Telling Collections Agencies to jump off a bridge

[Anonymous]

If I tell a collection agency to stop communicating with me, to take their business elsewhere, etc, etc, does that mean they're forced to turn the account back over to the original creditor or will that still show up on my account as a collection? I've read a lot about telling Collection Agengies to go *&$# themselves, but nothing about how that action will achieve anything other than them not being allowed to call you anymore. Thanks for any info!

[MidnightVoice]

Is this a valid collection?  If it is, and if it is large enough, ignoring it could lead to a court case

[cobra19]

Collection agencies are, if nothing else, persistent buggers and they will pursure you to collect. Telling them to stop communication with you will not deter tham. If the debt is large enough, they'll pursue legal action.

If the debt is really yours, try to settle.

[llecs]

Bad advice.

First, never ever never call or talk to a CA. They will tell you anything and everything to get you to pay. Their word is not their bond. Moreover, many do record phone calls which could potentially be used against the debtor in the future. Always confine any communication to mail, CMRRR.

Telling them to stop calling won't get them to stop calling and it won't force them to return the debt to the OC and they still have the option of reporting (if not barred by agreement with the OC).

One a letter requesting they stop calling will stop them from calling. And they won't go away if you request it. You'd have to fight with DVs, PFDs, etc.

ETA: Wow, I am a slow typer.

Message Edited by llecs on 02-06-2009 02:47 PM

[Anonymous]

Here's what I sent them:

I must decline your invitation to do business. Your presumption that you have the legal right to collect anything from me is rebutted. If you feel that there is some statute or law that entitles you to force me to do business with you, then produce it. If you feel there is some written agreement between us that gives you the authority to force me to do business with you, then produce it. If you are unable to do so within one month, then remove any derogatory reporting to the credit bureaus and cease any further derogatory reporting to the credit bureaus. Otherwise, if you continue collection activity and damage my credit, I will consider it attempted extortion and act accordingly.

What is the point of these letters if you guys are saying it doesn't do me any good? Thanks!

[Anonymous]

illecs is correct.....

i no longer have collections on my CR, however when i did and i recieved harassing phone calls, i would tell them that i do not communicate my phone, and to please send anything in writing if they want a response.

then I DV'd them, etc....but NEVER discuss by phone, ALWAYS by CMRR... 

[dollar_bill]

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 (Typed only - do NOT sign) 

[Anonymous]

This is a really great and strong letter and it seems pretty difficult that a collections agency is going to be able to produce the said documents, but what is the likelihood that they will take this letter seriously and act accordingly to remove the negative marks? What requires them to do so and what what will enforce them since I don't see how they will take this letter as seriously as I'd like?

To me, it just seems like they would ignore it and move along....

Thanks for the letter and I look forward to a reply!!

[Itsmeagain]

1. A collection agency or debt buyer has the same right to collect as the original creditor if your agreement (contract, cardmember agreement, etc), provides for that in the verbage (and almost all do).
2. The collector must adhere to the requirements set forth in the Fair Debt Collection Practices Act (FDCPA) and state regulations (if applicable). FDCPA: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
3. Collectors are not required to provide anything at all to the consumer.  But, they must cease collection activity until validation is provided if a dispute has been received within thirty days of the first notification from the collector,  . . see FDCPA § 809. Validation of debts.
4. The letter you describe in your post is known as a "Cease and Desist Letter" (C&D).  It bars the collector from contacting you again except for one more time; to notify you that they are ceasing collection or filing suit.  A C&D almost always guarantees a swift filing because you have removed the vehicle for further collection activities.  This is also covered in the FDCPA.
5. The FDCPA provides for actual, statutory and punitive damages for violation of the above statutes.

Be careful what you ask for, you just might get it.

Good luck