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Is this an acceptable Cease and Desist letter?


ADAM09
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Date

Your Name

Your Address

City, State Zip

Collection Agency

Collection Agency Address

City, State Zip

RE: Account #xxxxx-xxxxxx

Dear Collection Agency, Under the Fair Debt Collection Practices Act Section 805 ©, it is my right to request that you cease contact with me. I am exercising my right to do so with this letter. I request that you immediately CEASE and DESIST all contact with me. With this notice, under the law, you can now only contact me to: To advise me that your company's further efforts are being terminated; To notify me that your companie may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or Where applicable, to notify me that your company intends to invoke a specified remedy.

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES.

Sincerely,

If not what should be added or taken out? Thanks in advance for your response.

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Your Name
Address
City, State Zip


Debt Collector’s Name
Address
City, State Zip

Re: Account Number

Dear Debt Collector:
 

Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.

You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the Pennsylvania Attorney General’s office.

 

Any letter that gets the point across is sufficient.Send certified mail return receipt requested

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You don't have to quote the law to them.  They're already supposed to know the law.  I would simply state that I dispute the alleged debt and to cease and desist all communications.

 

However, you could leave out the "cease and desist" and simply state that you refuse to pay.  That's the same as a cease and desist but not all CAs know that fact.  If they continue to contact you afterward, they'd be in violation of the FDCPA. 

 

Is this debt outside the SOL for collection?

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It will work but more that likely will escalate into a filing of a Complaint and a lawsuit.

 

I would suggest in your dialog you indicate "Correspondence Only by Mail" which is considerably easier than dealing with all the phone calls.

 

Technically Creditors are supposed to stop if you send a letter of dispute and claiming the following:  

         

           (Less said is more)

1 - I dispute this account and owe not one penny

2 - I request a full investigation.  

 

Best regards,

 

HP

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You don't have to quote the law to them.  They're already supposed to know the law.  I would simply state that I dispute the alleged debt and to cease and desist all communications.

 

However, you could leave out the "cease and desist" and simply state that you refuse to pay.  That's the same as a cease and desist but not all CAs know that fact.  If they continue to contact you afterward, they'd be in violation of the FDCPA. 

 

Is this debt outside the SOL for collection?

Thanks a lot guys.

 

Im not really interested in bating them into court although I think it would be easy with the CA I am dealing with.

 

I really just want them to go away.

 

The debt is past the SOL for my state. As a matter of fact it is due to be expunged from my CR this year.

 

This debt is on its third or fourth CA at this point.

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It will work but more that likely will escalate into a filing of a Complaint and a lawsuit.

 

I would suggest in your dialog you indicate "Correspondence Only by Mail" which is considerably easier than dealing with all the phone calls.

 

Technically Creditors are supposed to stop if you send a letter of dispute and claiming the following:  

         

           (Less said is more)

1 - I dispute this account and owe not one penny

2 - I request a full investigation.  

 

Best regards,

 

HP

The debt is past SOL so they can try and sue if they want but It will be all for nothing.

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Past the SOL, then they are SOL, and "I refuse to pay this debt" sincerely, You, is all you need.

 

Really any and all variations in this thread would work.   Since it's past the SOL you can basically tell them pretty much anything as long as it includes telling them to C&D and/or you refuse to pay.

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