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Cease and Desist Letter?

Discussion in 'Foreclosures' started by NVfun, Sep 23, 2011.

  1. NVfun

    NVfun LoanSafe Member

    Hi all. I just started getting phone calls at my work from the bank. How do I handle this? Do I write a Cease and Desist letter? The secretary at work told them not to call again. They hung up on her. I would like to keep communication to a minimum, and would say nothing at all if possible, but if I need to do a Cease and Desist, what's the best way to go about it? Should I just simply tell them not to contact me through my work, that this is against the law (it is), and that if they continue to do so I will take legal action? Not sure how to go about this so any help would be great! Thanks!<!-- google_ad_section_end -->
  2. TomEason

    TomEason LoanSafe Guide Staff Member

    NVfun

    Thanks for your post. Are you asking how to write a simple letter? If so, I recommend you not make a big deal of it. Just say what you want and send it. If you want to get fancy, you might cite the applicable section in the FDCPA.
  3. shobam

    shobam LoanSafe Member

    Look at you state's laws as well as the FED regarding collections and C&D. Here in Mass, a verbal notice is good for only ten days, that is true in other states as well. Yes, do send a C&D letter. like TomEason said don't get too wordy and I would add too shrill. it should be simple but firm and this is a your first chance to set the stage for any settlement that might come latter. You can illustrate that you know what your doing with a well written C&D. Some pointers that I and others here and via other venues have done. Do not acknowledge the debt nor deny it. Simply inform the collections agency that they, agents of them, people work for them or people who represent them to stop calling you, your employer, friends and family regarding any debt that they may think that you owe to them, thier associates or anyone who they represent. Do not include account numbers amounts or anything that can be seen by them as your taking ownership of this debt. Be vague regarding the debt but stern and clear about your desire under state and Federal collection laws that they shall stop calling. Add in that "It is your policy that you deal with all your debt accounts via the United States Postal Service, thus any communications with them shall be handled the same". This lets them know that you have dealt with this in the past, have a plan in place for this, your not frightened by them. Also they cannot say that you have refused to deal with what ever debt it is that they say you owe.

    Never get into it a collections person ion the phone and never send a red cent unless or until there is a settlement in place signed by all and to your liking.

    There are tons of samples out there and i would show you one of mine if you like but you get the picture.
  4. OverandDone

    OverandDone LoanSafe Member

    Shobam can you please post your example?
  5. shobam

    shobam LoanSafe Member

    Yes, I will please give me until tomorrow as I so not have an electronic version and i have to pull it out of my book that I keep and that I advise everyone to keep. In it should be times and dates of all phone calls, what was said, any and all letters that have been received and sent everything regarding you debt, sale - whatever. Keep in near the phone
  6. NVfun

    NVfun LoanSafe Member

    Thanks Tom and shobam. This site has been a real lifesaver for giving folks confidence in the whole process. Knowledge limits fear (and keeps a few more years on my life)!
  7. shobam

    shobam LoanSafe Member

    Below is the C&D letter that I sent to NCB Management. I will use a generic name and address for me. Please know that i did in fact reference the account number since they sent me a letter and I never challenged ownership, its a waste of time. This "Lou Ditto" guy was the name the collections agent used when he left messages. Here in Massachusetts a person working for a collections agency does not have to use his or her real name but must provide an employee number if asked. Collection for the OC do have to provide with their real name. I added in the line referencing "Lou Ditto" to let them know that I knew the law. There was no way that the person calling was Lou Ditto, that was an alias.

    Written in some variation of the letter below, you have not said that you won't communicate with them or have you refused to pay. You are simply excercising your rights under applicable law. You have tipped them off that you are in fact "proactive" and in fact have dealt with other collections types. Its professionally polite but forceful enough to make you point clear.

    In my C&D I added that I already entered into a settlement with the principles of the debt and that I was waiting of a written confirmation of the deal. That was gamble, true however as I did have a deal in place, but I refused to send in my financial profile.

