xavi72 Posted November 27, 2012 Report Share Posted November 27, 2012 I previously sent a DV to this OC as well as a request that all communications continue in written form only. Mind you, this case is not in the courts, I've just been proactive in developing appropriate defenses.So today, I received a letter from the OC stating that they have applied a Cease & Desist to my account. According to the letter, the C & D states that they will not contact me any more about collections on this account but instead I will only receive communications I request or that they are required by law to send.Am I being set up here since I didn't request for a C & D of any collection efforts? As I stated earlier, I only sent them a DV and my election for arbitration with JAMS to dispute the account.Has anybody experienced this? Link to comment Share on other sites More sharing options...
kutuzov Posted November 27, 2012 Report Share Posted November 27, 2012 They are beeing nice a C&D does not apply to original creditors, nor the DV letter either. Link to comment Share on other sites More sharing options...
1stStep Posted November 27, 2012 Report Share Posted November 27, 2012 A C&D sent to an OC will probably result in you being sued. Link to comment Share on other sites More sharing options...
willingtocope Posted November 27, 2012 Report Share Posted November 27, 2012 However, if your letter also included an election for JAMS arbitration they may not want to play.You're just going to hhave to wait to see what happens next. Link to comment Share on other sites More sharing options...
NervousOne Posted November 27, 2012 Report Share Posted November 27, 2012 For what its worth I tried a cease and desist on a junk debt buyer only to be served 2 weeks later. I think a cease and desist is a invitation for a lawsuit. I'm new to this so take my advise lightly. Link to comment Share on other sites More sharing options...
xavi72 Posted November 27, 2012 Author Report Share Posted November 27, 2012 For what its worth I tried a cease and desist on a junk debt buyer only to be served 2 weeks later. I think a cease and desist is a invitation for a lawsuit. I'm new to this so take my advise lightly.Perhaps I wasn't clear in my initial post but I didn't send them any C & D request. It was only a DV letter requesting JAMS arbitration and that all communications be done in writing. It actually wasn't even sent to the OC but one of their collection agencies. If they do decide to file a lawsuit, that is an automatic violation since I have already elected to go the arbitration route, so if I'm correct with the amount, it's a $1000 fine. Link to comment Share on other sites More sharing options...
BV80 Posted November 27, 2012 Report Share Posted November 27, 2012 (edited) Perhaps I wasn't clear in my initial post but I didn't send them any C & D request. It was only a DV letter requesting JAMS arbitration and that all communications be done in writing. It actually wasn't even sent to the OC but one of their collection agencies. If they do decide to file a lawsuit, that is an automatic violation since I have already elected to go the arbitration route, so if I'm correct with the amount, it's a $1000 fine.The FDCPA doesn't really provide for a limited C & D (no phone calls. in writing only). The CA may have simply been covering their tushies and not taking any chances.Also, unless your state allows a CA to file suit for an OC, the CA's not going to sue you. The OC will. If suing after electing arbitration is an FDCPA violation, that won't affect the OC. Edited November 27, 2012 by BV80 Link to comment Share on other sites More sharing options...
NCalDebt Posted November 28, 2012 Report Share Posted November 28, 2012 I have had the same thing happen to me with a CA for Cap1. I am about 6 months away from SOL, so I figured they would they would file soon anyway. I have used the same DV letter to every CA or JDB for the last year and never had that response from anyone Ca ,JDB or the OC. Link to comment Share on other sites More sharing options...
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