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Letter to send CA for contact after C&D sent

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Anonymous
Not applicable

Letter to send CA for contact after C&D sent

Does anyone have a sample letter to send a CA for contacting me and my family after I sent them a C&D over a month ago?  They are claiming that they are taking me to court if they don't hear from me which is what they said last month.  I called them and asked to be sent a letter stating all of this but the guy refused and said it wasn't necessary.  I then stated that I needed something to give my lawyer since they were going to be taking me to court and he said there was no need for a letter or a lawyer and we can settle out of court.  I still insisted on a letter and he said no and said that he would take this as a refusal to pay and hung up on me. 

 

I have since filed a complaint with my state's AG's office but they then called me and my family again yesterday saying the same thing.  I want to send them another C&D letter but I'm not sure if I should send the same one again, or is there something referencing that they are now in violation of the law and that I could possibly sue them.

Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: Letter to send CA for contact after C&D sent

Check the FDCPA and find the sections relevant if you want to quote the laws they are breaking.
Message 2 of 9
llecs
Moderator Emeritus

Re: Letter to send CA for contact after C&D sent

Are you inside SOL? CRTP?

Never ever talk to a CA. If they call, don't answer.
Message 3 of 9
Anonymous
Not applicable

Re: Letter to send CA for contact after C&D sent


@llecs wrote:
Are you inside SOL? CRTP?

Never ever talk to a CA. If they call, don't answer.

 

Yes it is still inside SOL.  And its not reporting on my CR yet.  The first time I talked to them they were really ignorant and rude.  Today the lady wasn't so bad but she didn't know what she was talking about.  She told me that she got my C&D but needed valid documentation telling her why they need to C&D.  I thought once they received the C&D they have to cease all contact.  She asked me to send her a faxed document, but of course the fax wouldn't go through.  I searched on the web for any info of this company and all I see are complaints.  And their website has been underconstruction for it seems like a year or so.
Message 4 of 9
llecs
Moderator Emeritus

Re: Letter to send CA for contact after C&D sent

IMO, a C&D is the last thing you'd ever want to do on a debt inside SOL and CRTP. Even if they received your letter and stopped all contact, they still can sue you and can still report.

Have you sent a DV letter yet?
Message 5 of 9
Anonymous
Not applicable

Re: Letter to send CA for contact after C&D sent


@llecs wrote:
IMO, a C&D is the last thing you'd ever want to do on a debt inside SOL and CRTP. Even if they received your letter and stopped all contact, they still can sue you and can still report.

Have you sent a DV letter yet?
That is what I was trying to fax to them.  They claim I owe for a payday loan but I know I've paid the loan off.  I've already contacted my state's AG's office and they said pdls are illegal in my state and they are now handling it.  I will send the letter to them today.
Message 6 of 9
llecs
Moderator Emeritus

Re: Letter to send CA for contact after C&D sent

A C&D is a cease and desist letter. Basically you are telling them that all contact to you must stop. A DV letter is different. You are asking for verification of a debt.

If you sent a DV letter, did you have a chance to send it w/in 30 days of their initial collection letter? Are you open to posting on here what you sent (if you do, leave out any personal info)?
Message 7 of 9
Anonymous
Not applicable

Re: Letter to send CA for contact after C&D sent


@llecs wrote:
A C&D is a cease and desist letter. Basically you are telling them that all contact to you must stop. A DV letter is different. You are asking for verification of a debt.

If you sent a DV letter, did you have a chance to send it w/in 30 days of their initial collection letter? Are you open to posting on here what you sent (if you do, leave out any personal info)?

That's the thing, they never once sent me a letter or anything in the mail.  They just started to call and when I asked for a letter the first time, the guy said that it wasn't necessary.  I sent them a C&D on May 1st, which they ignored because they contacted me and my family again yesterday.  The lady I talked to today admitted that they received the C&D but need documentation as to why they need to C&D.  It also seems very strange that they keep contacting me on the 1st of each month.  I am sending the DV letter today.

Message 8 of 9
corkyduckfan
New Contributor

Re: Letter to send CA for contact after C&D sent

Like everyone said, DV this company.  Because you talked to them, they are trying to bully you and use illegal scare tactics.  Here is the deal.  If you indeed did pay them off and have proof of it, then you have nothing to worry about.  If they ever show up on your report, then you send them a intent to sue letter and if they don't respond to that, then you take them to small claims court, where CA almost never show up.  I have taken 2 CA's to small claims and I won both times.  It was not real difficult.  Good luck.
Message 9 of 9
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