Most collection agencies rely upon intimidation and personal contacts to collect debt, not legal action. It is your right to stop this.
If they are harassing you, you can shut it off. That is what the FDCPA gives you the right to do.
However, sending a C&D letter will shut off negotiations. If you send a harsh C&D, and then send them a PFD offer, how can they respond? They cant. So you have to think it out.
All I can advise you legally is that you can shut off ALL communication with you regarding their attempts to collect the debt, including phone calls, emails, written communication, etc, other than advising you that they have terminated collection activity, or taken legal action.
I would not mix this letter with letters addressing whether or not you consider the debt legit, or any PFD offers.
Recommended letter:
"I hereby provide written notification, under the provisions of FDCPA 805(c), that I instruct you to cease any and ALL communications that you may intiate with me other than in direct and specific response to communications that I may forward to you, except to notify me that you have terminated any further collection activities, or have invoked or intend to invoke legal action that requires a jurisdiction of legal competence to issue such notice to me.
" I also provide notice under FDCPA 805(b) that you are not, without my prior written consent, to communicate with any third party, including, but not limited to, my family, friends, associates, employer, their employess, or any other person with respect to collection of this alleged debt."
Message Edited by RobertEG on 06-13-2009 07:09 PM
