qbert

got first post-SOL collection letter, help me craft a C&D

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the letter is from a new collection agent for a debt held by Discover as OC. It has the much sought-after verbage that 'this debt is out of SOL and legal action cannot be taken'. Since its a new collection agent i will be sending them a combination DV/ cease and desist.

 

I guess i would not call it a DV since im telling them to not contact me, more of a denial of the debt in combination with the C&D

 

any choice verbage i should include in my letter?

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I'd keep it simple. Inform them the alleged debt is beyond the State of California's Statute of Limitations. Reference their account number if provided, but not the OC's account number. You deny any obligation to the alleged debt they claim. I'm not sure they have to live up to a demand / cease and desist from future letters or invoices, but you can request it.

 

I typically include:

 

"I hereby request that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt any telephone communication with me, including but not limited to computer generated calls, it will be considered harassment under the Fair Debt Collection Practices Act."

 

Also, it's critically important your letter is printed on the correct paper:   ::tp::

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You would send them a "refusal to pay". I guess a C&D as well.

 

"I REFUSE TO PAY THE TIME BARRED ALLEGED DEBT, STOP ALL COMMUNICATION".

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Dear dirtbag:

 

On April xx, 2014, you or someone from your company contacted me about an alleged debt identified by (Collection agent's acct number).  I dispute this alleged debt.

 

Please provide this letter to the company for whom you are collecting so that they have notice of my dispute.

 

Please inform any credit reporting agencies to which you have reported this debt to, that this debt is currently in dispute. 

 

You are also required to cease and desist from contacting me in this and any related matters unless it is by United States Mail, and only for the purpose of informing me that you are terminating all efforts to collect or that you are taking specific court of legal action. I hereby request that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt any telephone communication with me, including but not limited to computer generated calls, it will be considered harassment under the Fair Debt Collection Practices Act.

 

Sincerely,

 

Qbert

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@qbert

 

A refusal to pay is a C&D.  If you don't want to fool with them, just state either "I refuse to pay" or "cease and desist all communication".

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@qbert

 

You would need to dispute the account in your letter.  If they're already reporting, they only have to report it as disputed if they update the entry.  If they're not reporting, then it must be reported as disputed if the choose to report.

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@qbert, good letter. One of the things I include in my letters for any real pests is info on my state's law requiring debt collectors to be licensed. My State (FL) has a quick search function on their Office of Financial Regulation's website ( https://real.flofr.com/ConsumerServices/SearchLicensingRecords/Search.aspx ) to search if a collection agency is properly licensed. If I find a party sending me a debt collection letter is not licensed, I generally cite the statute and remind them their activity carries civil and criminal penalties pursuant to Florida Statute 559.55 et seq. I imagine that CA (and other states) have similar laws.

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@qbert

 

You can file a dispute with the CRA's yourself as well. And you can dispute AND refuse to pay them.

 

"Dispute" means they can try harder and possibly get paid, "refusal to pay" suggest it's over. You might be more comfortable with both, knowing that  you  are covered. Your lawsuits always get dismissed quick anyway.

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Unless the debt is within the SOL for credit reports, I would not dispute. I would only say in the letter that "I refuse to pay this debt and to stop all communications". That should be enough for most JDBs. I would then send a separate dispute to the CRAs.

If the debt is within reporting period, then you will need to dispute with the JDB to get it removed and I would say something along the lines of "I dispute this debt and refuse to pay it." Then send a letter to the CRA.

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If you tell them to C and D, that includes telephone communication. Personally, I wouldn't spoon feed them. They know, or should know, the meaning of "Don't contact me."

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I just keep it simple

 

To Collector,

 

I refuse to pay this debt.  All communications with me are to cease and desist.

 

Signed, 

 

Me.

 

Send them back a copy of their correspondence so they know exactly what communication they are referring to.

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