Cease and Desist Template

Have you learned of a phone scam or are being harassed by debt collectors?
Do you have any suggestions how to prevent or defend against such issues?
If so, post here.
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Herman
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Location:DC Metro Area
Cease and Desist Template

Post by Herman » Wed Aug 05, 2015 9:32 am

How to deal with a persistent bill collector's harassing phone calls.

First, demand they provide you proof of debt. Do this VERY QUICKLY! You only have a limited time to legally make this demand. Don't put up with any of their BS. Tell them to stop trying to scare you and answer the question and provide that proof in writing. Check your state laws on how long you have to make this request as it varies. If they can't prove you owe THEM the collection agency and not the original party who you incurred the debt from, inform them you have no contract with them (or they you) and send the cease and desist (below)

Record, record, record. It's important in almost every state that they be informed that you are recording the call and give them a minute to either accept this fate or hang the hell up (With me they get 5 seconds). When the vulgarities start or the intimidation tactics begin, you've got it recorded and off to an attorney you go.

Send them a Cease and Desist Letter by certified & registered mail. How you send it is important because you need proof of delivery and proof someone at the company signed for it. Once this letter has been received, the collection agency must stop calling immediately. They are allowed one final call to inform you that the letter has been received but you already would know that with the returned receipt when you sent it registered.

Make no deals with them, no promises, provide no information or assistance to them in any way. If you need the address of the company where you plan to send all of this wonderful information to make them stop, ask them for it and do not take no for an answer. You are not willing to settle-up on the phone or by debit card or anything else. Don't admit to the debt, just ask them for the address. If that particular collector won't provide it, I'm sure you'll hear from another one soon who eventually will provide it. You might find it on any written correspondence they may have sent you or you can search for the company name and address on the web.

If you incurred the debt, they still can go after you of course but the phone calls will stop. You'll get a chance to breathe and decide what to do. I have used these tactics against debt collectors and I promise they will work. A company had been chasing me for a parking ticket from 1997 and called up to twenty five times a day at one point. They are gone!

I have included a template of the very letter I use on rare occasion to ward off the most vile collector.

Hope this helps! :hapsmile:


_____________________________________________

Your Name
Your Address
Your City, State
Your Zip

Date

Company Name
Company Address
Company Address
Re: ACCOUNT NUMBER, PHONE NUMBER WHATEVER THE ISSUE IS

To Whom It May Concern:

This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the phone number referenced above. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association.

We have decided that we do not desire to work with a collection agency under any circumstances. We will contact the original creditor to resolve this matter directly, as circumstances warrant.

You are also notified that should any adverse information be placed against my credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.


Sincerely,



_____________________________________________
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Slim
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Re: Cease and Desist Template

Post by Slim » Wed Aug 05, 2015 12:18 pm

Herman -

Great information!

Lurkers might also check the FTC site to learn that collectors MUST send the called person a "debt validation notice" within 5 days of the original call. The supposed debtor then has up to 30 days to reply.
Source:
https://www.consumer.ftc.gov/articles/0 ... collection

More "Action Letters" to snailmail:
http://www.consumerfinance.gov/blog/debtcollection/
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