    If you are near a deal or settlement that you like and your asked to send in financials, politely refuse, no good will come from it. That information will be use for collection purposes and not for a settlement. I said that I would send my financial profile right over as soon as you sign me up for and pay for 7 years of credit monitoring and 7 years or identity theft protection. I ended by saying that i am a recent victim of such acts. that was true. Before i knew anything I send PNC bank all that stuff. Several weeks later my primary bank called me at work and told me that someone was trying to get into our accounts and didn't have the right pass words, tried sevarl times over 24 hours. Coincidence? I don't know but others on this blogg chimed in when I posted that who them themselves had similar experiences. Here again, your not refusing anything uopu just want protection and they will never do it.

    Good luck

    John Smith
    123 Main St
    Plymouth Ma, 12345

    25-Sept-2011

    123 Collections Outfit
    PO Box 123
    Scumbag, PA. 12333

    Re: Cease and desist all phone calls regarding this account.
    Cc: :Lou Ditto, or persons calling themselves Lou Ditto, or persons or agents acting on behalf of Lou Ditto. Employee Number unknown.

    Account Number: 12345-12345

    Dear NCB Management Services:

    Pursuant to my rights under applicable Massachusetts General Law and Federal Debt collection Law, this is my request that any employee of NCB Management, its affiliates, agents and contractors immediately cease and desist all phones calls to me, my house, my family, friends, associates and above all my place of work. in connection with this debt that you claim the I owe.

    It has become my policy to deal only in writing through the united States Postal Service in handling all my debt accounts.

    Sincerely
    John Smith
  8. TomEason

    TomEason LoanSafe Guide Staff Member

    shobam

    Thanks for posting that; I like it. And thanks for posting your thought process explaining why you worded it this way. Good job!
  9. Denada

    Denada LoanSafe Member

    Has anyone ever sent a Cease & Desist email and obtained the intended result? I realize there will be no return receipt, should one need to ratchet up a complaint later for failure to comply. But if C&D emails are equally effective a hard-copy letter with RRR might not be necessary (= money/time saved).
  10. TomEason

    TomEason LoanSafe Guide Staff Member

    Denada

    Thanks for your post. Emailing a C&D isn't a good idea. By sending an email, you disclose your email to the lender or CA, who then might decide to contact you via email.

    Is mailing a letter really that much of a hassle for you?
  11. Denada

    Denada LoanSafe Member

    My email address is already on file with the bank. My question was centered around whether such a C&D email would/could work equally well, or if anyone had experience with this method (I was less concerned about the cost involved in sending registered mail).
  12. TomEason

    TomEason LoanSafe Guide Staff Member

    Denada

    Thanks for your post. I believe the provisions of the FDCPA require a C&D to be sent by mail. But I'm not certain. I recommend you download and read the act to be sure.
  13. Amopower

    Amopower LoanSafe Member

    Is this C&D letter only applicable for collection agencies, and not the original creditor? the way I see it there are three scenarios-
    1. the OC calls you
    2. a CA on behalf of the OC calls you
    3. a CA calls you who now owns the debt (OC sold it)

    I think a C&D only applies for 1 and 2, is that correct?
  14. acesfull

    acesfull LoanSafe Member

    Hi All

    Let me try to clear up some issues in regard to Cease & Desist letters. First off you need not send a C&D letter to get a CA or an OC to stop calling you.

    To get either OC or CA to stop calling you simply send them a DO NOT CALL REQUEST LETTER. Its fairly self explanatory.

    Now in regard to a C&D letter. C&D letters are and should be used only against CA and you request the C&D in your dispute letter to the CA. C&D is use for asking the CA to Cease and Desist in its collection activity until they can prove they have a legal standing to attempt to collect a debt. Must CA do not have the original contract or agreement that was create with the OC.

    So you can ask any creditor to DO NOT CALL contact via USPS ONLY.

    Here is a very simple example of a dispute letter to a CA that also includes the C&D request.
    This is my own temp plate and it WORKS everytime.

