How to write Capitol One Auto a C&D letter

[Anonymous]

I had some issues the last year that have forced me to pay house and car payments several weeks late. I set up a payment with Capitol One Auto to make my car payment 28 days late several weeks ago. At that time I told them the circumstances why I am late, and what I am planning to do to get caught up.

Yesterday I was put in the calling queue again. They called me 4 or 5 times yesterday, then called 7 times within a 7 minute period this morning, also called my parents today looking for me.  I called them back asking what was so important why they need to get a hold of me. It seems my payment processed but they wanted to know when I am going to send my January payment in which is not yet due, but due Juanuary 10th. Then they drilled me asking why I am making my payments late. I told them it was the same reason that I had a late payment two weeks ago. He said "Which is".. I started to get angry and told him to look in my file why I am late.... Then he asked me how often I am paid weekly? bi weekly? monthly? I got mad and told him it is none of their business when I get paid.  I wouldn't have got so mad but I already told them I am in a tight situation right and it might take sometime to get caught up. My payment processed yesterday and I really don't understand the collection calls the last few days.. Right now I am current with my payment and technically I won't be past due for almost another week. There was no need to look up my parents, or call them looking for me. 

I told them to Cease and Decist calling me. Never to call me again. The collection guy told me he couldn't do that. I said YOU CAN.. Actually to be honest I think they never told me the purpose of the call was to collect a debt when they talked to me today.. I also could not understand half the time what the person was saying. I told him his english was poor and I need to speak to someone else. 

Anyway I found out the fax number to send them a C&D letter. It is 1-866-722-6716. Indicate your account number, address, and phone number. Indicate you wish to no longer be called for collection purposes.

Normally collection calls can be a good thing if you forget.. When I look at my caller ID log on my cell phone and find over 20 collection calls in one day, and 20 calls on my home phone.. that is a little extreme for being 10 to 20 days late. I have to pay peak airtime on my cell phone when they call me and leave a hang up on my voice mail during business hours. Hopefully they will honor this C&D.. No more calls. 

Message Edited by Pants on 01-07-2010 04:12 PM

[Anonymous]

perhaps they just want to know when you will be making your next payment to keep you from getting future calls. I worked as a collection representative at one time and theres a computer system called CACS I believe and the representative enters the date and amount of an agreed upon payment arrangement to keep the account from progressing through the collection system. If you would just be patient with them and advise them exactly when and how much you will be paying then they can document your account and prevent further calls. The people who get frustrated and hang up, etc are the ones that continuously receive calls because the CACS system is always going to try to contact the customer to document WHEN and HOW MUCH will be paid. Next time, if there is a next time since you decided to opt-out, just let them know when your next payday is. Thats why they asked that in the first place...they are looking to notate your intentions to pay. I highly suggest anyone receiving collection calls to take my advice...

[Anonymous]

I agree somewhat to your point. It is always good to keep in contact if you are in financial problems.  Which I did several weeks prior to making the payment.. The customer service rep set up the payment on the phone and the date...

However,  Yesterday Capitol One called me 22 times (12 on my cell phone, 10 on my land phone). Then contacted my parents leaving them a message for me to get in contact with them. I wasn't home yesterday during business hours to contact them. This morning while I was trying to sleep (because of my job, I was up 27 hours straight and needed the Z's), they called me 3 times in a row right after I took my daughter to school and crawled back to bed. . Yeah.. I was grumpy this morning. That's not ordinary collection proceedures.. That is harassment. I can see one or two calls per day.. But every minute? Call people who are 20, 30, or 40 days past due.. Don't call me. 

I don't see a need for them to document when I will be making a payment or documenting how much I will pay unless I am late. At this point in time I wasn't late. December payment made it in and the January payment wasn't due until the 10th. I was planning to make the January payment on the due date.. think if you do collections in a harassing way, it will force more people to opt out. Which is this case..

Message Edited by Pants on 01-08-2010 02:08 AM

[RobertEG]

Here is a comprehensive C&D letter under the legal provisslons of the FDCPA:

"This is written notice, under the provisions of FDCPA 805(c), that I am refusing to pay the alleged debt, and that I therefor demand that you immediately cease any and all communication with me, with the simple and sole exception of notifying me, under FDCPA 805(c)(1), that you have terminated all collection efforts on this alleged debt.  That notice I will accept, but no other.

"This written request additionally extends, under the provisions of FDCPA 805(b), to any communicationsn with any third parties.