Jump to content

DV- Cease and desist letter.


Recommended Posts

Hello all,

 I this letter to a JDB any good. They just showed up on my credit report today.

I got a dunning letter from them last week

Thanks in advance

 

To whom it may concern,

 

I recently received a letter on 12/15/2012 referencing the above account number.

This is notice disputing this debt. I am disputing this debt in it’s entirety and request validation of the above referenced account.   

 

 

This is a refusal to pay this alleged debt

 

Any future calls will be recorded.

 

Thank you

Link to comment
Share on other sites

It depends upon your goal.  If you're hoping for possible violations in order to sue them, you could try to drag this out. 

 

Also, you could send a "refusal to pay".  Don't use the words "cease and desist".  A refusal to pay is the same as a cease and desist, but not all CAs/JDBs know that fact.  They might try to continue to collect, and you'd have an FDCPA violation.

 

However, if you don't want to fool with them at all, I'd merely state. "I don't owe this alleged debt.  Cease and desist all contact."

Link to comment
Share on other sites

I think I'll send them a plain dispute, please validate letter and see if the mark my credit report disputed as required by law.

About a month fro now I'll send them a full Cease and Desist.

 

Should I dispute this with the reporting angecies or wait to see if they mark it as disputed?

Link to comment
Share on other sites

If they're already reporting, they don't have to mark the entry as disputed.   That only applies if they start reporting after you dispute the debt with them.

 

Personally, I'd go ahead and dispute first with the CRAs, then send the DV.  Just make sure the DV is sent within 30 days of your receipt of that first letter.

  • Like 1
Link to comment
Share on other sites

This is a matter of debate on this board, but I'm not sure a refusal to pay buys you anything.  

 

One of those provisions requires a "debt collector" not to "communicate further" with a consumer who "notifies" the "debt collector" that he or she "refuses to pay" or wishes the debt collector to "cease further communication." § 1692c©.  Heintz v. Jenkins, 514 U.S. 291, 296 (1995).

 

§ 1692c(c)

 

(c) 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..

Link to comment
Share on other sites

It looks like they get on last reply.

 

© 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.

 

This is a matter of debate on this board, but I'm not sure a refusal to pay buys you anything.  

Link to comment
Share on other sites

If they're already reporting, they don't have to mark the entry as disputed.   That only applies if they start reporting after you dispute the debt with them.

 

Personally, I'd go ahead and dispute first with the CRAs, then send the DV.  Just make sure the DV is sent within 30 days of your receipt of that first letter.

It's all within 30 days. I'm sending out the disputes to the CRA's tomorrow. I'll send out validation-dispute to these guys Monday hoping they violate.

 

Thanks

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • 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.