 2011

My Name

My Address

CA Name

CA Address

RE: Account #

Dear CA, LLC,

I request that you immediately CEASE and DESIST in your efforts to collect on the above referenced account (see attached). I have requested validation of this debt in accordance with the FDCPA and your office continues to attempt to contact me despite not properly validating the alleged debt. Furthermore, the alleged debt has past the statute of limitations for the state in which I reside.

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.

Sincerely,

My Sig

I will attach a copy of the origional collection notice I received from them

Please give me your opinion. Thanks.

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If you don't mind a little feedback I'd suggest making a couple of subtle changes. I just wrote my own C&D letter and I think part of mine would fit nicely in yours.

You have "I have requested validation of this debt in accordance with the FDCPA and your office continues to attempt to contact me despite not properly validating the alleged debt. Furthermore, the alleged debt has past the statute of limitations for the state in which I reside."

I would change that to read. "I provided you with a timely request to validate this debt in accordance with the FDCPA that you have blatantly refused to provide. You continue to harass me and continue to make repeated efforts to collect this debt despite the fact that you have never provided me with the proper debt validation afforded me by the FDCPA.

The alleged debt you reference in your letter not only remains unvalidated it has even past the statute of limitations in the State of Pennsylvania per 42 Pa. C.S. 5525(a). As such, this letter serves as your formal notification that I will not be making any payments on this alleged debt and that I consider this matter officially closed. I demand that you, and anyone affiliated with your firm, cease and desist all collection activity against me and stop contacting me regarding this or any other matter. Failure to do so will result in my filing suit against you for violating the FDCPA and the Pennsylvania Fair Credit Extension Uniformity Act ("FCEUA") 73 P.S. § 2270.1

Sincerely,

Adam 09

I don't think you need the "give this letter the attention it deserves" line.

Just my .02 cents brother.. do with it what you will.

Edited by Hal Jordan
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If you don't mind a little feedback I'd suggest making a couple of subtle changes. I just wrote my own C&D letter and I think part of mine would fit nicely in yours.

You have "I have requested validation of this debt in accordance with the FDCPA and your office continues to attempt to contact me despite not properly validating the alleged debt. Furthermore, the alleged debt has past the statute of limitations for the state in which I reside."

I would change that to read. "I provided you with a timely request to validate this debt in accordance with the FDCPA that you have blatantly refused to provide. You continue to harass me and continue to make repeated efforts to collect this debt despite the fact that you have never provided me with the proper debt validation afforded me by the FDCPA.

Furthermore, The alleged debt you reference in your letter has past the statute of limitations in the State of Pennsylvania per 42 Pa. C.S. 5525(a). As such, this letter serves as your formal notification that I will not be making any payments on this alleged debt and that I consider this matter officially closed. I demand that you, and anyone affiliated with your firm, cease and desist all collection activity against me and stop contacting me regarding this or any other matter. Failure to do so will result in my filing suit against you for violating the FDCPA and the Pennsylvania Fair Credit Extension Uniformity Act ("FCEUA") 73 P.S. § 2270.1

Sincerely,

Adam 09

I don't think you need the "give this letter the attention it deserves" line.

Just my .02 cents brother.. do with it what you will.

I think I will include you additions, its makes it sound like I really mean business, and I do. Thanks.

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Flying is right

I would just send the summons and no letter.

I still hold to my way of doing a C&D as I learned in law school'

A C&D needs to contain nothing more than what you want them to cease doing.

If you want them to stop completely you can do that in one sentence.

You need not give them any reasons. They do not care about the reasons.

You hold those reasons if they file suit and you use them for affirmative defenses.

Why on earth would you tell someone that may possibly file a suit against you what you may use to defend your self in court. That just gives them more time to figure out the best approach to sue you and they will use anything you tell them to decide what route they want to go to beat you in court.

There is no law that specifically state how you have to write a cease and desists letter. Believe me they know the law on C&D letters, it their choice whether or not to abide by it or not.

