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CEASE & DESIST LTR QUESTION

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Anonymous
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CEASE & DESIST LTR QUESTION

I have  a collection  account that was removed from my credit report but they still call my home answering machine every day.  If I send a C&D ltr can this restart any type of "clock" since I made contact with them? AND is there any chance they will put it back on my credit reports?  I guess the big question is do I just ignore them and they will eventually stop calling or is there any reason I shouldn't send a C&D ltr?
Message 1 of 7
6 REPLIES 6
Anonymous
Not applicable

Re: CEASE & DESIST LTR QUESTION



SHERIDHERE wrote:
I have  a collection  account that was removed from my credit report but they still call my home answering machine every day.  If I send a C&D ltr can this restart any type of "clock" since I made contact with them? AND is there any chance they will put it back on my credit reports?  I guess the big question is do I just ignore them and they will eventually stop calling or is there any reason I shouldn't send a C&D ltr?



Why was it removed from CR? Was it past CRTP?
Message 2 of 7
Anonymous
Not applicable

Re: CEASE & DESIST LTR QUESTION

I'm not sure actually it was a medical bill from 6 years ago (that I never got a bill for) and one day it just showed up on my credit report so I called them and asked for proof of the services.   I live in PA and the services were from OK but I did live there at that time.  Turns out I took my daughter to the ER back then.  I had them mail me medical records to prove to me it was really mine and then last month it dropped from my credit reports but they still call EVERYDAY and leave a message on my voice mail.  I don't even get mail from them anymore.  It's a shame that they can go 6 years without sending you a bill and then POOF... something just shows up on your credit report...such crap!
Message 3 of 7
Anonymous
Not applicable

Re: CEASE & DESIST LTR QUESTION

I take it that it is a CA calling. Send them this DV   CMRRR.  You really don't need all this BUT it also says NO phone calls.  They will be in violation if they call after they sign for it.
 
Make all changes where needed     DO NOT sign your name  just type it!
 
 
CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name
Message 4 of 7
Anonymous
Not applicable

Re: CEASE & DESIST LTR QUESTION

They may have been beyond the SOL when they reported (may explain why they removed it after your dispute) but that does not usually preclude them from pursuing you for payment. Or selling the debt to someone else.
Message 5 of 7
eemjlh
Established Member

Re: CEASE & DESIST LTR QUESTION

Hi, I have the same problem.  Last week I received a letter from a CA regarding an account that I know is over 10 years old.  I first found out about this account April 2007.  I quickly ordered my 3 credit reports and there were no collections listed on them.  I disputed this collection and the CA stopped writing and calling me.  Last week I received a letter from another CA regarding this same account.  I guess the first CA sold it to the 2nd CA.  My concern is that they might try to get it back on my credit reports.  Can a CA do that?  The last time I had any transaction on the original account was back in 1996.
Message 6 of 7
Anonymous
Not applicable

Re: CEASE & DESIST LTR QUESTION



eemjlh wrote:
Hi, I have the same problem.  Last week I received a letter from a CA regarding an account that I know is over 10 years old.  I first found out about this account April 2007.  I quickly ordered my 3 credit reports and there were no collections listed on them.  I disputed this collection and the CA stopped writing and calling me.  Last week I received a letter from another CA regarding this same account.  I guess the first CA sold it to the 2nd CA.  My concern is that they might try to get it back on my credit reports.  Can a CA do that?  The last time I had any transaction on the original account was back in 1996.


Send the DV letter that is posted here. ALWAYS keep all hard copies forever!!! They are worth more then IRS copies of your returns!   Once deleted or drops from CR you can not get copies.
 
Send the letter everytime you are contacted by a CA! An  OC or CA has the right to send mail or call no matter how old a debt is. BUT after CRTP they can not report to any CRA. You can also send a simple letter telling the NO CALLS.......this needs to be sent CMRRR also. You need a record that they received it!


Message Edited by HappyDays on 01-26-2008 10:45 AM
Message 7 of 7
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