    DEAR CA,

    In regard to the alleged fraudulent account number listed above. Please provide me with proper legal validation that authorizes you and or your company to attempt collection actions on this alleged fraudulent account number. Per the FDCPA (Fair Debt Credit Practices Act) proper legal validation is a sign contract and or a signed agreement. Please be advised this is not a refusal to pay nor an admission that I owe the debt. I also reserve my rights to pursue future legal remedies against you Mr or Mrs Collection representative and The Name of the collection agency. I also request that you Cease & Desist any and all collection activitity on this fraudulent account. Please contact me via USPS only.

    Be advised accordingly

    UCC-1-308 (Without Prejudice)

    Acesfull

    CC- Joe Doe LLB Attorney At Law
    cc- Put the AG of your states name here.

    Most folks are not familiar with UCC- 1-308 without prejudice above your signature.
    This is a rule under the UCC that reserves your rights in regards to contracts.

    The CC reference is just some fancy window dressing.

    Hope this helps clear up some issues.

    Best regards
    NJ- 1 Year
    Acesfull/HWP
  15. Amopower

    Amopower LoanSafe Member

    You can really get an OC to stop calling you, by law?? Maybe I misunderstood this concept, but I thought there were certain things an OC could do that we could not stop, but a CA would have to stop if we told them to. (perhaps this was just attempting to collect the debt in general). Thanks for clearing that up.
  16. acesfull

    acesfull LoanSafe Member

    Hi All

    Hi Amopower-- OC are not held to the same regulations under the FDCPA as are CA. However they still must comply with FTC regulations and comply to your DO NOT CALL REQUEST. They are intitled to call and inform you of any changes to your account in regard to interest rates or fees however after you send the DNCR they will only contact you via USPS.

    In your DNCR letter, you can state that due in part to possible id thief and other possible fraudulent activity against your name etc that you simply feel more comfortable communicating via USPS. This method is also powerful if you have an outstanding debt that you cannot pay. The OC tend to sell debt to CA that they feel are difficult to collect. When the CA contact you send them the letter I posted above. Make sure to send everything CMRRR.
    Amopower, please remember the debt won't disappear but the phone will stop ringing.

    Everyones situtation is different, so Do whats best for you and your family.

    Best regards
    Nj-1 year
    Acesfull
  17. Amopower

    Amopower LoanSafe Member

    Thanks for the clarification, that is good to know. I recently am about 45 days late with Discover and was shocked to see they have called at least 4 times today, that is ridiculous. I removed my phone number from their online profile (I didnt put it there, they must have gotten it from my recent CR). However, I am sure that removal is a futile attempt, you know darn well they will just laugh at that and keep trying with the number they have. I have debts that have gone to collection agencies where I dont even get one call.
    Anyway, in addition to the removal of annoyance, I also understand that any sort of settlement arrangement should be in writing anyway. (when they get you on the phone they act like that isnt even an option, but I know better now).
  18. acesfull

    acesfull LoanSafe Member

    Hi Amopower

    If your really looking to disappear for a spell or put some seperation between you and your creditors. Change all phone numbers.
    Get a PO BOX etc. One thing though, when you get a dunning letter from a CA do not ignore it, use my dispute letter.
    If you ignore a debt letter it is then assumed to be valid and all interest and fees may be applied. Its just tougher to defend a debt later in the game then it is to defend early in the game. Hope this helps.

    Best regards
    Nj-1 year
    Acesfull
  19. Amopower

    Amopower LoanSafe Member

    That's one concept that I really have trouble with - how can we be held liable that we are not disproving a debt if we do not reply within that 30 day window, meanwhile they do not send that 30 day letter traceable? What if I were to reply 45 days later? Whose side is the law on in these cases where this 30 day window is so wishy washy in terms of proving?
  20. acesfull

    acesfull LoanSafe Member

    Hi Amopower

    Great question in regard to the time frame for a dispute letter. I will look into the whole legal aspect of the wording of a dunning letter.
    One thing I am certain, its better to dispute the debt then to ignore the debt.

    Best regards
    Nj-1 year
    Acesfull

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