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Try this.

Dear Scumbags,

Immediatley cease all contact with me.

Sincerely,

Ticked Consumer

The sincerely is optional. Then proceed to sue them.

6 words is all you need

When do they need to cease? Immediatley

To whom do they cease? You

What kind of contact? all

You've just covered all your bases with a six word letter that will hold up just as much as a two page letter full of case law and the most brilliant legal jargon and terms being thrown around.

All, Immediatley, and Me, are not left for interpertation. Think of any scenerio and see if it would not be covered by that six word letter.

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Thats what I have been trying to tell everyone, one short sentence.

Yes, you can actually do more harm by putting something in writing that might come back to haunt you. In my opinion, if it requires more to say than those six words, it means it needs to be done with a lawsuit.

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Hold it - you DV'd them and they continued trying to collect without Validating? If so my letter to them would begin:

"ATTENTION - YOU ARE BEING SUED... SUMMONS ATTACHED"

I hear what you are saying Flying, the CA says they sent validation but I never received it. I really just want them to go away, I really do not have the time to devote to suing a CA at this time. I have been dealing with them for 5 years and honestly just want them to go away so I can put it behind me.

Flying is right

I would just send the summons and no letter.

I still hold to my way of doing a C&D as I learned in law school'

A C&D needs to contain nothing more than what you want them to cease doing.

If you want them to stop completely you can do that in one sentence.

You need not give them any reasons. They do not care about the reasons.

You hold those reasons if they file suit and you use them for affirmative defenses.

Why on earth would you tell someone that may possibly file a suit against you what you may use to defend your self in court. That just gives them more time to figure out the best approach to sue you and they will use anything you tell them to decide what route they want to go to beat you in court.

There is no law that specifically state how you have to write a cease and desists letter. Believe me they know the law on C&D letters, it their choice whether or not to abide by it or not.

I hear what you are saying also, it makes sense that a CA may take what is in your favor and use it against you. I figured by putting the details in my letter that it would let them know I now my rights and they wuld not be as inclined to proceeding to collect.

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Dear Credit Control, LLC,

I request that you immediately CEASE and DESIST in your efforts to collect on the above referenced account (see attached).

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.

Sincerely,

Is this more like it?

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You are telling them to cease collection efforts not cease communicating with you.

I see where you're coming from Adam as I'm in the exact same spot. I may have a legitimate lawsuit already but I really just want it to go away so I'm just showing them that I'm informed on my rights in an effort to make them go look for easier prey elsewhere.

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You are telling them to cease collection efforts not cease communicating with you.

I see where you're coming from Adam as I'm in the exact same spot. I may have a legitimate lawsuit already but I really just want it to go away so I'm just showing them that I'm informed on my rights in an effort to make them go look for easier prey elsewhere.

These are two in the same are they not? I mean they cant continue to collect unless they contact me.

Anyways, I sent the C&D letter, Im a little nervouse on what they might try.

I hope they just dissappear.

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Try this:

Dear Credit Control LLC,

I am not liable for this account and I refuse to pay.

Give this letter the immediate attention it deserves.

:end of letter

Read the FDCPA and let them violate at their own peril, and then collect from them.

© 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.

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Try this:

Dear Credit Control LLC,

I am not liable for this account and I refuse to pay.

Give this letter the immediate attention it deserves.

:end of letter

Where does it say not to communicate in that?

My simple one:

Evil Collector Scumbags

666 Main Street

Sin City, XX, USA

Re: Account XXXXXX

CEASE COMMUNICATION!

Then if I'm in the mood to send a long drawn out snarky one, I'll add "We are done unless you want to be sued for FDCPA violations!".

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Where does it say not to communicate in that?

My simple one:

Then if I'm in the mood to send a long drawn out snarky one, I'll add "We are done unless you want to be sued for FDCPA violations!".

Read the FDCPA I quoted "© 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, ..."

If they do not know the law, sue them and educate them.

If you don't know the law, read and learn now.

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